PART 5
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GENERAL INTERPRETATION RULES
History
Pt 5 heading substituted by No 46 of 2011, s 3 and Sch 1 item 21, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part
1
heading. The heading formerly read:
PART IV
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GENERAL PROVISIONS
SECTION 15B
APPLICATION OF ACTS IN COASTAL SEA
Coastal sea of Australia
15B(1)
An Act is taken to have effect in, and in relation to, the coastal sea of Australia as if that coastal sea were part of Australia.
History
S 15B(1) substituted by No 46 of 2011, s 3 and Sch 1 item 25, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part
1
heading. No 46 of 2011, s 3 and Sch 3 item 5 also contains the following application provision:
5 Application
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Acts applying in coastal sea
5
The amendment made by item 25 of Schedule 1 applies in relation to Acts enacted before, on or after the commencement of that item.
S 15B(1) formerly read:
15B(1)
Except so far as the contrary intention appears:
(a)
the provisions of every Act, whether passed before or after the commencement of this section, shall be taken to have effect in and in relation to the coastal sea of Australia as if the coastal sea of Australia were part of Australia; and
(b)
any reference in an Act, whether passed before or after the commencement of this section, to Australia or to the Commonwealth shall be read as including a reference to the coastal sea of Australia.
15B(2)
A reference in an Act to Australia, or to the Commonwealth, is taken to include a reference to the coastal sea of Australia.
History
S 15B(2) substituted by No 46 of 2011, s 3 and Sch 1 item 25, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part
1
heading. For further application provision, see note under s 15B(1). S 15B(2) formerly read:
15B(2)
Except so far as the contrary intention appears:
(a)
the provisions of an Act, whether passed before or after the commencement of this section, that are in force in an external Territory shall be taken to have effect in and in relation to the coastal sea of the Territory as if the coastal sea of the Territory were part of the Territory; and
(b)
any reference in an Act, whether passed before or after the commencement of this section, to all or any of the external Territories (whether or not a particular Territory or particular Territories is or are referred to) shall be read as including a reference to the coastal sea of any Territory to which the reference relates.
Coastal sea of external Territory
15B(3)
An Act that is in force in an external Territory is taken to have effect in, and in relation to, the coastal sea of the Territory as if that coastal sea were part of the Territory.
History
S 15B(3) substituted by No 46 of 2011, s 3 and Sch 1 item 25, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part
1
heading. For further application provision, see note under s 15B(1). S 15B(3) formerly read:
15B(3)
Nothing in subsection (1) or (2) shall be taken as limiting the operation that any Act had before the commencement of this section.
15B(3A)
A reference in an Act to all or any of the external Territories (whether or not one or more particular Territories are referred to) is taken to include a reference to the coastal sea of any Territory to which the reference relates.
History
S 15B(3A) inserted by No 46 of 2011, s 3 and Sch 1 item 25, applicable on and after 27 December 2011, in relation to Acts enacted before, on or after 27 December 2011. For transitional regulations, see note under Part
1
heading. For further application provision, see note under s 15B(1).
Definition
15B(4)
In this section,
coastal sea
:
(a)
in relation to Australia, means:
(i)
the territorial sea of Australia; and
(ii)
the sea on the landward side of the territorial sea of Australia and not within the limits of a State or internal Territory;
and includes the airspace over, and the sea-bed and subsoil beneath, any such sea; and
(b)
in relation to an external Territory, means:
(i)
the territorial sea adjacent to the Territory; and
(ii)
the sea on the landward side of the territorial sea adjacent to the Territory and not within the limits of the Territory;
and includes the airspace over, and the sea-bed and subsoil beneath, any such sea.