Commonwealth Consolidated Acts

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CUSTOMS ACT 1901 - SECT 194

Ships on service may be moored in any place

  (1)   The officer in charge of a ship employed in the service of the Australian Border Force (within the meaning of the Australian Border Force Act 2015 ) may:

  (a)   moor, or haul up and moor, the ship to:

  (i)   any part of the coast or the shores, banks or beaches of any port, bay, harbour, lake or river; or

  (ii)   any man - made structure at or in any of the places mentioned in subparagraph   (i); or

  (iii)   any man - made structure anywhere in the territorial sea of Australia, the contiguous zone of Australia, or the exclusive economic zone of Australia; and

  (b)   remain at the mooring as long as the officer considers necessary.

  (2)   A person commits an offence if:

  (a)   the person is an owner, occupier or operator of any of the places mentioned in paragraph   (1)(a); and

  (b)   the person does not provide the officer with all reasonable facilities and assistance that the person is reasonably capable of providing; and

  (c)   the person does not do so in circumstances where the officer is exercising, or attempting to exercise, his or her powers under this section.

Penalty:   30 penalty units.



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