Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5:p17
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5 (pt 17/21)
Character Range: 80697–83266

has functional English at a particular time if:
 (a) the person passes a test that:
 (i) is approved in writing by the Minister for the purposes of this subsection; and
 (ii) is conducted by a person, or organisation, approved for the purposes of this subsection by the Minister by notice in the Gazette; or
 (b) the person provides the Minister with prescribed evidence of the person's English language proficiency.
 (3) Any power that may be exercised by an authorized officer or by an officer under this Act may also be exercised by the Minister.
 (4) Where, in any provision of this Act, reference is made to the exercise of a power by an authorized officer or by an officer and that power is a power which, by virtue of subsection (3), may also be exercised by the Minister, that reference shall be construed as including a reference to the exercise of that power by the Minister.
 (5) The Minister may, by notice published in the Gazette:
 (a) appoint ports in an external Territory to which this Act extends as proclaimed ports for the purposes of this Act and fix the limits of those ports; and
 (b) appoint airports in an external Territory to which this Act extends as proclaimed airports for the purposes of this Act and fix the limits of those airports.
 (6) For the purposes of this Act, where a resources installation that has been brought into Australian waters from a place outside the outer limits of Australian waters becomes attached to the Australian seabed:
 (a) the installation shall be deemed to have entered Australia at the time when it becomes so attached;
 (b) any person on board the installation at the time when it becomes so attached shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.
 (7) For the purposes of this Act, where a sea installation that has been brought into Australian waters from a place outside the outer limits of Australian waters is installed in an adjacent area or in a coastal area:
 (a) the installation shall be deemed to have entered Australia at the time that it becomes so installed; and
 (b) any person on board the installation at the time that it becomes so installed shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.
 (8) The Minister may, by notice published in the Gazette, declare an area adjacent to the Protected Zone and to the south of the line described in Annex 5