Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 1   Amendments relating to maritime powers

Part 1   Main amendments

Maritime Powers Act 2013

15   Subsections 72(3) and (4)

Repeal the subsections, substitute:

(3) A maritime officer may require the person to remain on the vessel or aircraft until whichever of the following occurs first:

(a) the vessel or aircraft is returned to a person referred to in subsection 87(1);

(b) action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

Note: It is an offence to fail to comply with a requirement under this subsection: see section 103.

(4) A maritime officer may detain the person and take the person, or cause the person to be taken, to a place (the destination ).

(4A) The destination may be:

(a) in the migration zone; or

(b) outside the migration zone (including outside Australia).

Note: Section 75C contains additional provisions about the place that may be the destination.

(4B) A maritime officer may change the destination to a different place at any time (including a time after arrival at the place that was previously the destination). If the destination is changed to a different place:

(a) that different place is then the destination; but

(b) this does not affect the exercise of powers under this Act before the change.

Note: It is possible that the destination may change more than once.