Document ID: chunk:federal_register_of_legislation:C2004A03968:body:0:p5
Version: federal_register_of_legislation:C2004A03968
Segment Type: other
Provision Reference: 
Character Range: 10332–12920

a reference to the Australian seabed were a reference to the seabed in Area A.".

9. After section 58a of the Principal Act the following section is inserted:

Direct journeys between certain resources installations and external places prohibited

"58b. (1) In this section:

'external place' does not include Indonesia.

"(2) Subject to subsection (6), where a person travels from an external place to a resources installation in Area A (whether or not in the course of a longer journey) without entering either Australia or Indonesia:

(a) that person; and

(b) the owner of the installation; and

    (c) the owner and person in charge of the ship or aircraft on which the person arrives at the installation;

are each guilty of an offence against this section.

"(3) Subject to subsection (6), where goods are taken from an external place to a resources installation in Area A (whether or not previously brought to that place from another place) without being taken into either Australia or Indonesia:

(a) the owner of the goods at the time of their arrival at the installation; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on which the goods arrive at the installation; are each guilty of an offence against this section.

"(4) Subject to subsection (6), where a person travels from a resources installation in Area A to an external place (whether or not in the course of a longer journey) without entering either Australia or Indonesia:

(a) that person; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on which the person left the installation;

are each guilty of an offence against this section.

"(5) Subject to subsection (6), where goods are sent from a resources installation in Area A to an external place (whether or not the goods are sent on from that place) without being taken into Australia or Indonesia:

(a) the person who sends the goods; and

(b) the owner of the installation; and

(c) the owner and person in charge of the ship or aircraft on which the goods leave the installation;

are each guilty of an offence against this section.

"(6) It is a defence to a prosecution for an offence against this section that the journey because of which the offence would have been committed:

    (a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life; or

    (b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight