Commonwealth Consolidated Acts

MARITIME POWERS ACT 2013 - SECT 40

  (1)   This Act does not authorise the exercise of powers at a place in ano ther country unless the powers are exercised:

  (a)   at the request or with the agreement of the other country; or

  (b)   to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that appl ies in tha t place; or

  (c)   to investigate a contravention of a law that:

  (i)   applies in that place; and

  (ii)   is prescribed by the regulations; or

  (d)   to administer or ensure compliance with a monitoring law that:

  (i)   applies in that place; and

  (ii)   is prescribed by the regulations; or

  (e )   in connection with the exercise of powers in accordance with this section , to ensure the safety of a maritime officer or any other person.

  (2)   Subsection   ( 1) does not apply to an exercise of powers if:

  (a)   the exercise of powers:

  (i)   is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of this Part (disregarding this subsection); and

  (ii)   occurs in the course of passage of a vessel or aircraft through or above waters that are part of a country; and

  (b)   a relevant maritime officer, or the Minister, considers that the passage is in accordance with the Convention.

Note 1:   The definition of country in section   8 includes the territorial sea and any archipelagic waters of the country.

Note 2:   The fact that the Minister considers that passage of a particular vessel or aircraft through or above waters that are part of a country is in accordance with the Convention may (for example) be apparent from the terms of a direction given under section   75F.

  (3)   An exercise of powers in reliance (or purported reliance) on subsection   ( 2) is not invalid because of a defective consideration of the Convention.