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Maritime Powers Act 2013
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Administered by
Department of Home Affairs
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C2017C00123 C06
05 April 2017
-
07 November 2025
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Part 1—Introduction
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Division 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Application of Act
5 Effect on executive power
6 Relationship to other laws
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Division 2—Guide to this Act
7 Guide to this Act
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Division 3—Definitions
8 Definitions
9 Involved in a contravention
10 Actionable contraventions—aircraft
11 Continuous exercise of powers
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Division 4—International agreements and decisions
12 When international agreements and decisions apply
13 Treating foreign vessels as Australian vessels
14 Applying Australian law in other places
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Part 2—Exercising powers
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Division 1—Introduction
15 Guide to this Part
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Division 2—Authorising the exercise of maritime powers
16 Authorising officers
17 Contraventions
18 Monitoring laws
19 International agreements and decisions
20 Evidential material and warrants
21 Identifying vessels and aircraft
22 Seizable transit goods—aircraft
22A Failure to consider international obligations etc. does not invalidate authorisation
22B Rules of natural justice do not apply to authorisations
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Division 3—Authorisations and approvals
23 When authorisations are in force
24 When approvals lapse
25 Form of authorisations and approvals
26 Further authorisations and approvals
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Division 4—Exercising powers
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Subdivision A—Effect of Division
27 Effect of Division
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Subdivision B—Exercising powers without authorisation
28 Identifying aircraft
29 Ensuring safety
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Subdivision C—Exercising powers with authorisation
30 Authorisation required
31 Exercising powers for authorised purpose
32 Exercising powers for other purposes
33 Additional powers and limitations under international agreements and decisions
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Subdivision D—Scope of power
34 Scope of power—vessels, installations, aircraft and protected land areas
35 Warrants not required
36 Enforcing warrants
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Subdivision E—Using force and assistance
37 Using force
38 Requesting assistance
39 Requiring assistance
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Division 5—Geographical limits
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Subdivision A—Exercising powers in other countries
40 Exercising powers in other countries
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Subdivision B—Exercising powers between countries
41 Foreign vessels between countries
42 Meaning of chased without interruption
43 Foreign installations between countries
44 Foreign aircraft between countries
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Subdivision C—Exercising powers in Australia
45 Foreign vessels in Australia—evidence and warrants authorisations
46 Vessels, installations and isolated persons in States and internal Territories
47 Aircraft in States and internal Territories
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Subdivision D—Requests and agreements of other countries
48 Manner and form of requests and agreements
49 Scope of powers under requests and agreements
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Part 3—Maritime powers
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Division 1—Introduction
50 Guide to this Part
51 Effect of Part
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Division 2—Boarding
52 Boarding vessels, installations and aircraft
53 Requirement to facilitate boarding
54 Additional powers—vessels
55 Additional powers—aircraft
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Division 3—Entering on land
56 Entering on land
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Division 4—Obtaining information
57 Requiring answers, records and documents
58 Obtaining readings
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Division 5—Searching
59 Searching places
60 Lifting persons or things from the sea
61 Searching persons
62 Conducting frisk searches
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Division 6—Things found or produced
63 Examining things
64 Securing and marking things
65 Copying records or documents
66 Securing weapons
67 Seizing things
68 Retaining things
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Division 7—Detaining vessels, aircraft and other conveyances
69 Vessels and aircraft
69A Additional provisions relating to taking a vessel or aircraft to a destination under section 69
70 Other conveyances
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Division 8—Placing and moving persons
71 Placing persons
72 Persons on detained vessels and aircraft
72A Additional provisions relating to taking a person to a destination under subsection 72(4)
73 Using detention provisions
74 Safety of persons
75 Restraint is not arrest
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Division 8A—General provisions relating to powers under Divisions 7 and 8
75A Failure to consider international obligations etc. does not invalidate exercise of powers
75B Rules of natural justice do not apply to exercise of powers
75C Additional provisions about destination to which a vessel, aircraft or person may be taken
75D Exercising powers between countries
75E Powers are not limited by the Migration Act 1958
75F Minister may give directions about exercise of powers
75G Compliance with directions
75H Certain maritime laws do not apply to certain vessels detained or used in exercise of powers
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Division 9—Arrest
76 Arrest for indictable offences
77 Enforcing arrest warrants
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Division 10—Requiring conduct to cease
78 Requiring conduct to cease
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Part 4—Dealing with things taken
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Division 1—Introduction
79 Guide to this Part
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Division 2—Notice of seizure, retention or detention
80 Notice of seizure, retention or detention
81 Information about the return of things
82 Notice of Commonwealth ownership
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Division 3—Using seized things
83 Using seized things
84 Using seized things—State and Territory officers
85 Operating electronic equipment
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Division 4—Returning things
86 Returning seized things
87 Returning retained and detained things
88 Magistrate may extend holding period
89 Returning things if notice of Commonwealth ownership given
90 Seizing under other Australian laws
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Division 5—Disposing of things
91 Reasons for disposal
92 Methods of disposal
93 Notice of disposal
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Part 5—Dealing with persons held
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Division 1—Introduction
94 Guide to this Part
95 Treatment of persons held
96 Doing things as soon as practicable
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Division 2—Persons detained
98 Persons detained under detention provisions
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Division 3—Persons arrested
99 Application of this Division
100 Person to be informed of reason for arrest
101 Person to be brought before magistrate
102 Enforcing arrest warrants
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Part 6—Failing to comply with requirements
103 Offence
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Part 7—Miscellaneous
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Division 1—Maritime officers
104 Maritime officers
105 Carrying and using arms
106 Identity cards
107 Protection from suit
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Division 2—Evidentiary certificates
108 Evidence of international agreements and decisions
109 Evidence of approvals
110 Evidence of requests and agreements—geographical limits on exercise of powers
111 Certificates are prima facie evidence
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Division 3—Recovery of costs
112 Chase costs
113 Seizure costs
114 Liability to pay costs is a debt to the Commonwealth
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Division 4—Gathering and sharing information
115 Copying records or documents for other purposes
116 Sharing information
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Division 5—Compensation for acquisition of property
117 Compensation for acquisition of property
118 Compensation for damage to documents
119 Compensation for damage to equipment
120 Amount of compensation—proceedings
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Division 6—Delegation and regulations
121 Delegation
122 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
