Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 87HA

Foreign boats in Australia or Australian waters after contraventions on the high seas

             (1)  An officer may exercise powers under section 84 in relation to a foreign boat (and the master of the boat, a person on the boat and a thing on the boat) in the AFZ, Australia or an external Territory if:

                     (a)  the officer has reasonable grounds to believe that the boat is on a fishing trip; and

                     (b)  the officer has reasonable grounds to believe that, during the fishing trip, the boat was used on the high seas in contravention of a measure established by an international fisheries management organisation; and

                     (c)  the exercise of the powers in relation to the boat has been authorised by the appropriate authority of the country of nationality of the boat.

Foreign boats on the high seas

             (2)  An officer may exercise powers under section 84 in relation to a foreign boat (and the master of the boat, a person on the boat and a thing on the boat) on the high seas if:

                     (a)  the officer has reasonable grounds to believe the boat has been used, is being used, or is intended to be used, for fishing; and

                     (b)  the exercise of the powers in relation to the boat has been authorised by the appropriate authority of the country of nationality of the boat.

Foreign boats in foreign countries or foreign waters

             (3)  An officer may exercise powers under section 84 in relation to a foreign boat (and the master of the boat, a person on the boat and a thing on the boat) at a place in a foreign country or in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country if:

                     (a)  the boat was brought or taken to the place:

                              (i)  as a result of a requirement made by an officer under paragraph 84(1)(k) or (l) in the exercise of powers under subsection (1) or (2); or

                             (ii)  by an officer under paragraph 84(1)(m) in the exercise of powers under subsection (1) or (2); and

                     (b)  the exercise of the powers in relation to the boat has been authorised by:

                              (i)  the appropriate authority of the country of nationality of the boat; and

                             (ii)  if the boat is at a place in a foreign country or in the territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of a foreign country--the appropriate authority of that country.

Applying section 84

             (4)  For the purposes of subsections (1) to (3), section 84 applies:

                     (a)  as if:

                              (i)  a reference to the AFZ included a reference to the high seas; and

                             (ii)  a reference to Australia or an external Territory included a reference to a foreign country, including the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of that country; and

                            (iii)  a reference to a fishing concession, or a fishing concession under this Act, included a reference to an authorisation to fish (however described) issued by a foreign country or an international fisheries management organisation; and

                            (iv)  a reference to an offence against subsection 95(2) included a reference to an offence against section 105E, 105EA, 105F, 105FA, 105H or 105I; and

                     (b)  as affected by:

                              (i)  other provisions of this Act; or

                             (ii)  regulations made for the purposes of section 84 or any other provision of this Act.

Regulations may prescribe procedural requirements

             (5)  In exercising powers under subsections (1) to (3), an officer must follow the procedures (if any) prescribed by the regulations.

             (6)  The regulations may prescribe different procedures for the exercise of powers in relation to:

                     (a)  boats of different nationalities; or

                     (b)  boats covered by:

                              (i)  different international fisheries management organisations; or

                             (ii)  different international fisheries management measures; or

                     (c)  boats covered by the Fish Stocks Agreement.

Extra-territorial operation of Act

             (7)  This section does not limit:

                     (a)  the extra-territorial operation that section 84 has apart from this section; or

                     (b)  section 87.