Document ID: chunk:federal_register_of_legislation:C2024C00547:section:46:p1
Version: federal_register_of_legislation:C2024C00547
Segment Type: section
Provision Reference: s 46 (pt 1/2)
Character Range: 27233–29650

46  Application of laws in areas adjacent to States
 (1) Subject to this Act and the regulations, the laws, whether written or unwritten, in force in a State for the time being (other than laws of the Commonwealth) and any instrument having effect under any of those laws, apply, as provided by, and by force of, this section, in relation to sea installations installed, or being installed, in the adjacent area of the State and so apply as if that area were part of that State and of the Commonwealth.
 (2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act.
 (3) A law shall be taken to be a law in force in a State notwithstanding that it applies to part only of the State.
 (4) Without limiting the operation of subsection (1), a law or instrument referred to in that subsection relating to a State applies:
 (a) in relation to:
 (i) an act or omission that takes place on or in the vicinity of; and
 (ii) a matter that exists or arises in relation to;
  a sea installation installed, or being installed, in the adjacent area of the State or a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for any reason relating to such a sea installation;
 (b) in relation to a person who:
 (i) is on such a sea installation;
 (ii) is in the adjacent area for a reason of the kind referred to in paragraph (a); or
 (iii) is on or in the vicinity of a ship, aircraft, structure or installation, or equipment or other property, that is in the adjacent area for a reason of the kind referred to in paragraph (a); and
 (c) in relation to a person in respect of the person carrying on any operation or doing any work in the adjacent area for a reason of the kind referred to in paragraph (a).
 (5) This section does not:
 (a) give to a law of a State an operation, as law of the Commonwealth, that it would not have, as law of the State, if the adjacent area of the State were within so much of the part of the area described in Schedule 1 to the Petroleum Act under the heading that refers to that State as is on the landward side of the adjacent area;
 (b) extend to the provisions of any law or instrument in so far as those provisions, as