Australian Coast Guard Bill 2001
First Reading
Australian Coast Guard Bill 2001
First Reading
Download RTF 1998-1999-2000-2001
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Coast Guard Bill 2001
(Mr Beazley)
A Bill for an Act to establish the Australian Coast Guard, and for related purposes
Contents
1 Short title 1
2 Commencement 1
3 Interpretation 2
4 Establishment and constitution of the Coast Guard 3
5 Laws conferring powers on officers 3
6 Arming of the Coast Guard 5
7 Regulations 5
A Bill for an Act to establish the Australian Coast Guard, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the
Australian Coast Guard Act 2001.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) A Proclamation for the purposes of subsection (1) must not be made unless the Parliament has:
(i) appropriated funds for the purposes of this Act; and
(ii) passed the resolutions as provided in section 4(2) and section 6(2).
In this Act, unless the contrary intention appears:
coastal area means the area comprising the waters of:
(a) the territorial sea of Australia; and
(b) the sea on the landward side of the territorial sea of Australia and not within the limits of a State or an internal Territory.
constable includes a member of the police force of a State or Territory.
contiguous zone, in relation to Australia, means the contiguous zone within the meaning of the Seas and Submerged Lands Act 1973, adjacent to the coast of Australia.
exclusive economic zone, in relation to Australia, has the same meaning as in the Seas and Submerged Lands Act 1973.
member of the Australian Federal Police includes a special member of the Australian Federal Police, within the meaning of the Australian Federal Police Act 1979.
officer means an officer of the Australian Coast Guard.
customs officer means an officer as defined in the Customs Act 1901.
fisheries officer means an officer as defined in the Fisheries Management Act 1991.
migration officer means an officer as defined in the Migration Act 1958.
officer of police includes a member of the police force of a State or Territory and a member of the Australian Federal Police.
territorial sea, in relation to Australia, means the territorial sea area whose outer limits are from time to time specified in a Proclamation made by the Governor-General for the purposes of section 7 of the Seas and Submerged Lands Act 1973.
Back to Top (1) This Act establishes a maritime police agency named the Australian Coast Guard.
(2) The command, employment and administrative arrangements of the Australian Coast Guard are to be those set out in resolutions passed by each House of the Parliament.
(3) The functions of the Australian Coast Guard include:
(a) the provision of border protection and police services upon Australia's coastal area, contiguous zone and exclusive economic zone in relation to:
(i) laws of the Commonwealth; and
(ii) property of the Commonwealth (including Commonwealth places) and property of authorities of the Commonwealth; and
(iii) the safeguarding of Commonwealth interests; and
(b) all of the functions previously undertaken by the Coastwatch arm of the Australian Customs Service, including surveillance of Australia's coastal area, contiguous zone and exclusive economic zone; and
(c) coordination of search and rescue operations in maritime zones which fall under the responsibility of Australia; and
(d) response to oil spills and other environmental incidents upon Australia's coastal area, contiguous zone and exclusive economic zone; and
(e) other functions as prescribed.
(4) In times of war, the Australian Coast Guard will come under the direct command of the Australian Defence Force.
(1) In addition to any other powers and duties, an officer has:
(a) the powers and duties in relation to search and seizure; pursuit, boarding, detention and transfer of aircraft and ships; and questioning, detention, transfer and arrest of persons that are conferred or imposed by or under a law of the Commonwealth on members of the Australian Federal Police under all Commonwealth legislation; and
(b) the powers and duties in relation to search and seizure; pursuit, boarding detention and transfer of aircraft and ships; and questioning, detention, transfer and arrest of persons that are conferred or imposed under the Customs Act 1901 on customs officers;
(c) the powers and duties in relation to search and seizure; pursuit boarding, detention and transfer of aircraft and ships; and questioning, detention, transfer and arrest of persons that are conferred or imposed under the Fisheries Management Act 1991 on fisheries officers;
(d) the powers and duties in relation to search and seizure; pursuit, boarding, detention and transfer of aircraft and ships; and questioning, detention, transfer and arrest of persons that are conferred or imposed under the Migration Act 1958 on migration officers; and
(e) in relation to the following:
(i) the laws of the Commonwealth;
(ii) matters in connection with property of the Commonwealth or of an authority of the Commonwealth;
(iii) matters arising on or in connection with land or premises owned or occupied by the Commonwealth or an authority of the Commonwealth;
(iv) the safeguarding of Commonwealth interests;
the powers and duties that are conferred or imposed, in the place in which the officer is acting, on a constable or an officer of police.
(2) Where any provisions of a law of a State apply in relation to offences against the laws of the Commonwealth or of a Territory, those provisions so apply as if any reference in those provisions to a constable or to an officer of police included a reference to an officer.
(3) Officers will have other powers and duties as are prescribed.
(1) The vessels, aircraft and officers of the Australian Coast Guard will be armed.
(2) Conditions relating to the weapons and equipment used by the Australian Coast Guard are to be those set out in resolutions passed by each House of the Parliament.
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
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