Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 (57 of 2019)

Schedule 1   Provisions commencing when new treaty comes into force

Part 23   Amendment of the Sea Installations Act 1987

Sea Installations Act 1987

149   After section 11

Insert:

11A Application of Act in relation to Greater Sunrise special regime area

(1) This Act applies, in accordance with this section, in relation to the Greater Sunrise special regime area as if that area were part of the adjacent area in respect of the Northern Territory.

(2) A provision of this Act applying because of subsection (1) applies (despite section 11) only in relation to:

(a) Australian nationals who are not nationals or permanent residents of Timor-Leste; and

(b) Australian permanent residents who are not nationals or permanent residents of Timor-Leste; and

(c) the Commonwealth; and

(d) persons who are authorities of the Commonwealth; and

(e) the States; and

(f) the Territories; and

(g) persons who are authorities of the States or Territories; and

(h) Australian aircraft; and

(i) Australian vessels; and

(j) members of crews (including persons in charge) of Australian aircraft and Australian vessels; and

(k) persons, aircraft or vessels declared under subsection (3) to be subject to the provision.

(3) The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor-Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area:

(a) nationals of a foreign country who are not nationals or permanent residents of Timor-Leste;

(b) aircraft with the nationality of a foreign country other than Timor-Leste;

(c) vessels with the nationality of a foreign country other than Timor-Leste;

(d) members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c).

(4) Despite subsection (2), a provision of this Act applying because of subsection (1) does not apply in relation to a matter that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor-Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.

Note: The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

(5) Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.

Note: Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.