Document ID: chunk:federal_register_of_legislation:C2019C00190:section:9:p2
Version: federal_register_of_legislation:C2019C00190
Segment Type: section
Provision Reference: s 9 (pt 2/2)
Character Range: 16459–18497

is:
 (a) in internal waters; or
 (b) in the Australian coastal sea; or
 (c) in the exclusive economic zone of Australia; or
 (d) an Australian ship.
 (3) This section does not authorize the taking of measures against a warship or other ship owned or operated by a foreign State and used, for the time being, only on government non‑commercial service.
 (4) The Minister and the Authority shall, in and in relation to the exercise of powers under this section, act in accordance with Articles III and V of the Convention as applying by virtue of Article II of the Protocol or, if the Protocol has not entered into force, in accordance with those Articles of the Convention as they would apply by virtue of that Article of the Protocol if the Protocol had entered into force. For this purpose, those Articles of the Convention as applying by virtue of Article II of the Protocol are taken to extend to the taking of measures under this section elsewhere than on the high seas.
 (5) This section shall not be construed as limiting or otherwise affecting any right or power that the Commonwealth may have, whether under international law, under this Act or otherwise, apart from this section.
 (6) Where an expression (other than high seas) is used in this section (other than paragraph (2B)(c), (d), (e), (f), (g) or (h) or (2C)(a), (b), (c) or (d)):
 (a) if the expression is also used in the Protocol (whether or not a particular meaning is assigned to it by the Protocol)—the expression has, in this section, the same meaning as in the Protocol; or
 (b) subject to paragraph (a), if the expression is also used in the provisions of the Convention referred to in paragraph 1 of Article II of the Protocol (whether or not a particular meaning is assigned to it by the Convention)—the expression has, in this section, the same meaning as in the Convention.
 (7) A direction under this Act is taken to relate to a ship involved in a maritime casualty referred to in subsection (1) even if the direction is issued under subparagraph (2)(b)(iv).