Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:1_51sl
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 1 cl 51SL
Character Range: 22293–23995

51SL  Declaration of offshore designated area

 (1) The authorising Ministers may, in writing, declare that a specified area, being the whole or a part of an offshore general security area, is an offshore designated area for the purposes of the application of this Division and Division 4 in relation to members of the Defence Force who are being utilised in accordance with section 51D.

 (2) The area:
 (a) may be specified by reference to an area surrounding one or more vessels or aircraft, or surrounding a class of vessels or aircraft, being an area the boundaries of which change as the location of the vessels or aircraft changes; and
 (b) may include areas within the internal waters of a State or Territory if the order under section 51AA includes the internal waters of the State or Territory.

Where no longer an offshore general security area

 (3) To avoid doubt, if the whole or part of the area later ceases to be within an offshore general security area, the whole or the part ceases to be an offshore designated area.

Declaration to be notified

 (4) If the authorising Ministers make a declaration under subsection (1), they must arrange for a statement that:
 (a) states that the declaration has been made; and
 (b) describes the offshore designated area and its boundaries;
to be notified to persons in the offshore designated area to the extent that this is practicable.

 (5) However, subsection (4) does not apply if the authorising Ministers declare, in writing, that they are satisfied that the application of subsection (4) would prejudice the exercise of powers under Subdivision B by members of the Defence Force who are being utilised in accordance with section 51D.