Customs Act 1901
PART II
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ADMINISTRATION
SECTION 5A
ATTACHMENT OF OVERSEAS RESOURCES INSTALLATIONS
5A(1)
A person shall not cause an overseas resources installation to be attached to the Australian seabed.
5A(1A)
Subsection (1) does not apply if the person has the permission of the Comptroller-General of Customs given under subsection (2).
5A(2)
The Comptroller-General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas resources installation to be attached to the Australian seabed, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so attached.
5A(3)
A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)), to which that permission is subject.
5A(4)
Where the Comptroller-General of Customs has, under subsection (2), given a person permission to cause an overseas resources installation to be attached to the Australian seabed, the Comptroller-General of Customs may, at any time before that installation is so attached, by notice in writing served on the person -
(a) revoke the permission;
(b) revoke or vary a condition to which the permission is subject; or
(c) impose new conditions to which the permission is to be subject.
5A(5)
Without limiting the generality of subsection (2), conditions to which a permission given under that subsection may be subject include -
(a) conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ); and
(b) conditions requiring the master of an installation to bring the installation to a place specified by the Comptroller-General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ) before the installation is attached to the Australian seabed.
A person shall not cause an overseas resources installation to be attached to the Australian seabed.
Penalty: 500 penalty units.
View history note
Hide history note5A(1A)
Subsection (1) does not apply if the person has the permission of the Comptroller-General of Customs given under subsection (2).
5A(2)
The Comptroller-General of Customs may, by notice in writing given to a person who has applied for permission to cause an overseas resources installation to be attached to the Australian seabed, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so attached.
5A(3)
A person who has been given permission under subsection (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under subsection (4)), to which that permission is subject.
Penalty: 100 penalty units.
5A(4)
Where the Comptroller-General of Customs has, under subsection (2), given a person permission to cause an overseas resources installation to be attached to the Australian seabed, the Comptroller-General of Customs may, at any time before that installation is so attached, by notice in writing served on the person -
(a) revoke the permission;
(b) revoke or vary a condition to which the permission is subject; or
(c) impose new conditions to which the permission is to be subject.
5A(5)
Without limiting the generality of subsection (2), conditions to which a permission given under that subsection may be subject include -
(a) conditions relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ); and
(b) conditions requiring the master of an installation to bring the installation to a place specified by the Comptroller-General of Customs for examination for purposes relating to biosecurity risks (within the meaning of the Biosecurity Act 2015 ) before the installation is attached to the Australian seabed.
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