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BIOSECURITY ACT 2015 - SECT 617

Exemptions for Torres Strait Treaty

             (1)  Without limiting section 616, the regulations may exempt any one or more of the following from all or any provisions of this Act:

                     (a)  any protected zone vessel;

                     (b)  persons on board a protected zone vessel;

                     (c)  goods on board a protected zone vessel if the goods:

                              (i)  are owned by, or are under the control of, a traditional inhabitant who is on board that vessel and have been used, are being used or are intended to be used by him or her in connection with the performance of traditional activities in a protected zone area; or

                             (ii)  are the personal belongings of a person referred to in subparagraph (e)(i) or (ii) of the definition of protected zone vessel in subsection (4) of this section.

             (2)  An exemption may be expressed to apply to a person only if the person complies with one or more specified conditions.

             (3)  An exemption has effect only while the vessel, persons or goods in respect of which the exemption applies remain in a protected zone area.

Definitions

             (4)  In this Act:

"protected zone" means the zone established under Article 10 of the Torres Strait Treaty, being the area bounded by the line described in Annex 9 to that treaty.

"protected zone area" means:

                     (a)  the protected zone; or

                     (b)  an area in the vicinity of the protected zone that is prescribed by regulations.

"protected zone vessel" means a vessel that meets all of the following conditions:

                     (a)  the vessel is of a kind used in navigation by sea;

                     (b)  the vessel is owned or operated by a traditional inhabitant;

                     (c)  the vessel enters a part of Australian territory that is in a protected zone area;

                     (d)  there is at least one traditional inhabitant on board the vessel who is entering that part of Australian territory in connection with the performance of traditional activities in the protected zone area;

                     (e)  the only persons on board the vessel are:

                              (i)  one or more persons referred to in paragraph (d); or

                             (ii)  one or more employees of the Commonwealth, Queensland or Papua New Guinea, or of a body of the Commonwealth, Queensland or Papua New Guinea, who are entering that part of Australian territory in connection with the performance of their functions or duties, or the exercise of their powers.

"Torres Strait Treaty" means the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters, done at Sydney on 18 December 1978, as in force for Australia from time to time.

Note:          The Treaty is in Australian Treaty Series 1985 No. 4 ([1985] ATS 4) and could in 2014 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

"traditional activities" has the same meaning as in the Torres Strait Treaty.

"traditional inhabitant has the same meaning as traditional inhabitants" has in the Torres Strait Treaty.



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