Document ID: chunk:federal_register_of_legislation:C2004A03513:body:0:p15
Version: federal_register_of_legislation:C2004A03513
Segment Type: other
Provision Reference: 
Character Range: 35718–38379

cease to be part of Australia if:
     (a) the installation is detached from its location for the purpose of being taken to a place that is not in an adjacent area or in a coastal area; or
     (b) after having been detached from its location otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place that is not in an adjacent area or in a coastal area.
"(4) In this section:
     (a) 'adjacent area', 'Australian seabed', 'coastal area', 'resources installation' and 'sea installation' have the same respective meanings as in the Customs Act 1901;
     (b) a resources installation shall be taken to be attached to the Australian seabed if it would be taken to be so attached for the purposes of the Customs Act 1901;
     (c) a sea installation shall be taken to be installed in an adjacent area if it would be taken to be so installed for the purposes of the Customs Act 1901; and
     (d) a sea installation shall be taken to be installed in a coastal area if it would be taken to be so installed for the purposes of the Customs Act 1901.".

Powers of officers in relation to resources installations
26. Section 87a of the Principal Act is amended:
     (a) by inserting in subsection (1) "resources" after "Australian" (first occurring);
     (b) by omitting from subsection (1) "Australian" (last occurring); and
     (c) by inserting in subsection (2) "resources" after "Australian".

27. After section 87a of the Principal Act the following section is inserted:

Powers of officers in relation to sea installations
"87b. (1) An officer has, and may exercise, the same powers in relation to an Australian sea installation on which excisable goods are manufactured or produced as the officer would have if the installation were a factory.
"(2) In subsection (1), 'Australian sea installation' has the same meaning as in the Customs Act 1901.".

Transitional provision
28. A person is not liable to prosecution for an offence under a provision of the Principal Act as amended by this Act in relation to any act done or omitted to be done on or in relation to an Australian sea installation on a day occurring after the commencement of this section and before the day on which the Sea Installations Act 1987 receives the Royal Assent.

PART V—AMENDMENT OF THE EXCISE TARIFF ACT 1921

Principal Act
29. In this Part, "Principal Act" means the Excise Tariff Act 19214.

Repeal of section 5a
30. Section 5a of the Principal Act is repealed.

PART VI—AMENDMENTS OF THE MIGRATION ACT 1958

Principal Act
31. In this Part, "Principal Act" means the Migration Act 19585.

Interpretation
32.