Document ID: chunk:federal_register_of_legislation:C2024C00456:section:7
Version: federal_register_of_legislation:C2024C00456
Segment Type: section
Provision Reference: s 7
Character Range: 11102–13644

7  Extraterritorial operation of this Act

This Act and Regulatory Powers Act generally apply within and outside Australia
 (1) Subject to this section, this Act, and the Regulatory Powers Act as it applies in relation to this Act, extend to acts, omissions, matters and things outside Australia.

Regulatory provisions apply beyond the contiguous zone only to Australian entities
 (2) To the extent that a provision of Part 3, or a provision of the Regulatory Powers Act as it applies in relation to Part 3, has effect in relation to waters or a place beyond the outer limits of the contiguous zone of Australia, that provision applies only in relation to Australian entities.

Regulatory provisions apply to all persons and vessels in Australia and the territorial sea
 (3) To the extent that a provision of Part 3 (except section 30), or a provision of the Regulatory Powers Act as it applies in relation to Part 3, has effect in relation to Australia or the territorial sea of Australia, that provision applies in relation to all persons, including foreign persons, and to all vessels, including foreign vessels.

Prohibition on damaging etc. protected underwater cultural heritage also applies to all persons and vessels up to the outer limits of contiguous zone
 (4) To the extent that section 30, or a provision of the Regulatory Powers Act as it applies in relation to that section, has effect in relation to Australia, the territorial sea of Australia or the contiguous zone of Australia, that section or provision applies in relation to all persons, including foreign persons, and to all vessels, including foreign vessels.

This Act and the Regulatory Powers Act have effect subject to international law obligations
 (5) This Act, and the Regulatory Powers Act as it applies in relation to this Act, have effect subject to:
 (a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and
 (b) any law of the Commonwealth giving effect to such an agreement.

Definitions
 (6) In this section:
Australian entity means:
 (a) an Australian citizen; or
 (b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory; or
 (c) a ship that has Australian nationality under section 29 of the Shipping Registration Act 1981.
foreign person means a person other than an Australian entity.
foreign vessel means a vessel other than a ship that has Australian nationality under section 29 of the Shipping Registration Act 1981.