Section 184C Customs Act 1901 | Failing to Comply with Request to Board Australian Ship


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The Legislation

Section 184C of the Customs Act 1901 (Cth) deals with Failing to Comply with Request to Board Australian Ship and is extracted below.

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184C Power to chase Australian ships for boarding

Australian ships may be chased

(1) To enable the boarding of an Australian ship, the commander of a Commonwealth ship or Commonwealth aircraft may use it to chase, or continue the chase of, the Australian ship to any place outside the territorial sea of a foreign country.

Chase may continue even if the Australian ship is out of sight

(2) A chase under this section may continue even if the crew of all of the Commonwealth ships and Commonwealth aircraft involved in the chase lose sight of the chased ship or lose trace of it from radar or other sensing devices.

Means that may be used to enable boarding of the Australian ship

(3) Anywhere outside the territorial sea of a foreign country, the commander of a Commonwealth ship or Commonwealth aircraft chasing a ship under this section may use any reasonable means to enable boarding of the chased ship, including:

(a) using necessary and reasonable force; and
(b) where necessary and after firing a gun as a signal, firing at or into the chased ship to disable it or compel it to be brought to for boarding; and
(c) where necessary, using a device designed to stop or impede a ship.