the law has been, is being, or is intended to be, contravened on, or in the vicinity of, the vessel, installation, aircraft or land; or

there is some other connection between the vessel, installation, aircraft or land and a contravention, or intended contravention, of the law.

Vessels, installations and aircraft

in direct support of another vessel or aircraft that is involved in a contravention of the law; or

in preparation for a contravention of the law in which another vessel or aircraft is involved.

the law has been, is being, or is intended to be, contravened by the person; or

there is some other connection between the person and a contravention, or intended contravention, of the law.

the most senior maritime officer who is in a position to exercise any of the maritime powers in person;

the most senior member or special member of the Australian Federal Police who is in a position to exercise any of the maritime powers in person;

the most senior maritime officer on duty in a duly established operations room;

the person in command of a Commonwealth ship or Commonwealth aircraft from which the exercise of powers is to be directed or coordinated;

a person appointed in writing by the Minister.

Limited appointments

for the purposes of authorising the exercise of powers in relation to one or more of the following only:

a specified law;

a specified international agreement or international decision; and

subject to any other conditions specified in the appointment.

Purported authorisations

the officer suspects, on reasonable grounds, that the aircraft is involved in a contravention of an Australian law; and

the contravention is an actionable contravention in relation to the aircraft.

suspects, on reasonable grounds, that there is evidential material on the vessel, installation or land; or

believes, on reasonable grounds, that the exercise of the powers is necessary to enforce a warrant that is in force under an Australian law.

Meaning of evidence and warrants authorisation

the vessel is not flying the flag of a State; or

the officer suspects, on reasonable grounds, that the vessel:

has been flying the flag of more than one State; or

is flying the flag of a State that it is not entitled to fly; or

is not entitled to fly the flag of any State.

Meaning of vessels without nationality authorisation

a requirement made in the exercise of aircraft identification powers in relation to the aircraft has not been complied with; or

the officer suspects, on reasonable grounds, that information given in response to such a requirement is false or misleading in a material particular.

because of a failure to consider Australia’s international obligations, or the international obligations or domestic law of any other country; or

because of a defective consideration of Australia’s international obligations, or the international obligations or domestic law of any other country; or

because the exercise of the power is inconsistent with Australia’s international obligations.

it is spent; or

it lapses.

When authorisation is spent

to investigate or prevent any contravention of an Australian law that the officer suspects, on reasonable grounds, the vessel, installation, aircraft, protected land area or isolated person to be involved in;

to administer or ensure compliance with any monitoring law;

in the case of a vessel, installation or aircraft—to administer, ensure compliance with or investigate a contravention of any international agreement or international decision that the officer suspects, on reasonable grounds, applies to the vessel, installation or aircraft;

to access or seize any thing that the officer suspects, on reasonable grounds, is:

evidential material; or

a border controlled drug or border controlled plant; or

owned by the Commonwealth or a State or Territory;

to arrest any person whom the officer suspects, on reasonable grounds, has committed an indictable offence against an Australian law;

to enforce any warrant that is in force under an Australian law;

to retain any thing that the officer believes, on reasonable grounds, could be seized under an Australian law;

in the case of a vessel or aircraft—to identify the vessel or aircraft.

Exception—aircraft in flight

specified in an international agreement or international decision that applies to the vessel, installation or aircraft; and

prescribed by the regulations as powers that may be exercised in relation to vessels, installations or aircraft of that kind; and

exercised for the purposes of administering, ensuring compliance with or investigating a contravention of the agreement or decision.

Limitations on powers

the power is prescribed by the regulations as a power that must not be exercised under the agreement or decision in relation to vessels, installations or aircraft of that kind; or

the officer is of a kind prescribed by the regulations as officers who must not exercise powers under the agreement or decision in relation to vessels, installations or aircraft of that kind.

subject a person to greater indignity than is necessary and reasonable to exercise the powers; or

do anything that is likely to cause the death of, or grievous bodily harm to, a person unless:

the officer believes on reasonable grounds that doing that thing is necessary to protect life or prevent serious injury to another person (including the officer); and

if the person is attempting to escape arrest by fleeing—the person has, if practicable, been called on to surrender and the officer believes on reasonable grounds that the person cannot be apprehended in any other manner.

operate a vessel, aircraft or installation in a particular manner; or

operate machinery or equipment on a vessel, aircraft, installation or land in a particular manner; or

search a person; or

assist the officer to access data held in, or accessible from, an electronic device that is on a vessel, aircraft, installation or land.

must follow any directions given by the officer; and

(b) is a person assisting.

Use of force by person assisting

operate the vessel, installation or aircraft in a particular manner; or

operate machinery or equipment on the vessel, installation, aircraft or land in a particular manner; or

assist the officer to access data held in, or accessible from, an electronic device or any other equipment on the vessel, installation, aircraft or land; or

use such force against a thing as is necessary and reasonable in the circumstances.

at the request or with the agreement of the other country; or

to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies in that place; or

to investigate a contravention of a law that:

applies in that place; and

is prescribed by the regulations; or

to administer or ensure compliance with a monitoring law that:

applies in that place; and

is prescribed by the regulations; or

in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

the exercise of powers:

is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of this Part (disregarding this subsection); and

occurs in the course of passage of a vessel or aircraft through or above waters that are part of a country; and

a relevant maritime officer, or the Minister, considers that the passage is in accordance with the Convention.

to investigate a contravention of a law that applies to foreign vessels, or persons on foreign vessels, in that place; or

in relation to a contravention covered by paragraph (a), to:

arrest a person; or

require a person to cease conduct; or

in the contiguous zone of Australia to:

investigate a contravention of a customs, fiscal, immigration or sanitary law prescribed by the regulations that occurred in Australia; or

prevent a contravention of such a law occurring in Australia; or

to administer or ensure compliance with a monitoring law that applies to foreign vessels, or persons on foreign vessels, in that place; or

to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies to foreign vessels, or persons on foreign vessels, in that place; or

to identify the vessel under a vessels without nationality authorisation; or

in relation to a support vessel supporting a vessel involved in a contravention in Australia; or

in relation to a support vessel supporting a vessel that is:

an Australian vessel involved in a contravention within the exclusive economic zone, or waters above the continental shelf, of Australia; or

a foreign vessel involved in a contravention of a law that applies to the foreign vessel, or persons on the foreign vessel, in that place; or

after the vessel has been chased without interruption to that place; or

at the request or with the agreement of the country of the vessel’s nationality; or

to seize a border controlled drug or border controlled plant; or

in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

at a place where a maritime officer may exercise powers in relation to the vessel without having chased the vessel, a maritime officer requires the person in charge of the vessel to:

stop the vessel; or

facilitate boarding of the vessel; and

the requirement is not complied with; and

the vessel is chased from that place; and

the chase is not interrupted.

it is continued by another maritime officer; or

it is begun, or taken over, by a vessel or aircraft (including a vessel or aircraft of a foreign country) other than the vessel or aircraft from which the requirement was made; or

if the chase is continued by a vessel or aircraft of a foreign country—there is no maritime officer on board the vessel or aircraft; or

the vessel is out of sight of any or all of the maritime officers, or officers of a foreign country, involved in the chase; or

the vessel cannot be tracked by remote means, including radio, radar, satellite or sonar.

the vessel is at a place in the internal waters of Australia; or

the vessel is passing through the territorial sea of Australia after leaving the internal waters of Australia; or

the powers are exercised:

at the request or with the agreement of the country of the vessel’s nationality; or

in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person.

need not be in writing; and

includes the following:

a standing request or agreement;

a request or agreement relating to particular circumstances;

a request or agreement that covers a particular period of time.

the head of state of the country;

the head of the government of the country;

the minister of the government of the country who is responsible for foreign affairs;

the minister of the government of the country who is responsible for defence;

any official or body of the country that has, or could be expected to have, authority to make or give such a request or agreement.

(a) the request or agreement of another country is made or given for the exercise of powers in relation to a vessel, installation, aircraft or isolated person for a particular purpose (the agreed purpose); and

the request or agreement is relied on for the purposes of this Division;

a maritime officer may exercise any maritime power in relation to the vessel, installation, aircraft or person for the agreed purpose.

the officer’s identity card; or

other written evidence of the fact that the officer is a Commonwealth officer.

leave the vessel, installation or aircraft; and

not re-board the vessel, installation or aircraft without producing the identity card or other written evidence.

a member of the Australian Defence Force;

(b) an officer of Customs (within the meaning of the Customs Act 1901);

a member or special member of the Australian Federal Police;

an officer prescribed by the regulations.

stop or manoeuvre the vessel;

adopt a specified course or speed;

maintain a specified course or speed.

chase the vessel;

use any reasonable means to obstruct the passage of the vessel;

use any reasonable means to halt or slow the passage of the vessel, including by fouling the propellers of the vessel;

after firing a warning shot, fire at or into the vessel to disable it or compel it to be brought to for boarding.

Requirement taken to be made to support vessels

the identity of the aircraft;

the identity of all persons on the aircraft;

the flight path of the aircraft;

the flight plan of the aircraft.

at the nearest airport in Australia; or

at another place in Australia that the officer considers appropriate.

the officer’s identity card; or

other written evidence of the fact that the officer is a Commonwealth officer.

leave the land; and

not re-enter the land without producing the identity card or other written evidence.

a member of the Australian Defence Force;

(b) an officer of Customs (within the meaning of the Customs Act 1901);

a member or special member of the Australian Federal Police;

an officer prescribed by the regulations.

a vessel, installation, aircraft or land; or

the operations of a vessel, installation or aircraft, or activities conducted on a vessel, installation, aircraft or land; or

any thing on or in the vicinity of a vessel, installation, aircraft or land (including stores and cargo); or

the identity of the person or any other person; or

the reasons for the person or any other person being on or in the vicinity of a vessel, installation, aircraft or land; or

any journey undertaken by the person or any other person; or

any contravention, or suspected contravention, of an Australian law.

an ordinary search;

a frisk search.

requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes or hat; and

an examination of those items.

a search of a person conducted by quickly running hands over the person’s outer garments; and

an examination of anything worn or carried by the person that is conveniently and voluntarily removed by the person.

there is no maritime officer of the same sex available; and

no other suitable person of the same sex will agree to assist;

any maritime officer may conduct the search.

open any package in which the thing is or may be contained;

use a device, such as an X-ray machine or ion scanning equipment, on the thing;

test or analyse the thing;

measure or count the thing;

take samples of the thing (even if the sampling destroys the thing);

operate the thing;

if the thing is or contains a record or document—read the record or document either directly or with the use of an electronic device;

use a dog to assist in examining the thing;

take photographs or a video recording of the thing;

make sketches of the thing.

the person in whose possession the thing was found; and

if the thing was found on a vessel, installation, aircraft or land—the person in charge of the vessel, installation, aircraft or land.

seal a thing;

mark a thing;

lock up, or otherwise secure a thing (including in the hold of a vessel or aircraft);

if the thing is a live plant:

mark or label a cage or container in which the plant is kept or in which the plant is growing; or

place a label or tag on the plant;

if the thing is a live animal:

implant a scannable device in the animal; or

place a band on any part of the animal; or

place (whether by piercing or otherwise) a tag or ring on any part of the animal; or

mark or label a cage or container within which the animal is kept.

Offences

in the exercise of powers in relation to a vessel, installation, aircraft or land, a maritime officer seals, marks, labels, locks up or secures a thing; and

the continuous exercise of those powers has not ceased; and

the person:

breaks or defaces the seal; or

erases or defaces the mark or label; or

breaks or unlocks the lock or otherwise causes the thing to be unsecured; and

the person does so without the consent of a maritime officer.

in the exercise of powers in relation to a vessel, installation, aircraft or land, a maritime officer:

implants a scannable device in an animal; or

places a band on any part of an animal; or

places (whether by piercing or otherwise) a tag or ring on any part of an animal; and

the continuous exercise of those powers has not ceased; and

the person removes, or interferes with, the implant, band, tag or ring; and

the person does so without the consent of a maritime officer.

take temporary possession of the weapon; or

give temporary possession of the weapon to another person; or

move or guard the weapon; or

disarm or dismantle the weapon.

a weapon; or

any thing that the officer suspects, on reasonable grounds:

is evidential material; or

is a border controlled drug or border controlled plant; or

is owned by the Commonwealth or a State or Territory.

(a) take the vessel or aircraft, or cause the vessel or aircraft to be taken, to a place (the destination); and

remain in control of the vessel or aircraft, or require the person in charge of the vessel or aircraft to remain in control of the vessel or aircraft, at the destination, until whichever of the following occurs first:

the vessel or aircraft is returned to a person referred to in subsection 87(1);

action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

in the migration zone; or

outside the migration zone (including outside Australia).

that different place is then the destination; but

this does not affect the exercise of powers under this Act before the change.

for any period reasonably required:

to decide which place should be the destination; or

to consider whether the destination should be changed to a different place under subsection 69(3A), and (if it should be changed) to decide what that different place is; and

for any period reasonably required for the Minister to consider whether to make or give a determination or direction under section 75D, 75F or 75H in relation to:

a matter referred to in subparagraph (a)(i) or (ii); or

any other matter relating to the exercise of powers in relation to the vessel or aircraft, or in relation to persons on (or suspected as having been on) the vessel or aircraft; and

for the period it actually takes to travel to the destination.

the period it actually takes to travel to the destination may include stopovers at other places on the way to the destination, and time for other logistical, operational or other contingencies relating to travelling to the destination; and

there is no requirement that the most direct route to the destination must be taken.

on a detained vessel or detained aircraft; or

whom a maritime officer reasonably suspects was on a vessel or aircraft when it was detained.

the vessel or aircraft is returned to a person referred to in subsection 87(1);

action is taken as mentioned in subsection 87(3) in relation to the vessel or aircraft.

in the migration zone; or

outside the migration zone (including outside Australia).

that different place is then the destination; but

this does not affect the exercise of powers under this Act before the change.

place the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or

restrain the person on a vessel or aircraft, or in a particular place on a vessel or aircraft; or

remove the person from a vessel or aircraft.

for any period reasonably required:

to decide which place should be the destination; or

to consider whether the destination should be changed to a different place under subsection 72(4B), and (if it should be changed) to decide what that different place is; and

for any period reasonably required for the Minister to consider whether to make or give a determination or direction under section 75D, 75F or 75H in relation to:

a matter referred to in subparagraph (a)(i) or (ii); or

any other matter relating to the exercise of powers in relation to the person; and

for the period it actually takes to travel to the destination; and

for any period reasonably required to make and effect arrangements relating to the release of the person.

the period it actually takes to travel to the destination may include stopovers at other places on the way to the destination, and time for other logistical, operational or other contingencies relating to travelling to the destination; and

there is no requirement that the most direct route to the destination must be taken.

the arrest of the person; or

the detention of the person under another Australian law; or

the exercise of any other power in relation to the person.

(a) clause 8 of Schedule 1 to the Environment Protection and Biodiversity Conservation Act 1999;

(b) clause 8 of Schedule 1A to the Fisheries Management Act 1991;

(c) clause 8 of Schedule 2 to the Torres Strait Fisheries Act 1984;

a provision prescribed by the regulations.

because of a failure to consider Australia’s international obligations, or the international obligations or domestic law of any other country; or

because of a defective consideration of Australia’s international obligations, or the international obligations or domestic law of any other country; or

because the exercise of the power is inconsistent with Australia’s international obligations.

the destination to which a vessel, aircraft or person is taken (or caused to be taken) under section 69 or 72:

does not have to be in a country; and

without limiting subparagraph (i)—may be just outside a country; and

may be a vessel; and

a vessel, aircraft or person may be taken (or caused to be taken) to a destination under section 69 or 72:

whether or not Australia has an agreement or arrangement with any other country relating to the vessel or aircraft (or the persons on it), or the person; and

irrespective of the international obligations or domestic law of any other country.

the exercise of power is:

covered by a determination in force under subsection (2); or

required by a direction in force under paragraph 75F(2)(a); and

the exercise of power is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of Division 5 of Part 2.

unless paragraph (b) applies—when it is made; or

if the determination or instrument specifies a later time as the time when it is to come into force—at that later time.

an instrument revoking the determination comes into force;

if the determination is expressed to cease to be in force at a specified time—the time so specified.

requiring the exercise of a power or powers in a specified circumstance, or in circumstances in a specified class, in a specified manner; or

relating to the exercise of a power or powers in a specified circumstance, in a specified class of circumstances or more generally.

specifying a place that is to be, or is not to be, the destination to which a vessel, aircraft or person is taken under paragraph 69(2)(a) or subsection 72(4); or

specifying matters to be taken into account in deciding the destination to which a vessel, aircraft or person is to be so taken.

unless paragraph (b) applies—when it is made; or

if the direction or instrument specifies a later time as the time when it is to come into force—at that later time.

an instrument revoking the direction comes into force;

if the direction is expressed to cease to be in force at a specified time—the time so specified.

the direction is taken to constitute an authorisation of the exercise of the power or powers in accordance with the direction; and

that authorisation is taken (despite section 23) to remain in force while the direction is in force.

the vessel is being used in the exercise (or purported exercise) of powers under subsection 72(4) or (5), or the Commonwealth intends that the vessel is for use in the exercise of such powers;

the vessel is specified in, or is included in a class of vessels specified in, a determination under subsection (4) that is in force;

if the determination states that it has effect, in relation to the vessel or class of vessels, only in specified circumstances—those circumstances exist;

if the determination states that it has effect, in relation to the vessel or the class of vessels, only in one or more specified periods—the time is in that period, or one of those periods.

The laws that are disapplied

(a) the Navigation Act 2012; and

(b) the Shipping Registration Act 1981; and

the Marine Safety (Domestic Commercial Vessel) National Law.

Determinations of vessels and classes of vessels

that it has effect, in relation to the vessel or class of vessels, only in specified circumstances;

that it has effect, in relation to the vessel or the class of vessels, only in one or more specified periods.

unless paragraph (b) applies—when it is made; or

if the determination or instrument specifies a later time as the time when it is to come into force—at that later time.

an instrument revoking the determination comes into force;

if the determination is expressed to cease to be in force at a specified time—the time so specified.

the owner of the thing; or

a person who had possession or control of the thing immediately before it was seized, retained or detained.

identify the thing; and

state that the thing has been seized, retained or detained; and

specify the reason for this; and

specify contact details of an officer who can provide further information; and

include information about the return of the thing.

the thing is required for the purposes of proceedings that have been instituted, or an appeal arising from such proceedings; or

the period of 120 days is extended by a magistrate under section 88; or

the thing is disposed of under an Australian law; or

the thing is seized under another Australian law; or

notice of Commonwealth ownership of the thing is given.

Retained things and detained vessels and aircraft

the period of 28 days is extended by a magistrate under section 88; or

the thing is disposed of under an Australian law; or

the thing is seized under an Australian law; or

notice of Commonwealth ownership of the thing is given.

state that the Commonwealth claims ownership of the thing; and

state that any other person who claims ownership or possession of the thing may apply to a court of competent jurisdiction, within 30 days after the notice is given, for an order for the return of the thing.

to prevent, investigate or prosecute a contravention of:

an Australian law; or

an international agreement or international decision;

to administer or ensure compliance with:

a monitoring law; or

an international agreement or international decision;

for any other purpose under another Australian law, as if the thing had been seized, produced or required (however described) under that law;

to decide whether to use the thing as mentioned in any of paragraphs (a) to (c).

the owner of the thing; or

a person who had possession or control of the thing immediately before it was seized.

120 days after it is seized; or

that period as extended under section 88.

the thing is required for the purposes of proceedings that have been instituted, or an appeal arising from such proceedings; or

the thing has been disposed of under an Australian law; or

the thing has been seized under another Australian law; or

notice of Commonwealth ownership of the thing has been given.

the owner of the thing; or

a person who had possession or control of the thing immediately before it was retained or detained.

28 days after it is retained or detained; or

that period as extended under section 88.

the thing has been disposed of under an Australian law; or

the thing has been seized under an Australian law; or

notice of Commonwealth ownership of the thing has been given.

the thing is required for a purpose mentioned in Division 3 (using seized things); or

there are other grounds for extending the period.

take reasonable steps to discover who has an interest in the thing; and

if it is practicable to do so, notify each such person of the proposed application.

the court is not satisfied that the Commonwealth owns the thing; and

the thing has not been:

seized under another Australian law; or

disposed of under an Australian law.

count as seizure under the other law; or

remove or fulfil any requirement under the other law to:

give notice or information; or

act under a warrant; or

do any other thing in relation to the seizure under the other law.

count as seizure under the other law; or

remove or fulfil any requirement under the other law to:

give notice or information; or

act under a warrant; or

do any other thing in relation to the seizure under the other law.

custody or maintenance (including any necessary movement or transport) of the thing creates serious difficulties; or

the expenses of custody or maintenance (including any necessary movement or transport) of the thing are likely to exceed its value; or

the thing is a live plant or animal and its return to its native environment would be beneficial to its survival; or

if notice of Commonwealth ownership of the thing has been given:

an application for an order for the return of the thing has not been made within the time allowed under section 89; or

proceedings in relation to such an application have been finally determined without an order for the return of the thing being made.

the thing is perishable; or

storage of the thing would be impractical; or

the thing poses a serious risk to navigation, safety or public health; or

(ca) the thing poses an unacceptable level of biosecurity risk (within the meaning of the Biosecurity Act 2015); or

the thing poses a serious risk of damage to property or the environment; or

if the thing is a vessel—it is unseaworthy; or

despite reasonable efforts, it has not been possible to return the thing.

sold; or

destroyed; or

if the thing is a live plant or animal—returned to its native environment; or

disposed of in any other way.

the person who owned the thing; or

a person who had possession or control of the thing immediately before it was seized, retained or detained.

that the thing has been disposed of; and

the reason for the disposal; and

that compensation may be payable under section 117.

the person should, in the circumstances, know the substance of the offence for which he or she is being arrested; or

the person’s actions make it impracticable for the officer to inform the person of the offence for which he or she is being arrested; or

the officer believes on reasonable grounds that the person does not speak English and it is not practicable for the officer to inform the person, in a language he or she understands, of the offence for which he or she is being arrested.

a member of the Australian Defence Force;

(b) an officer of Customs (within the meaning of the Customs Act 1901);

a member or special member of the Australian Federal Police;

a person appointed as a maritime officer by the Minister.

Limited appointments

in relation to one or more of the following only:

a specified law;

a specified international agreement or international decision; and

subject to any other conditions specified in the appointment.

contain a recent photograph of the officer; and

be in a form approved in writing by the Minister.

the person has been issued with an identity card under subsection (1); and

the person ceases to be a maritime officer; and

the person does not immediately return the identity card to the Minister or a person nominated by the Minister.

notice of Commonwealth ownership of a thing is given; and

an application for an order for the return of the thing is made under section 89; and

proceedings in relation to the application have been finally determined without such an order being made.

the custody of the thing;

the maintenance of the thing;

transport of the thing;

the costs of disposal of the thing.

met by the person who made the application; and

incurred with the agreement of the Commonwealth officer who has control of the thing.

(a) the Comptroller-General of Customs (within the meaning of the Customs Act 1901); or

(b) the Secretary of the Department administered by the Minister who administers the Defence Act 1903.

matters concerning maritime security, maritime safety or maritime domain awareness; or

the exercise of the functions or powers of the agency.

the Australian Defence Force;

the Australian Federal Police;

the police force of a State or Territory;

any other agency of the Commonwealth, or a State or Territory, responsible for:

investigating contraventions of laws; or

administering or ensuring compliance with laws; or

gathering or evaluating intelligence; or

security; or

defence;

an international body responsible for:

investigating contraventions of international agreements or international decisions; or

administering or ensuring compliance with international agreements or international decisions;

any other body or agency prescribed by the regulations.

as a result of the exercise of powers under this Act, a document is lost, destroyed or damaged; and

the loss, destruction or damage occurred wholly or partly as a result of:

insufficient care being taken in selecting the person to exercise the powers; or

insufficient care being taken by the person exercising the powers.

as a result of equipment being operated in the exercise of powers under this Act:

damage is caused to the equipment; or

damage is caused to any data recorded on the equipment or data access to which was obtained from the operation of the equipment; or

programs associated with the use of the equipment, or with the use of the data, are damaged or corrupted; and

the damage or corruption occurs because:

insufficient care was exercised in selecting the person who was to operate the equipment; or

insufficient care was exercised by the person operating the equipment.

the Chief of the Defence Force; or

the Commissioner or a Deputy Commissioner of the Australian Federal Police; or

(c) an Agency Head (within the meaning of the Public Service Act 1999); or

an officer of the Australian Navy who holds a rank not below Commodore; or

an officer of the Australian Army who holds a rank not below Brigadier; or

an officer of the Australian Air Force who holds a rank not below Air Commodore; or

an SES employee with a classification not below Senior Executive Band 1 or equivalent.