Going to Court? Book Your Free First Appointment

Section 184A Customs Act 1901
Power to Board a Ship

Last updated on
Information on this page was reviewed by a specialist defence lawyer before being published. Click to read more.

Section 184A of the Customs Act 1901 (Cth) deals with Power to Board a Ship and is extracted below.

Our exceptional criminal lawyers are vastly experienced and highly successful in defending Customs Act cases.

Call us today on (02) 9261 8881 for a free first appointment.

The Legislation

184A Power to board a ship

General power to board a ship

(1) In the circumstances described in subsection (2), (3), (4), (4A), (5), (6), (7), (8) or (9), an officer (within the meaning of section 185) may board a ship.

Note: Sections 185 and 185A give further powers related to boarding a ship.

Foreign ships in Australian waters

(2) The officer may board a ship if:
(a) the ship is a foreign ship; and
(b) the ship is on the landward side of the outer edge of Australia’s territorial sea; and
(c) either:
(i) the boarding would be for the purposes of this Act or an Act prescribed by the regulations for the purposes of this Subdivision, or for the purposes of determining whether a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code is occurring; or
(ii) the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia of section 72.13 or Division 307 of the Criminal Code.

Australian ships outside territorial seas of other countries

(3) The officer may board a ship if:
(a) the ship is an Australian ship; and
(b) the ship is outside the territorial sea of any foreign country.
However, this subsection does not apply if the ship may be boarded under subsection (9).

Foreign ships in contiguous zone

(4) The officer may board a ship if:
(a) the ship is a foreign ship; and
(b) the ship is in the contiguous zone of Australia; and
(c) the commander of a Commonwealth ship or Commonwealth aircraft:
(i) wishes to establish the identity of the ship; or
(ii) reasonably suspects that the ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations for the purposes of this Subdivision.

Foreign ships near installations

(4A) The officer may board a ship if:
(a) the ship is a foreign ship; and
(b) the ship is within 500 metres of an Australian resources installation or Australian sea installation (the 500 metre zone); and
(c) the commander of a Commonwealth ship or Commonwealth aircraft:
(i) wishes to establish the identity of the ship; or
(ii) reasonably suspects that the ship is, will be or has been involved in a contravention, or an attempted contravention, in the 500 metre zone of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations for the purposes of this Subdivision.

Mother ships on high seas supporting contraventions in Australia

(5) The officer may board a ship if:
(a) the ship is a foreign ship; and
(b) the ship is:
(i) outside the outer edge of the contiguous zone of Australia; and
(iii) outside the territorial sea of a foreign country; and
(c) the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is being or was used in direct support of, or in preparation for, a contravention in Australia of this Act, section 72.13 or Division 307 of the Criminal Code or an Act prescribed by the regulations for the purposes of this Subdivision, where the contravention involves another ship (whether a foreign ship or an Australian ship); and
(d) the boarding occurs as soon as practicable after the contravention happens.

Suspicious foreign ships in EEZ

(6) The officer may board a ship if:
(a) the ship is a foreign ship; and
(b) the ship is in the exclusive economic zone of Australia; and
(c) the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is, will be or has been involved in a contravention, or an attempted contravention, in Australia’s exclusive economic zone of an Act prescribed by the regulations for the purposes of this Subdivision.

Mother ships on high seas supporting contraventions in EEZ

(7) The officer may board a ship if:
(a) the ship is a foreign ship; and
(b) the ship is:
(i) outside the outer edge of the exclusive economic zone of Australia; and
(iii) outside the territorial sea of a foreign country; and
(c) the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is being or was used in direct support of, or in preparation for, a contravention in Australia’s exclusive economic zone of an Act prescribed by the regulations for the purposes of this Subdivision, where the contravention involves another ship (whether a foreign ship or an Australian ship); and
(d) the boarding occurs as soon as practicable after the contravention happens.

Foreign ships on high seas and covered by an agreement etc.

(8) The officer may board a ship if:
(a) the ship is:
(i) outside the outer edge of the contiguous zone of Australia; and
(ii) outside the territorial sea of a foreign country; and
(b) the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is a foreign ship that is entitled to fly the flag of a country; and
(c) Australia has an agreement or arrangement with that country which enables the exercise of Australian jurisdiction over ships of that country.
However, this subsection does not apply if the ship may be boarded under subsection (4A), (5), (6) or (7).

Ships without nationality on high seas

(9) The officer may board a ship if:
(a) the ship is outside the territorial sea of a foreign country; and
(b) any of the following applies:
(i) the ship is not flying a flag of a country;
(ii) the ship is flying a flag of a country and the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is not entitled to fly that flag;
(iii) the commander of a Commonwealth ship or Commonwealth aircraft reasonably suspects that the ship is not entitled to fly the flag of a country or has been flying the flag of more than one country; and
(c) the commander of a Commonwealth ship or Commonwealth aircraft wishes to establish the identity of the ship.
However, this subsection does not apply if the ship may be boarded under subsection (4A), (5), (6), (7) or (8).

Master must facilitate boarding

(12) The master of a ship must facilitate, by all reasonable means, the boarding of the master’s ship under this section (apart from subsection (9)).

Penalty: Imprisonment for 2 years.

Note: The powers related to boarding under section 185 or 185A may still be exercised even though the master has not facilitated the boarding of his or her ship under this section.

(13) Subsection (12) does not apply if the master has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (13) (see subsection 13.3(3) of the Criminal Code).

(14) In this section:
commander, in relation to a Commonwealth ship or Commonwealth aircraft, includes a reference to the following:
(a) a commissioned officer of the Australian Defence Force;
(b) the most senior officer of Customs on board the ship or aircraft;
(c) a warrant officer of the Australian Defence Force;
(d) a non commissioned officer of the Australia Defence Force.

commissioned officer of the Australian Defence Force means an officer within the meaning of the Defence Act 1903.

non commissioned officer of the Australian Defence Force means a non commissioned officer within the meaning of the Defence Force Discipline Act 1982.

warrant officer of the Australian Defence Force means a sailor, soldier or airman who holds the rank of warrant officer.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

    Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.

    Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.

    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

    We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.

    We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.

  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

    The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.

  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

    We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.

    Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.

  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

    We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.

  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

    This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.

  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

    Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.

    Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.

  9. Results-Focused Law Firm

    Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.

    The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.

    Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.

    No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.

    The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.

  10. Team of Lawyers Behind You

    Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.

    Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.

    A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.

    In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.

  11. Familiar with Magistrates and Judges

    Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.

    Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.

  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

Going to Court? Call For Your Free First Appointment

Main Menu

Follow Us

Ask Our AI Assistant

Disclaimer: Response is AI generated general advice only and should not be relied upon without consulting a lawyer.

Saved Articles & Pages

APPOINTMENT BOOKING FORM

Preferred date for conference
Briefly describe your situation:
Do you have a court date?

Your Review & Rating * mandatory fields

Review Text *
Rating (optional)