Document ID: chunk:federal_register_of_legislation:C2024C00598:section:5:p1
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 5 (pt 1/3)
Character Range: 35375–38234

5  Application of Act

Extension to external Territories
 (1) This Act extends to each external Territory.

Limited extraterritorial application
 (2) This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention appears.

Application limited to Australians outside exclusive economic zone
 (3) A provision of this Act that has effect in relation to a place that is outside the outer limits of the exclusive economic zone and is not on or in the continental shelf applies only in relation to:
 (a) Australian nationals; and
 (b) Australian permanent residents; and
 (d) the Commonwealth; and
 (e) Commonwealth agencies; and
 (f) Australian aircraft; and
 (g) Australian vessels; and
 (h) members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels).

Application to everyone in Australia and exclusive economic zone
 (4) A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone (whether the place is in the zone or in Australia or an external Territory) or that is on or in the continental shelf applies in relation to:
 (a) all persons (including persons who are not Australian citizens); and
 (b) all aircraft (including aircraft that are not Australian aircraft); and
 (c) all vessels (including vessels that are not Australian vessels).
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.

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