Commonwealth Numbered Acts

MIGRATION REFORM ACT 1992 No. 184, 1992 - SECT 17

17. Section 77 of the Principal Act is repealed and the following sections are
substituted: Carriage of concealed persons to Australia

"77.(1) The master, owner, agent and charterer of a vessel are each guilty of
an offence against this section if an unlawful non-citizen is concealed on the
vessel when it arrives in Australia.

"(2) Subsection (1) does not apply to an unlawful non-citizen if the master of
the vessel:

   (a)  as soon as it arrives at a port, gives notice to an officer that the
        non-citizen is on board; and

   (b)  prevents the non-citizen from landing without an officer having had an
        opportunity to question the non-citizen. Penalty: $10,000. Master of
        vessel to comply with certain requests

"77A.(1) The master of a vessel arriving in Australia must comply with any
request by an authorised officer to:

   (a)  give the authorised officer a list of all persons on the vessel and
        prescribed particulars of each of them; or

   (b)  gather together those persons or such of them as are specified by the
        officer; or

   (c)  make sure of the disembarkation from the vessel of those persons or
        such of them as are specified by the officer.

"(2) If:

   (a)  a person is on a vessel that has arrived in Australia; and

   (b)  that person's name is not on a list of persons on the vessel given
        under subsection (1); the person is taken, for the purposes of section
        77, to have been concealed on the vessel when it arrived.".