Document ID: chunk:federal_register_of_legislation:C2017A00019:clause:8_2
Version: federal_register_of_legislation:C2017A00019
Segment Type: clause
Provision Reference: sch 8 cl 2
Character Range: 12732–13790

2  At the end of section 40
Add:
 (2) Subsection (1) does not apply to an exercise of powers if:
 (a) the exercise of powers:
 (i) is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of this Part (disregarding this subsection); and
 (ii) occurs in the course of passage of a vessel or aircraft through or above waters that are part of a country; and
 (b) a relevant maritime officer, or the Minister, considers that the passage is in accordance with the Convention.
Note 1: The definition of country in section 8 includes the territorial sea and any archipelagic waters of the country.
Note 2: The fact that the Minister considers that passage of a particular vessel or aircraft through or above waters that are part of a country is in accordance with the Convention may (for example) be apparent from the terms of a direction given under section 75F.
 (3) An exercise of powers in reliance (or purported reliance) on subsection (2) is not invalid because of a defective consideration of the Convention.