Document ID: chunk:federal_register_of_legislation:C2024C00598:section:5:p2
Version: federal_register_of_legislation:C2024C00598
Segment Type: section
Provision Reference: s 5 (pt 2/3)
Character Range: 38016–40756

The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor‑Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area:
 (a) nationals of a foreign country who are not nationals or permanent residents of Timor‑Leste;
 (b) aircraft with the nationality of a foreign country other than Timor‑Leste;
 (c) vessels with the nationality of a foreign country other than Timor‑Leste;
 (d) members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c).
 (4C) Despite subsections (2), (4) and (4A), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area does not apply in relation to an act, omission, matter or thing that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time.
Note: The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
 (4D) Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.
Note: Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.

Definitions
 (5) In this Act:
Australian aircraft means:
 (a) an aircraft that is owned, possessed or controlled by:
 (i) the Commonwealth or a Commonwealth agency; or
 (ii) a State, a self‑governing Territory or an agency of a State or self‑governing Territory; or
 (b) an aircraft that is registered in Australia.
Australian jurisdiction means the land, waters, seabed and airspace in, under or above:
 (a) Australia; or
 (b) an external Territory; or
 (c) the exclusive economic zone; or
 (d) the continental shelf.
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901.
Australian national means:
 (a) an Australian citizen; or
 (b) a corporation incorporated in Australia or an external Territory.
Australian permanent resident means a person who:
 (a) is not an Australian citizen; and
 (b)