Document ID: chunk:federal_register_of_legislation:C2024C00748:section:4b
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 4B
Character Range: 13644–16219

4B  Application of Act in relation to certain waters that are subject to the Australia‑Indonesia Delimitation Treaty
 (1) This section commences to have effect when the Australia‑Indonesia Delimitation Treaty enters into force for Australia.
 (2) The Minister must not issue a permit in relation to the overlap area unless:
 (a) the Minister has first consulted the Government of the Republic of Indonesia about issuing the permit; or
 (b) a notice is in force under subsection (3) and the issue of the permit is within the scope of the agreement to which the notice relates.
 (3) The Minister may, by notice in the Gazette, declare that the Government of the Republic of Indonesia has notified Australia that the Government of the Republic of Indonesia agrees to the issue of permits under this Act in relation to the overlap area, either generally or in particular circumstances.
Note: The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.
 (4) An inspector must not exercise powers under this Act in the overlap area in relation to:
 (a) a vessel other than an Australian vessel; or
 (b) an aircraft other than an Australian aircraft; or
 (c) a platform, other than a platform that is subject to Australia's jurisdiction under paragraph 7(b) or (h) of the Australia‑Indonesia Delimitation Treaty;
unless:
 (d) the Minister has first consulted the Government of the Republic of Indonesia about the exercise of powers by inspectors in the overlap area in relation to that vessel, aircraft or platform; or
 (e) a notice is in force under subsection (5) and the exercise of the powers is within the scope of the agreement to which the notice relates.
 (5) The Minister may, by notice in the Gazette, declare that the Government of the Republic of Indonesia has notified Australia that the Government of the Republic of Indonesia agrees to the exercise by inspectors of powers under this Act in the overlap area, either generally or in particular circumstances.
Note: The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.
 (6) The validity of the exercise of a power is not affected by a failure to comply with subsection (4).
 (7) In this section:
Australia‑Indonesia Delimitation Treaty means the Treaty between the Government of Australia and the Government of the Republic of Indonesia establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries done at Perth on 14 March 1997.
overlap area means the overlapping area described in Article 7 of the Australia‑Indonesia Delimitation Treaty.