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1998 – 1999 – 2000
- 2001
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
BORDER PROTECTION
(VALIDATION AND ENFORCEMENT POWERS) BILL 2001
EXPLANATORY
MEMORANDUM
(Circulated by
authority of the
Minister for Immigration and Multicultural Affairs,
The
Hon. Philip Ruddock MP)
BORDER PROTECTION (VALIDATION AND ENFORCEMENT POWERS)
BILL 2001
OUTLINE
1. The purpose of the Border
Protection (Validation and Enforcement Powers) Bill 2001 (“the
Bill”) is to validate any action of the Commonwealth and others taken in
relation to vessels carrying persons who are reasonably believed to be intending
to enter Australia unlawfully.
2. Schedule 1 and Schedule 2 to the Bill
make a number of amendments to the Customs Act 1901 (“the Customs
Act”) and the Migration Act 1958 (“the Migration Act”)
to clarify the operation of existing powers in those Acts and provide additional
powers in relation to vessels carrying persons who are believed to be seeking to
enter Australia unlawfully.
3. Schedule 2 to the Bill also amends the
Migration Act to provide for mandatory minimum penalties in relation to people
smuggling offences.
4. The Bill is part of a package of Bills that
includes the Migration Amendment (Excision from Migration Zone) Bill 2001 and
the Migration Amendment (Excision from Migration Zone) (Consequential
Provisions) Bill 2001.
5. The amendments in these Bills are being made
in response to the increasing threats to Australia’s sovereign right to
determine who will enter and remain in Australia. These threats have resulted
from the growth of organised criminal gangs of people smugglers who bypass
normal entry procedures.
6. The provisions in the Bill relating to the validation of certain
actions:
• apply to any action taken by the Commonwealth or others
in relation to particular vessels during the period between 27 August 2001 and
ending on the day on which this Bill commences;
• specify that any such
action that was taken was lawful when it occurred; and
• provide that
no proceedings against the Commonwealth or others may be instituted or continued
in any court in respect of the actions to which this Bill
applies.
7. These measures have been prompted by the events that have
occurred recently in relation to the entry of the MV Tampa into
Australian waters with persons seeking to enter Australia unlawfully and other
vessels carrying unlawful arrivals. The 27 August 2001 commencement date for
the “validation period” coincides with the date on which Australia
first took actions in relation to the MV
Tampa.
Schedules 1 and 2 – Amendment of the Customs
Act and Migration Act
8. Schedules 1 and 2 of the Bill provide
additional statutory authority to deal with vessels carrying unauthorised
arrivals and the unauthorised arrivals themselves who may arrive in the future.
9. The Schedules amend the Customs Act and Migration Act to
introduce:
• new provisions regarding the detention of a person
found on a ship or aircraft detained under section 185 of the Customs Act or
section 245F of the Migration Act and expressly clarify the nature of the powers
an officer may exercise in relation to such persons; and
• a new
search power in relation to people on certain ships or aircraft and a power to
return people to a ship detained under section 185 or section 245F.
10. In addition, the amendments to the Migration Act clarify that a
person is not in “immigration detention” if restrained or dealt with
pursuant to the new provisions regarding the restraint of a person found on a
ship or aircraft detained under section 245.
11. The amendments to the
Migration Act also introduce minimum mandatory penalties in relation to the
people smuggling offences in sections 232A and 233A of the Act. These
provisions will not apply to persons under the age of 18 years.
FINANCIAL IMPACT STATEMENT
12. These amendments,
together with those in the other two Bills, introduce measures to discourage
people smuggling to Australia. While there is a range of costs associated with
discouraging or preventing potential unauthorised arrivals, the successful
reduction in the numbers of unlawful entrants into Australia would significantly
reduce detention and processing costs.
NOTES ON INDIVIDUAL CLAUSES
Clause 1 Short title
1. The short title by which this Act
may be cited is the Border Protection (Validation and Enforcement Powers) Act
2001.
Clause 2 Commencement
2. This clause provides
that this Act commences on the day it receives the Royal
Assent.
Clause 3 Schedule(s)
3. This clause provides that
each Act specified in a Schedule to this Act is amended or repealed as set out
in the applicable items in the Schedule concerned. In addition, any other item
in a Schedule to this Act has effect according to its terms.
Clause 4 Definitions
4. This clause defines certain terms
that are used in Part 2 of this Act.
5. “Commonwealth
officer” is defined to mean a person who:
• is in the service
or employment of the Commonwealth or an authority of the Commonwealth;
or
• holds or performs the duties of any office or position under a law
of the Commonwealth; or
• is a member of the Australian Defence Force
(“the ADF”).
6. “Validation period” means the
period starting on 27 August 2001 and ending at the beginning of the day on
which this Act commences.
7. “Vessel” has the
same meaning as in the Migration Act. Subsection 5(1) of the Migration Act
provides that “vessel” includes an aircraft or an installation.
Clause 5 Action to which this Part applies
8. Clause 5
sets out the actions to which Part 2 of this Act applies.
9. It provides
that Part 2 applies to any action taken by the Commonwealth, a Commonwealth
officer, or any other person acting on behalf of the Commonwealth, in relation
to:
• the MV Tampa; or
• the Aceng; or
• any other vessel carrying persons in respect of whom there were
reasonable grounds for believing that their intention was to enter Australia
unlawfully; or
• any person who was on board a vessel mentioned above
at any time during the “validation period” whether or not the action
was taken while the person was on board the vessel.
10. However, Part 2
only applies to action taken during the period starting on 27 August 2001 and
ending at the beginning of the day on which this Act commences (“the
validation period”).
Clause 6 Action to which this Part applies
taken to be lawful
11. Clause 6 makes it clear that all action to
which Part 2 of this Act applies is taken for all purposes to have been lawful
when it occurred.
Clause 7 No proceedings in respect of action to
which this Part applies
12. Under subclause 7(1), legal proceedings
(whether civil or criminal) cannot be instituted or continued in any court
against specified parties in respect of action to which Part 2 of this Act
applies. The specified parties are:
• the Commonwealth;
or
• a Commonwealth officer; or
• any other person who acted
on behalf of the Commonwealth in relation to the action.
13. Subclause
7(2) provides that section 7 applies to:
• the institution of
proceedings on or after the day on which this Act receives the Royal Assent;
and
• the continuation, on or after the day on which this Act receives
the Royal Assent, of proceedings that were instituted on or before that day.
Clause 8 Compensation for acquisition of
property
14. Clause 8 deals with situations where the provisions of
Part 2 of this Act result in the “acquisition of property” from a
person.
15. “Acquisition of property” is defined in
subclause 8(2) as having the same meaning as in paragraph 51(xxxi) of the
Constitution.
16. Subclause 8(1) provides that where any provision of
Part 2 would not be valid, apart from this section, because a person has not
been compensated for an “acquisition of property”, the Commonwealth
must pay the person:
• a reasonable amount of compensation that has
been agreed to by the person and the Commonwealth; or
• a reasonable
amount of compensation as determined by a court of competent jurisdiction where
the Commonwealth and the person do not reach an agreement.
17. Subclause
8(3) requires any damages or compensation recovered, or other remedy given, in a
proceeding begun otherwise than under this section to be taken into account in
assessing compensation payable in a proceeding begun under this section and
arising out of the same event or transaction.
Clause 9 Jurisdiction of
High Court
18. Clause 9 makes it clear that nothing in Part 2 of this
Act is intended to affect the jurisdiction of the High Court under section 75 of
the Constitution.
SCHEDULE 1 – Amendment of the Customs Act
1901
Item 1 At the end of section 184A
1. This item adds new
subsection 184A(13) into the Customs Act.
2. New subsection 184A(13)
clarifies the meaning of certain phrases used in existing section 184A which
provides a general power to request to board a ship in certain circumstances.
It provides that:
• a reference to the “commander of a
Commonwealth ship or Commonwealth aircraft” includes a reference to a
“commissioned officer of the ADF”; and
• a reference to a
“member of the commander’s crew” includes, in relation to a
“commissioned officer of the ADF”, a reference to a person under the
command of the commissioned officer.
3. “Commissioned officer of
the ADF” is also defined in new subsection 184A(13) and means an officer
within the meaning of the Defence Act 1903.
Item 2 Subsection
185(3)
4. This item amends subsection 185(3) of the Customs
Act.
5. Existing subsection 185(3) allows an officer (as defined in
subsection 185(5)) to detain, in certain circumstances, a ship or aircraft and
bring it, or cause it to be brought, to a port or other place that he or she
considers appropriate.
6. The amendment to subsection 185(3) makes it
clear that “another place” includes, in relation to a ship, a place
within the territorial sea or the contiguous zone in relation Australia.
Item 3 Subsection 185(3A)
7. This item repeals existing
subsection 185(3A) and substitutes new subsections 185(3AAA) to 185(3AB) into
the Customs Act.
8. These new provisions relate to the detention of a
person found on a ship or aircraft detained under section 185 and expressly
clarify the nature of the powers an officer may exercise in relation to such
persons.
9. New subsection 185(3AAA) provides that any restraint on the
liberty of any person found on ship or aircraft detained by an officer under
section 185 is not unlawful.
10. It also provides that civil or
criminal proceedings in respect of such a restraint may not be instituted or
continued in any court against the Commonwealth, the officer or any person
assisting the officer in detaining the ship or aircraft.
11. New
subsection 185(3AAB) makes it clear that nothing in new subsection 185(3AAA) is
intended to affect the jurisdiction of the High Court under section 75 of the
Constitution.
12. If an officer detains a ship or aircraft under section
185, the officer may under new subsection 185(3A):
• detain any
person found on the ship or aircraft and bring the person, or cause the person
to be brought, to the migration zone (within the meaning of the Migration Act);
or
• take the person, or cause the person to be taken, to a
“place outside Australia”.
13. The definition of
“place outside Australia” in subsection 4(1) of the Customs Act does
not apply for the purposes of new paragraph 185(3A)(b).
14. For the
purposes of moving a person under new subsection 185(3A), an officer may do any
of the things set out in new subsection 185(3AA) within or outside Australia.
These things are:
• place the person on a ship or aircraft;
or
• restrain the person on a ship or aircraft; or
• remove
the person from a ship or aircraft.
15. New subsection 185(3AB) provides
that civil or criminal proceedings may not be instituted or continued in respect
of any action taken under new subsection 185(3AA) against the Commonwealth, an
officer or any person assisting any officer. This is the case as long as the
officer, or any person assisting an officer, who took the action acted in good
faith and used no more force than was authorised by subsection 185(3B).
Item 4 After section 185A
16. This item inserts new
sections 185AA and 185AB into the Customs Act. These provisions introduce a
search power in relation to people on certain ships or aircraft and a power to
return people to a ship detained under section 185.
Section
185AA Searches of people on certain ships or aircraft
17. New
subsection 185AA(1) allows a person, his or her clothing and any property under
the immediate control of the person to be searched, without a warrant. This
power to search a person only extends to a person who:
• is on
a ship or aircraft that has been detained under subsection 185(3);
or
• has been placed on a ship or aircraft under new subsection
185(3AA).
18. The purpose for which the new search power may be
exercised is set out in new subsection 185AA(2). It provides that a search may
be conducted under new section 185AA to find out whether a person is carrying,
or there is hidden on a person, in his or her clothing or in his or her
property, a weapon or other thing capable of being used to inflict bodily injury
or to help the person to escape.
19. The note highlights that Division
1B of Part X11 of the Customs Act provides search powers in respect of certain
persons suspected of unlawfully carrying prohibited goods.
20. If a
weapon or other thing referred to in new subsection 185AA(2) is found in the
course of a search, new subsection 185AA(3) allows an officer
to:
• take possession of the weapon or other thing;
and
• retain the weapon or other thing for such time as he or she
thinks necessary for the purposes of this Act.
21. New subsection
185AA(4) makes it clear that the new search power is only a pat-down search
power. In other words, new section 185AA does not authorise an officer, or
another person conducting a search pursuant to new subsection 185AA(5), to
remove a person’s clothing or to require a person to remove his or her
clothing.
22. However, new subsection 185AA(4) does permit the removal
of a person’s outer garments (including but not limited to the
person’s overcoat, coat, jacket, gloves, shoes and head covering).
23. New subsection 185AA(5) imposes a same-sex requirement in relation
to the officer or person who conducts a search of a person under new section
185AA.
24. New paragraph 185AA(5)(a) provides that a search of a
person must be conducted by an officer of the same sex as the person.
25. New paragraph 185AA(5)(b) provides for a case where an officer of
the same sex as the person to be searched is not available to conduct the
search. It allows any other person, who is of the same sex as the person to be
searched, to conduct the search if requested by an officer and that person
agrees.
26. New subsection 185AA(6) provides that an action or
proceeding (whether civil or criminal) does not lie against a person who, at the
request of an officer, conducts a search under new section 185AA. This is the
case as long as the person acts in good faith and does not contravene new
subsection 185AA(7).
27. Under new subsection 185AA(7), an officer or
other person who conducts a search under new section 185AA must not use more
force, or subject a person to greater indignity, than is reasonably necessary in
order to conduct the search.
28. New subsection 185AA(8) provides a
definition of “officer” for the purposes of new section 185AA. In
new section 185AA, “officer” means an officer within the meaning of
section 185.
Section 185AB Returning persons to
ships
29. New section 185AB introduces a new power to return a person
to a ship detained under section 185 of the Act.
30. Under new
subsection 185AB(1), an officer, or a person assisting an officer, may return to
a ship that is detained under section 185 a person who:
• was on
the ship when it was initially detained under section 185; and
• later
leaves the ship.
31. Reasonable means, including reasonable force, may
be used by the officer or another person for the purpose of returning a person
to the ship.
32. However, under new subsection 185AB(2), a person may
only be returned to a ship under new subsection 185AB(1) if the officer or
person assisting is satisfied that it is safe to return the person to the ship.
33. New subsection 185AB(3) provides a definition of
“officer” for the purposes of new section 185AB. In new section
185AB, “officer” means an officer within the meaning of section
185.
Item 5 At the end of section 185B
34. This item
inserts new subsection 185B(9) into the Customs Act.
35. In summary,
section 185B provides a power to move or destroy a ship if it is unseaworthy,
poses a serious risk to navigation, quarantine, safety or public health or poses
an environmental risk.
36. New subsection 185B(9) provides a definition
of “officer” for the purposes of section 185B. In new section 185B,
“officer” means an officer within the meaning of section 4 of the
Customs Act and includes a member of the ADF.
SCHEDULE 2 –
Amendment of the Migration Act 1958
Item 1 Subsection 5(1)
(subparagraph (b)(v) of the definition of immigration detention)
37. This item amends the definition of “immigration
detention” in subsection 5(1) of the Migration Act.
38. The
amendment makes it clear that “immigration detention” does not
include being restrained as described in new subsection 245F(8A) or being dealt
with under new paragraph 245F(9)(b).
39. New subsection 245F(8A) and new
paragraph 245F(9)(b) are inserted into the Migration Act by item 8 of this
Schedule.
Item 2 After section 7
40. This item inserts new section 7A
into the Migration Act.
Section 7A Effect on executive power to
protect Australia’s borders
41. New section 7A makes it clear
that the statutory powers in the Migration Act do not prevent the exercise of
any executive power of the Commonwealth to protect Australia’s borders.
Protecting Australia’s border includes ejecting, where necessary, persons
who have crossed those borders.
42. This item inserts a note at the end of section 232A of the Migration Act.
In summary, section 232A makes it an offence to organise or facilitate the
bringing or coming to Australia of a group of 5 or more
non-citizens.
43. The note highlights that new sections 233B and 233C
limit conviction and sentencing options for offences under section 232A. New
sections 233B and 233C are inserted into the Migration Act by item 5 of this
Schedule.
Item 4 At the end of section 233A
44. This item
inserts a note at the end of section 233A of the Migration Act. In summary,
section 233A makes it an offence to give an official forged or false documents
or false or misleading information in connection with the entry, or proposed
entry, of a group of 5 or more non-citizens.
45. The note highlights
that new sections 233B and 233C limit conviction and sentencing options for
offences under section 233A. New sections 233B and 233C are inserted into the
Migration Act by item 5 of this Schedule.
Item 5 After section
233A
46. This item inserts new sections 233B and 233C into the
Migration Act. The purpose of the new sections is to limit conviction and
sentencing operation for the people smuggling offences in the Migration Act.
47. New section 233B provides that a court may not make an order under
section 19B of the Crimes Act 1914 in respect of a charge for an offence
under section 232A or 233A of the Migration Act. In summary, section 19B allows
a court to discharge offenders without proceeding to conviction.
48. However, an order under section 19B may be made by the court if it
is established, on the balance of probabilities, that the person was aged under
18 years at the time when the offence is alleged to have been committed.
Section 233C Mandatory penalties for certain
offences
49. New subsection 233B(1) applies if a person is convicted
of an offence under section 232A or 233A of the Migration Act. However, it does
not apply if it is established, on the balance of probabilities, that the person
was aged under 18 years at the time when the offence is alleged to have been
committed.
50. In summary, section 232A makes it is an offence to
organise or facilitate the bringing or coming to Australia of a group of 5 or
more non-citizens.
51. In summary, section 233A makes it is an offence
to give an official forged or false documents or false or misleading information
in connection with the entry or proposed entry of a group of 5 or more
non-citizens.
52. New subsection 233C(2) sets out the sentence of
imprisonment that must be imposed by a court where a person is convicted of an
offence under section 232A or 233A. The sentence of imprisonment is:
• 8 years if the conviction is for a “repeat offence”;
or
• 5 years in any other case.
53. New subsection 233C(3) sets out the “non-parole period” that a court must set where a person is convicted of an offence under section 232A or 233A. The “non-parole period” is:
• 5 years if the conviction is for a “repeat offence”;
or
• 3 years in any other case.
54. Under new subsection 233C(4), “non-parole period” has the
same meaning as it has in Part 1B of the Crimes Act 1914.
55. “Repeat offence” is also defined in new subsection
233C(4). A person’s conviction for an offence is for a “repeat
offence” if, on a previous occasion (whether before or after the
commencement of this section), a court:
• has convicted the person of another offence against section 232A
or 233A; or
• has found, without recording a conviction, that the
person had committed another such offence.
Item 6 At the end of section 245B
56. This item adds new
subsection 245B(11) into the Migration Act.
57. New subsection 245B(11)
clarifies the meaning of certain phrases used in existing section 245B which
provides a general power to request to board a ship in certain circumstances.
It provides that:
• a reference to the “commander of a
Commonwealth ship or Commonwealth aircraft” includes a reference to a
“commissioned officer of the ADF”; and
• a reference to a
“member of the commander’s crew” includes, in relation to a
“commissioned officer of the ADF”, a reference to a person under the
command of the commissioned officer.
58. “Commissioned officer of
the ADF” is also defined in new subsection 245B(11) and means an officer
within the meaning of the Defence Act 1903.
Item 7 Subsection
245F(8)
59. This item amends subsection 245F(8) of the Migration
Act.
60. Existing subsection 245F(8) allows an officer (as defined in
subsection 245F(18)) to detain, in certain circumstances, a ship or aircraft and
bring it, or cause it to be brought, to a port or other place that he or she
considers appropriate.
61. The amendment to subsection 245F(8) makes it
clear that “another place” includes a place within the territorial
sea (as defined in subsection 245A) or the contiguous zone (as defined in
subsection 245A) in relation to Australia.
Item
8 Subsection 245F(9)
62. This item repeals existing subsection
245F(9) and substitutes new subsections 245F(8A) to 245F(9B) into the Migration
Act.
63. These new provisions relate to the detention of a person found
on a ship or aircraft detained under section 245F and expressly clarify the
nature of the powers an officer may exercise in relation to such persons.
64. New subsection 245F(8A) provides that any restraint on the liberty
of any person found on ship or aircraft detained by an officer under section
245F is not unlawful.
65. It also provides that civil or criminal
proceedings in respect of such a restraint may not be instituted, or continued,
in any court against the Commonwealth, the officer or any person assisting the
officer in detaining the ship or aircraft.
66. New subsection 245F(8B)
makes it clear that nothing in new subsection 245F(8A) is intended to affect the
jurisdiction of the High Court under section 75 of the Constitution.
67. If an officer detains a ship or aircraft under section 245F, the
officer may under new subsections 245F(9):
• detain any person
found on the ship or aircraft and bring the person, or cause the person to be
brought, to the migration zone; or
• take the person, or cause the
person to be taken, to a place outside Australia.
68. For the purposes
of moving a person to a place outside Australia under new subsection 245F(9), an
officer may do any of the things set out in new subsection 245F(9A). These
things are:
• place the person on a ship or aircraft;
or
• restrain the person on a ship or aircraft; or
• remove
the person from a ship or aircraft.
69. New subsection 245F(9B) provides
that civil or criminal proceedings may not be instituted or continued in respect
of any action taken under new subsection 245F(9A) against the Commonwealth, an
officer or any person assisting an officer. This is the case as long as the
officer, or any person assisting an officer, who took the action acted in good
faith and used no more force than was authorised by subsection 245F(10).
Item 9 After section 245F
70. This item inserts new
sections 245FA and 245FB into the Migration Act. These provisions introduce a
search power in relation to people on certain ships or aircraft and a power to
return people to a ship detained under section 245F.
Section
245FA Searches of people on certain ships or aircraft
71. New
section 245FA is modelled on existing section 252 of the Migration Act, which
broadly allows for the search of certain persons.
72. New subsection
245FA(1) allows a person, his or her clothing and any property under the
immediate control of the person to be searched, without a warrant. This power
to search a person only extends to a person who:
• is on a ship or
aircraft that has been detained under new subsection 245F(8); or
• has
been placed on a ship or aircraft under new subsection 245F(9A).
73. This new search power does not apply in relation to a person who is
in immigration detention. Division 13 of Part 2 of the Migration Act provides
search powers in relation to immigration detainees.
74. The purpose for
which the new search power may be exercised is set out in new subsection
245FA(2). It provides that a search may be conducted under new section 245FA
to find out whether a person is carrying, or there is hidden on a person, in his
or her clothing or in his or her property, a weapon or other thing capable of
being used to inflict bodily injury or to help the person to escape.
75. If a weapon or other thing referred to in new subsection 245FA(2) is
found in the course of a search, new subsection 245FA(3) allows an officer
to:
• take possession of the weapon or other thing;
and
• retain the weapon or other thing for such time as he or she
thinks necessary for the purposes of this Act.
76. New subsection
245FA(4) makes it clear that the new search power is only a frisk or pat-down
search power. In other words, new section 245FA does not authorise an officer,
or another person conducting a search pursuant to new subsection 245FA(5), to
remove a person’s clothing or to require a person to remove his or her
clothing.
77. However, new subsection 245FA(4) does permit the removal
of a person’s outer garments (including but not limited to the
person’s overcoat, coat, jacket, gloves, shoes and head covering).
78. New subsection 245FA(5) imposes a same-sex requirement in relation
to the officer or person who conducts a search of a person under new section
245FA.
79. New paragraph 245FA(5)(a) provides that a search of a
person must be conduct by an officer of the same sex as the person.
80. New paragraph 245FA(5)(b) provides for a case where an officer of
the same sex as the person to be searched is not available to conduct the
search. It allows any other person, who is of the same sex as the person to be
searched, to conduct the search if requested by an officer.
81. New
subsection 245FA(6) provides that an action or proceeding (whether civil or
criminal) does not lie against a person who, at the request of an officer,
conducts a search under new section 245FA. This is the case as long as the
person acts in good faith and does not contravene new subsection 245FA(7).
82. Under new subsection 245FA(7), an officer or other person who
conducts a search under new section 245FA must not use more force, or subject a
person to greater indignity, than is reasonably necessary in order to conduct
the search.
83. New subsection 245FA(8) provides a definition of
“officer” for the purposes of new section 245FA. In new section
245FA, “officer” means an officer within the meaning of section 5
and includes a member of the ADF.
Section 245FB Returning persons
to ships
84. New section 245FB introduces a new power to return a
person to a ship detained under section 245F of the Migration Act.
85. Under new subsection 245FB(1), an officer, or a person assisting an
officer, may return to a ship that is detained under section 245F a person
who:
• was on the ship when it was initially detained under section
245F; and
• later leaves the ship.
86. Reasonable means,
including reasonable force, may be used by the officer or another person for the
purpose of returning a person to the ship.
87. However, under new
subsection 245FB(2), a person may only be returned to a ship under new
subsection 245FB(1) if the officer or person assisting is satisfied that it is
safe to return the person to the ship.
Item 10 At the end of section
245H
88. This item inserts new subsection 245H(8) into the Migration
Act.
89. In summary, section 245H provides a power to move or destroy a
ship if it is unseaworthy, poses a serious risk to navigation, quarantine,
safety or public health or poses an environmental risk.
90. New
subsection 245H(8) provides a definition of “officer” for the
purposes of section 245H. In new section 245H, “officer” means an
officer within the meaning of section 5 and includes:
• a member of the
ADF; and
• any other person who is an officer within the meaning of
section 245F in relation to the ship concerned.