Document ID: chunk:federal_register_of_legislation:C2014A00033:clause:1_44a
Version: federal_register_of_legislation:C2014A00033
Segment Type: clause
Provision Reference: sch 1 cl 44A
Character Range: 15655–17719

44A  Foreign nationals and foreign ships

Foreign nationals—no involvement of ship
 (1) This Division does not apply to anything done, or omitted to be done, if:
 (a) the thing is done, or omitted to be done, by a foreign national; and
 (b) the thing is done, or omitted to be done in, on, or beneath the seabed that lies beneath, either or both of the following:
 (i) the waters of the exclusive economic zone of Australia;
 (ii) the sea above that part of the continental shelf of Australia that is beyond the limits of the exclusive economic zone; and
 (c) the thing done, or omitted to be done, does not involve a ship;
unless the thing done, or omitted to be done, touches, concerns, arises out of or is connected with:
 (d) the exploration of the continental shelf of Australia; or
 (e) the exploitation of the resources of the continental shelf of Australia (including the exploitation of the resources of the waters of the exclusive economic zone); or
 (f) the operations of artificial islands, installations or structures that are under Australia's jurisdiction.

Foreign nationals—involvement of foreign ship
 (2) This Division does not apply to anything done, or omitted to be done, if:
 (a) the thing is done, or omitted to be done, by a foreign national; and
 (b) the thing is done, or omitted to be done, in either or both of the following:
 (i) the waters of the exclusive economic zone of Australia;
 (ii) the sea above that part of the continental shelf of Australia that is beyond the limits of the exclusive economic zone; and
 (c) the thing done, or omitted to be done, involves a foreign ship;
unless the thing done, or omitted to be done, touches, concerns, arises out of or is connected with:
 (d) the exploration of the continental shelf of Australia; or
 (e) the exploitation of the resources of the continental shelf of Australia (including the exploitation of the resources of the waters of the exclusive economic zone); or
 (f) the operations of artificial islands, installations or structures that are under Australia's jurisdiction.