Telecommunications Legislation Amendment (Submarine Cable Protection) Act 2014 (33 of 2014)

Schedule 1   Amendments

Part 1   Amendments

Telecommunications Act 1997

41   At the end of Division 4 of Part 2 of Schedule 3A

Add:

Subdivision C - Foreign nationals and foreign ships

44A Foreign nationals and foreign ships

Foreign nationals - no involvement of ship

(1) This Division does not apply to anything done, or omitted to be done, if:

(a) the thing is done, or omitted to be done, by a foreign national; and

(b) the thing is done, or omitted to be done in, on, or beneath the seabed that lies beneath, either or both of the following:

(i) the waters of the exclusive economic zone of Australia;

(ii) the sea above that part of the continental shelf of Australia that is beyond the limits of the exclusive economic zone; and

(c) the thing done, or omitted to be done, does not involve a ship;

unless the thing done, or omitted to be done, touches, concerns, arises out of or is connected with:

(d) the exploration of the continental shelf of Australia; or

(e) the exploitation of the resources of the continental shelf of Australia (including the exploitation of the resources of the waters of the exclusive economic zone); or

(f) the operations of artificial islands, installations or structures that are under Australia’s jurisdiction.

Foreign nationals - involvement of foreign ship

(2) This Division does not apply to anything done, or omitted to be done, if:

(a) the thing is done, or omitted to be done, by a foreign national; and

(b) the thing is done, or omitted to be done, in either or both of the following:

(i) the waters of the exclusive economic zone of Australia;

(ii) the sea above that part of the continental shelf of Australia that is beyond the limits of the exclusive economic zone; and

(c) the thing done, or omitted to be done, involves a foreign ship;

unless the thing done, or omitted to be done, touches, concerns, arises out of or is connected with:

(d) the exploration of the continental shelf of Australia; or

(e) the exploitation of the resources of the continental shelf of Australia (including the exploitation of the resources of the waters of the exclusive economic zone); or

(f) the operations of artificial islands, installations or structures that are under Australia’s jurisdiction.