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MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 55 Additional powers--aircraft

MARITIME POWERS ACT 2013 (NO. 15, 2013) - SECT 55

Additional powers--aircraft

Identifying

             (1)  A maritime officer may require the person in charge of an aircraft to disclose any or all of the following to the officer:

                     (a)  the identity of the aircraft;

                     (b)  the identity of all persons on the aircraft;

                     (c)  the flight path of the aircraft;

                     (d)  the flight plan of the aircraft.

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

             (2)  The requirement may be made by any reasonable means.

             (3)  The requirement is made whether or not the person in charge of the aircraft understands or is aware of the requirement.

             (4)  The powers in subsection (1) are aircraft identification powers .

Intercepting

             (5)  A maritime officer who is on board an aircraft may use his or her aircraft to intercept another aircraft.

             (6)  The interception must be in accordance with the practices recommended in Annex 2 (headed "Rules of the Air") to the Convention on International Civil Aviation done at Chicago on 7 December 1944 (that was adopted in accordance with that Convention).

Note:          The text of the Convention is set out in Australian Treaty Series 1957 No. 5 ([1957] ATS 5). In 2013, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Landing

             (7)  A maritime officer may require the person in charge of an aircraft to land the aircraft:

                     (a)  at the nearest airport in Australia; or

                     (b)  at another place in Australia that the officer considers appropriate.

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

             (8)  A maritime officer must have regard to the safety of the aircraft when making a requirement under subsection (7).