Document ID: chunk:federal_register_of_legislation:C2019A00057:clause:1_62
Version: federal_register_of_legislation:C2019A00057
Segment Type: clause
Provision Reference: sch 1 cl 62
Character Range: 22792–25522

62  After subsection 5(4)
Insert:

Application in Greater Sunrise special regime area
 (4A) Despite subsections (2) and (4), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area applies 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) Commonwealth agencies; and
 (e) the States; and
 (f) the self‑governing Territories; and
 (g) agencies of the States or self‑governing Territories; and
 (h) Australian aircraft; and
 (i) Australian vessels; and
 (j) members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels); and
 (k) persons, aircraft or vessels declared under subsection (4B) to be subject to the provision.
 (4B) 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).
 (4C) Despite subsections (2), (4) and (4A), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area does not apply in relation to an act, omission, matter or thing 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).
 (4D) 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.