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 Australias 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 Australias jurisdiction.