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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Border
Protection Bill 2001
No. ,
2001
(Immigration and Multicultural
Affairs)
A Bill for an Act to provide for
the removal of ships from the territorial sea of Australia, and for related
purposes
Contents
A Bill for an Act to provide for the removal of ships
from the territorial sea of Australia, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Border Protection Act 2001.
This Act is taken to have commenced on 29 August 2001 at 9.00 am by
legal time in the Australian Capital Territory.
In this Act:
Australia includes all the external Territories.
officer means any of the following persons who is authorised
(whether orally or in writing) for the purposes of this Act by the Prime
Minister or the Minister:
(a) the Secretary, or an employee, of the Department;
(b) a person who is an officer for the purposes of the Customs Act
1901;
(c) a member of the Australian Federal Police or of the police force of a
State or an internal Territory;
(d) a member of the police force of an external Territory;
(e) a member of the Australian Defence Force.
ship means any vessel used in navigation, other than air
navigation, and includes a barge, lighter or any other floating
vessel.
territorial sea, in relation to Australia,
means the territorial sea area whose outer limits are from time to time
specified in a Proclamation made by the Governor-General for the purposes of
section 7 of the Seas and Submerged Lands Act 1973.
(1) An officer may, in his or her absolute discretion, direct the master
or other person in charge of a ship that is within the outer limits of the
territorial sea of Australia to take the ship, and any person on board the ship,
outside the territorial sea.
(2) A direction given under subsection (1) must not be called into
question, or challenged, in any proceedings in any court in Australia.
(3) An officer may use any reasonable means to give a direction under
subsection (1).
(4) To avoid doubt, a direction is given under subsection (1) even
if:
(a) there was no master on board the ship to receive the direction;
or
(b) the master did not receive or understand the direction.
Where a direction has been given under section 4, an officer may
detain the ship, and take it, or cause it to be taken, outside the territorial
sea of Australia. For this purpose, reasonable means, including reasonable
force, may be used by the officer or another person.
An officer, or a person assisting an officer, may return to a ship a
person who:
(a) at the time when a direction is given under section 4 in respect
of the ship, is on board the ship; and
(b) later leaves the ship.
For this purpose, reasonable means, including reasonable force, may be used
by the officer or another person.
(1) Proceedings, whether civil or criminal, may not be instituted or
continued against the Commonwealth in respect of action taken under
section 5 or 6.
(2) Proceedings, whether civil or criminal, may not be instituted or
continued against an officer who takes action under section 5 or 6, or a
person who assists in taking action under section 5 or 6, if the officer or
other person acts in good faith.
Proceedings may not be instituted or continued by any person in any court
to prevent a ship, or any persons on board a ship, being removed to a place
outside the territorial sea of Australia pursuant to a direction given under
section 4.
(1) Any application for a protection visa under the Migration Act
1958, made by a person who is on board a ship at the time when a direction
is given under section 4 in respect of the ship, is not a valid
application.
(2) Section 91F of the Migration Act 1958 applies in relation
to an application covered by subsection (1) of this section as if it were
an application covered by section 91E of that Act.
This Act has effect in spite of any other law.
(1) This section applies to action taken during the period between the
commencement of this Act and the time when this Act received the Royal
Assent.
(2) If, during that period, the Prime Minister or the Minister authorised
a person (the authorised person) described in any of the
paragraphs of the definition of officer in section 3 to give
a direction of the kind described in section 4 (however that authorisation
was expressed), then:
(a) any action of the kind described in section 5 or 6 that was taken
pursuant to that authorisation (including any action taken by any other person
at the request or direction of the authorised person) is deemed for all purposes
to have been validly taken under this Act; and
(b) section 7 applies in respect of any such action as if the action
had been taken under section 5 or 6; and
(c) section 8 applies in respect of any removal of a ship pursuant to
such an authorisation as if a direction had been given under section 4;
and
(d) section 9 applies to any application made by a person who was on
board the ship at any time during that period as if a direction had been given
under section 4 in respect of the ship concerned while the person was on
board the ship.