Document ID: chunk:federal_register_of_legislation:C2016C00940:section:15
Version: federal_register_of_legislation:C2016C00940
Segment Type: section
Provision Reference: s 15
Character Range: 12712–15138

15  Visits of foreign ships and aircraft etc.
 (1) Nothing in this Part makes it unlawful for a person (including the Commonwealth, a State or a Territory or an authority of the Commonwealth, a State or a Territory) to allow or facilitate:
 (a) a visit to a port in Australia by a foreign ship;
 (b) a visit to an airfield in Australia by a foreign aircraft;
 (c) navigation through Australian waters by a foreign ship; or
 (d) the transit through the airspace over Australia by a foreign aircraft;
whether or not Australia is required under international law to allow that visit, navigation or transit.
 (2) No act done in relation to a nuclear explosive device that is on:
 (a) a foreign ship exercising a right under international law to navigate through Australian waters;
 (b) a foreign aircraft exercising a right under international law of transit through the airspace over Australia;
 (c) a foreign ship visiting a port in Australia;
 (d) a foreign aircraft visiting an airfield in Australia;
 (e) a foreign ship navigating through Australian waters with the concurrence or acquiescence of the Commonwealth; or
 (f) a foreign aircraft in transit through the airspace over Australia with the concurrence or acquiescence of the Commonwealth;
constitutes an offence against subsection 8(2) or section 10, 11 or 13.
 (3) Section 10 does not apply to or in relation to a nuclear explosive device of a foreign country, being a nuclear explosive device that is outside Australia.
 (4) The reference in subsection (2) to an act done in relation to a nuclear explosive device includes a reference to the possession of, or having control over, a nuclear explosive device.
 (5) A reference in this section to a visit by a foreign ship to a port in Australia includes a reference to such a visit by a ship for the purposes of dry‑docking.
 (6) A visit by a foreign ship to Australia for the purposes of dry‑docking otherwise than at a port shall be deemed, for the purposes of this section, to be a visit by that ship to a port in Australia for the purposes of that dry‑docking.
 (7) A reference in this section to navigation through Australian waters includes a reference to presence in those waters (whether or not in the course of navigation through those waters).
 (8) In this section, Australian waters means:
 (a) the territorial sea of Australia; and
 (b) the sea on the landward side of the territorial sea of Australia.