Section 8 — Environment Protection and Biodiversity Conservation Act 1999: Power to detain

(1) An authorised officer may detain a person in Australia or a Territory for the purposes of determining during the period of detention whether or not to charge the person with an offence against an environmental law, or an offence against section 6 of the Crimes Act 1914 relating to such an offence, if the authorised officer has reasonable grounds to believe that the person: (a) is not an Australian citizen or an Australian resident; and (b) either or both of the following: (i) was on a foreign vessel when it was used or otherwise involved in the commission of the offence; (ii) committed the offence in the Australian jurisdiction but outside the migration zone. (2) Subclause (1) does not authorise an authorised officer to use more force in detaining a person than is reasonably necessary.