Document ID: chunk:federal_register_of_legislation:C2024C00800:section:9a:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 9A (pt 2/2)
Character Range: 123603–125461

be in the migration zone; or
 (b) is in Australia or is taken to be in Australia; or
 (c) travels to Australia or is taken to travel to Australia; or
 (d) enters Australia or is taken to enter Australia; or
 (e) leaves Australia or is taken to leave Australia.

Meaning of offshore resources activity
 (5) In this section:
offshore resources activity, in relation to an area, means:
 (a) a regulated operation (within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006) that is being carried out, or is to be carried out, within the area, except an operation determined by the Minister under subsection (6); or
 (b) an activity performed under a licence or a special purpose consent (both within the meaning of section 4 of the Offshore Minerals Act 1994) that is being carried out, or is to be carried out, within the area, except an activity determined by the Minister under subsection (6); or
 (c) an activity, operation or undertaking (however described) that is being carried out, or is to be carried out:
 (i) under a law of the Commonwealth, a State or a Territory determined by the Minister under subsection (6); and
 (ii) within the area, as determined by the Minister under subsection (6).
 (6) The Minister may, in writing, make a determination for the purposes of the definition of offshore resources activity in subsection (5).
 (7) A determination made under subsection (6) is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the determination.
 (8) To avoid doubt, for the purposes of subsection (1), a person may participate in, or support, an offshore resources activity in relation to an area whether the person:
 (a) is on an Australian resources installation in the area; or
 (b) is otherwise in the area to participate in, or support, the activity.