Document ID: chunk:federal_register_of_legislation:C2008C00398:section:4:p1
Version: federal_register_of_legislation:C2008C00398
Segment Type: section
Provision Reference: s 4 (pt 1/7)
Character Range: 1612–4404

4  Provisions to give effect to the Treaty

 (1) A person to whom this Act applies, not being an Australian citizen, is not subject to the laws in force in the Territory in respect of any act or omission occurring while he or she is in Antarctica for the purpose of exercising his or her functions.

 (2) A person to whom this Act applies, being an Australian citizen, is subject to the laws in force in the Territory in respect of any act or omission occurring while he or she is in Antarctica for the purpose of exercising his or her functions, being an act or omission occurring beyond the Territory, as if the act or omission had occurred in the Territory.

 (3) The jurisdiction of any court of the Australian Capital Territory (including the Supreme Court of the Australian Capital Territory) that that court possesses by virtue of the Australian Antarctic Territory Act 1954‑1957 extends to jurisdiction in respect of or in relation to acts or omissions referred to in the last preceding subsection, as if the acts or omissions had occurred in the Territory.

 (4) Nothing in this section prejudices or in any way affects the rights, or the exercise of the rights, of any country under international law with regard to the high seas within Antarctica.

The Schedule

Section 3
THE ANTARCTIC TREATY

The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America,

Recognizing that it is in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord;

Acknowledging the substantial contributions to scientific knowledge resulting from international cooperation in scientific investigation in Antarctica;

Convinced that the establishment of a firm foundation for the continuation and development of such cooperation on the basis of freedom of scientific investigation in Antarctica as applied during the International Geophysical Year accords with the interest of science and the progress of all mankind;

Convinced also that a treaty ensuring the use of Antarctica for peaceful purposes only and the continuance of international harmony in Antarctica will further the purposes and principles embodied in the Charter of the United Nations;

Have agreed as follows:

ARTICLE I

1. Antarctica shall be used for peaceful purposes only. There shall be prohibited, inter alia, any measures of a military nature, such as the establishment of military bases and fortifications, the carrying out of military maneuvers, as well as the testing of any type of weapons.
2. The