Federal Register of Legislation - Australian Government

Primary content

Act No. 51 of 1982 as made
An Act to apply the provisions of certain Acts to off-shore installations
Administered by: Treasury
Date of Assent 16 Jun 1982
Date of repeal 10 Dec 2015
Repealed by Amending Acts 1980 to 1989 Repeal Act 2015

1.jpg

Off-shore Installations (Miscellaneous Amendments) Act 1982

No. 51 of 1982

TABLE OF PROVISIONS

PART I—PRELIMINARY

Section

1.          Short title

2.          Commencement

PART II—AMENDMENTS OF THE CUSTOMS ACT 1901

3.          Principal Act

4.          Interpretation

5.          Insertion of new section—

5a.        Attachment of overseas installations

6.          Comptroller-General

7.          Collectors of Customs

8.          Persons not to move goods subject to the control of the Customs

9.          Insertion of new section—

33a.      Installations subject to the control of the Customs

10.        Ships and aircraft deemed to be imported

11.        Entry at places other than ports or airports

12.        Boarding stations

13.        Repeal of section 61 and insertion of new section—

61.         Facility for boarding

14.        Report of cargo

15.        Insertion of new section—

64a.      Ships or aircraft arriving at certain places

16.        Certificate of clearance

17.        Repeal of section 187 and insertion of new section—

187.      Power to board and search



TABLE OF PROVISIONS—continued

Section

18.        Boarding

19.        Searching

20.        Seals, &c., not to be broken

21.        Power to question passengers, &c.

22.        Forfeited ships and aircraft

23.        Insertion of new section—

228a.    Forfeited installations

24.        Insertion of new section—

277a.    Jurisdiction of courts

25.        Transitional provisions

PART III—AMENDMENTS OF THE CUSTOMS AMENDMENT ACT 1981

26.        Principal Act

27.        Ships and aircraft to obey signals

28.     Amendments of section 24

PART IV—AMENDMENTS OF THE EXCISE ACT 1901

29.        Principal Act

30.        Comptroller-General

31.        Insertion of new section—

87a.      Powers of officers in relation to installations

32.        Insertion of new section—

159a.    Jurisdiction of courts

PART V—AMENDMENTS OF THE IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980

33.        Principal Act

34.        Interpretation

35.        Insertion of new section—

3b.         Certain installations to be part of Australia

36.        Aircraft or ships to which Act applies

37.        Vessels bringing certain persons to Australia

38.        Permits to disembark from certain vessels

39.        Powers of officers

40.        Minister may require vessels to be repaired

41.        Vessels may be required to depart

PART VI—AMENDMENTS OF THE MIGRATION ACT 1958

42.        Principal Act

43.        Interpretation

44.        Insertion of new section—

5b.         Certain installations to be part of Australia

45.        Carriage of persons to Australia without documentation

46.        Persons entering Australia in certain circumstances to be prohibited immigrants

47.       Duty of master, &c., of vessel or installation which brought deportee to Australia to provide passage

48.        Insertion of new section—

23a.      Production of identity documents by person in charge of installation

49.        Custody of prohibited immigrant during stay of vessel in Australia

50.        Custody of prohibited immigrant during stay of aircraft in Australia

51.        Powers of entry and search



TABLE OF PROVISIONS—continued

PART VII—AMENDMENTS OF THE QUARANTINE ACT 1908

Section

52.        Principal Act

53.        Scope of quarantine

54.        Interpretation

55.        Delegation of authority

56.        Emergency quarantine grounds

57.        Exemption of certain vessels and goods

58.        Insertion of new sections—

16aa.   Certain installations to be part of Australia

16ab.    Certain goods deemed to be imported into Australia

59.        Vessel or installation subject to quarantine

60.        Persons and goods subject to quarantine

61.        Continuance of liability to quarantine

62.        Vessels to enter certain ports

63.        Landing places for aircraft

64.        Insertion of new section—

20aa.   Permission to enter place other than first port of entry

65.        Aircraft landing at places other than landing places

66.        Quarantine signals on vessels and installations

67.        Notification of outbreak of disease

68.        Unauthorized person not to board or approach vessel or installation

69.        Insertion of new section—

25a.      Boarding of installations

70.        Repeal of section 27 and insertion of new section—

27.         Health reports

71.        Master and medical officer to answer questions

72.        No person to be allowed to quit vessel or installation subject to quarantine

73.        Persons prohibited from quitting vessels, installations and quarantine areas

74.        Apprehension of persons liable to quarantine

75.        Pratique

76.        Insertion of new section—

33a.      Grant of pratique to installations

77.        Order to perform quarantine

78.        Vessel or installation having communicable disease on board

79.        Master, when so ordered, to convey vessel or installation into quarantine

80.        When vessel or installation deemed to be in quarantine

81.        Particulars to be given

82.        Performance of quarantine by vessel or installation

83.        Vessel or installation in quarantine not to be moved except in accordance with Act

84.        Cleansing and disinfecting vessels and installations

85.        Goods not to be removed

86.        Removal from vessels or installations of goods in quarantine

87.        Landed cargo in quarantine

88.        Performance of quarantine by persons

89.        Release from quarantine

90.        Performance of quarantine by goods

91.        Animals or plants to be landed at declared port

92.        Quarantine control of imported animals

93.        Insertion of new section—

52a.      Examination of animals or plants on installations

94.        Power to order goods into quarantine

95.        Insertion of new section—

58a.      Interpretation

96.        Liability of owner or agent for expenses of quarantine

97.        Liability of owner, &c., for expenses of passages

98.        Insertion of new section—

70aa.   Inspection of installations

99.        Power to search baggage

100.      Boarding vessel or installation

101.      Medical inspections and examinations


TABLE OF PROVISIONS—continued

Section

102.      Quarantine officer may make inquiries at any time

103.      Power to affix notices

104.      Quarantine information to be given to travellers to Australia

105.      Entry to premises for purposes of examinations

106.      Quarantine Warrants, &c.

107.      Powers relating to vehicles

108.      Cleansing and disinfection of insanitary vessels or installations

109.      Master or medical officer misleading quarantine officer

110.      Maliciously ordering vessels, &c., into quarantine

111.      Insertion of new section—

86b.      Jurisdiction of courts

112.      Regulations

PART VIII—AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930

113.      Principal Act

114.      Interpretation

PART IX—AMENDMENT OF THE SALES TAX ASSESSMENT ACT (No. 5) 1930

115.      Principal Act

116.      Interpretation



1.jpg

Off-shore Installations (Miscellaneous Amendments) Act 1982

No. 51 of 1982

 

 

An Act to apply the provisions of certain Acts to off-shore installations

[Assented to 16 June 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

PART I—PRELIMINARY

Short title

1. This Act may be cited as the Off-shore Installations (Miscellaneous Amendments) Act 1982.

Commencement

2. (1) Subject to sub-section (2), this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(2) Sections 12, 13 and 22 and Part III shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent or on the day on which sections 12 and 24 of the Customs Amendment Act 1981 come into operation, whichever is the later.


 

PART II—AMENDMENTS OF THE CUSTOMS ACT 1901

Principal Act

3. The Customs Act 19011 is in this Part referred to as the Principal Act.

Interpretation

4. Section 4 of the Principal Act is amended—

(a) by inserting after the definition of “Answer questions” in sub-section (1) the following definitions:

“‘Australian installation’ means an installation that is deemed to be part of Australia by virtue of the operation of section 6aa of the Customs Tariff Act 1966;

“‘Australian seabed’ means so much of the seabed adjacent to Australia as is—

(a) within the area comprising—

(i) the areas described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967; and

(ii) the Coral Sea area; and

(b) part of—

(i) the continental shelf of Australia;

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory;

“‘Australian waters’ means waters above the Australian seabed;”;

(b) by inserting after the definition of “Comptroller” in sub-section (1) the following definitions:

“‘Continental shelf has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967;

“‘Coral Sea area’ has the same meaning as in the Petroleum (Submerged Lands) Act 1967;”;

(c) by inserting “, but does not include an Australian installation” after “other place” in the definition of “Country” in sub-section (1);

(d) by inserting after the definition of “Goods under drawback” in sub-section (1) the following definition:

“‘Installation’ means—

(a) an off-shore industry fixed structure; or

(b) an off-shore industry mobile unit;”;


 

(e) by omitting from sub-section (1) the definition of “Master” and substituting the following definition:

“‘Master’ means—

(a) in relation to a ship (not being an installation)—the person in charge or command of the ship; and

(b) in relation to an installation—the person in charge of the installation,

but does not include a pilot or Government officer;”;

(f) by inserting after the definition of “Narcotic substance” in sub-section (1) the following definition:

“‘Natural resources’ means the mineral and other non-living resources of the seabed and its subsoil;”;

(g) by inserting after the definition of “Officer” or “Officer of Customs” in sub-section (1) the following definition:

“‘Overseas installation’ means an installation that—

(a) is in Australian waters; and

(b) has been brought into Australian waters from a place outside the outer limits of Australian waters,

but does not include an Australian installation;”;

(h) by omitting from sub-section (1) the definition of “Ship” and substituting the following definition:

“‘Ship’ means any vessel used in navigation, other than air navigation, and includes—

(a) an off-shore industry mobile unit; and

(b) a barge, lighter or any other floating vessel;”; and

(j) by adding at the end thereof the following sub-sections:

“(5) A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that—

(a) is not able to move or be moved as an entity from one place to another; and

(b) is used or is to be used off-shore in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

“(6) A reference in this Act to an off-shore industry mobile unit shall be read as a reference to—

(a) a vessel that is used or is to be used wholly or principally in—

(i) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or


 

(ii) operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (i); or

(b) a structure (not being a vessel) that—

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or is to be used off-shore wholly or principally in—

(a) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(b) operations or activities associated with, or incidental to, activities of the kind referred to in sub-sub-paragraph (a).

“(7) A vessel of a kind referred to in paragraph (6) (a) or a structure of a kind referred to in paragraph (6) (b) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.

“(8) The reference in sub-paragraph (6) (a) (ii) to a vessel that is used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (6) (a) (i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in—

(a) transporting persons or goods to or from an installation; or

(b) manoeuvring an installation, or in operations relating to the attachment of an installation to the Australian seabed.

“(9) An installation shall be taken to be attached to the Australian seabed if—

(a) the installation—

(i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

(b) the installation—

(i) is in physical contact with, or is brought into physical contact with, another installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and


 

(ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.”.

5. After section 5 of the Principal Act the following section is inserted in Part II:

Attachment of overseas installations

5a. (1) A person shall not, without the permission of the Comptroller given under sub-section (2), cause an overseas installation to be attached to the Australian seabed.

Penalty: $50,000.

“(2) The Comptroller may, by notice in writing given to a person who has applied for permission to cause an overseas installation to be attached to the Australian seabed, give the person permission, subject to such conditions (if any) as are specified in the notice, to cause that installation to be so attached.

“(3) A person who has been given permission under sub-section (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under sub-section (4)), to which that permission is subject.

Penalty: $10,000.

“(4) Where the Comptroller has, under sub-section (2), given a person permission to cause an overseas installation to be attached to the Australian seabed, the Comptroller may, at any time before that installation is so attached, by notice in writing served on the person—

(a) revoke the permission;

(b) revoke or vary a condition to which the permission is subject; or

(c) impose new conditions to which the permission is to be subject.

“(5) Without limiting the generality of sub-section (2), conditions to which a permission given under that sub-section may be subject include—

(a) conditions relating to matters of quarantine; and

(b) conditions requiring the master of an installation to bring the installation to a place specified by the Comptroller for examination for quarantine purposes before the installation is attached to the Australian seabed.”.

Comptroller-General

6. Section 7 of the Principal Act is amended by omitting “throughout the Commonwealth”.


 

Collectors of Customs

7. Section 8 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(2) A reference in sub-section (1) to a State shall be read as including a reference to—

(a) in the case of a State other than the State of Queensland—that part of Australian waters that is within the area described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 that refers to that State; and

(b) in the case of the State of Queensland—that part of Australian waters that is within—

(i) the area described in that Schedule to that Act that refers to the State of Queensland; or

(ii) the Coral Sea area.

“(3) A reference in sub-section (1) to the Northern Territory shall be read as including a reference to that part of Australian waters that is within—

(a) the area described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967 that refers to the Northern Territory; or

(b) the area described in that Schedule to that Act that refers to the Territory of Ashmore and Cartier Islands.”.

Persons not to move goods subject to the control of the Customs

8. Section 33 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(5) A reference in this section to goods shall be read as not including a reference to installations.”.

9. After section 33 of the Principal Act the following section is inserted:

Installations subject to the control of the Customs

“33a. (1) Except with permission in force under sub-section (2), a person shall not use an Australian installation that is subject to the control of the Customs in, or in any operations or activities associated with, or incidental to, exploring or exploiting the Australian seabed.

Penalty: $50,000.

“(2) A Collector may give permission in writing to a person specified in the permission, subject to such conditions (if any) as are specified in the permission, to engage in specified activities in relation to the use of an Australian installation that is subject to the control of the Customs.

“(3) A person who has been given permission under sub-section (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under sub-section (4)) to which that permission is subject.

Penalty: $10,000.


 

“(4) Where a Collector has, under sub-section (2), given a person permission to engage in any activities in relation to an Australian installation, the Collector may, while that installation remains subject to the control of the Customs, by notice in writing served on the person—

(a) suspend or revoke the permission;

(b) revoke or vary a condition to which the permission is subject; or

(c) impose new conditions to which the permission is to be subject.”.

Ships and aircraft deemed to be imported

10. Section 49a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(9) A reference in this section to a ship shall be read as not including a reference to an overseas installation.”.

Entry at places other than ports or airports

11. Section 58 of the Principal Act is amended—

(a) by inserting “, without the permission of a Collector given under sub-section (2),” after “shall not”;

(b) by omitting “$1,000” and substituting “$50,000”; and

(c) by adding at the end thereof the following sub-sections:

“(2) A Collector may, by notice in writing given to the master of a ship or the pilot of an aircraft who has applied for permission to bring his ship or aircraft to a place other than a port or airport, give the person permission, subject to such conditions (if any) as are specified in the notice, to bring the ship or aircraft to, or to remain at, that place.

“(3) A person who has been given permission under sub-section (2) shall not refuse or fail to comply with any condition (including a condition imposed or varied under sub-section (4)) to which that permission is subject.

Penalty: $10,000.

“(4) Where a Collector has, under sub-section (2), given a person permission to bring a ship or aircraft to a place other than a port or airport, the Collector may, at any time before that ship or aircraft is brought to that place, by notice in writing served on the person—

(a) revoke the permission;

(b) revoke or vary a condition to which the permission is subject; or

(c) impose new conditions to which the permission is to be subject.’.

“(5) Conditions to which a permission under sub-section (2) may be subject include conditions relating to matters occurring while the ship or aircraft is at the place to which the permission relates.

“(6) A reference in this section to a ship or aircraft entering, or being brought to, a place other than a port or airport shall be read as


 

including a reference to the ship or aircraft being brought to a ship that is at an Australian installation.”.

Boarding stations

12. Section 60 of the Principal Act is amended—

(a) by inserting in sub-section (1) “and shall permit his ship to be boarded” after “that port”; and

(b) by inserting in sub-section (3) “and shall permit the aircraft to be boarded” after “that airport”.

13. Section 61 of the Principal Act is repealed and the following section is substituted:

Facility for boarding

“61. The master of any ship or the pilot of any aircraft permitting his ship or aircraft to be boarded, or the master of an installation, shall, by all reasonable means, facilitate the boarding of the ship, aircraft or installation by a person who is authorized under this Act to board that ship, aircraft or installation.

Penalty: $5,000.”.

Report of cargo

14. Section 64 of the Principal Act is amended by inserting in sub-section (1) “at a port or airport” after “aircraft arriving”.

15. After section 64 of the Principal Act the following section is inserted:

Ships or aircraft arriving at certain places

“64a. (1) The master of a relevant ship or the pilot of a relevant aircraft shall, if required to do so by a Collector, make a report within such time as is specified by the Collector and in such form as is specified by the Collector, of the ship or aircraft and of the cargo of the ship or aircraft.

Penalty: $2,000.

“(2) The master of a relevant ship or the pilot of a relevant aircraft shall, if required to do so by a Collector, answer questions relating to the ship or aircraft, to its cargo, crew, passengers or stores or to its voyage or flight.

Penalty: $1,000.

“(3) The master of a relevant ship or the pilot of a relevant aircraft shall, if required to do so by a Collector, produce documents relating to the matters referred to in sub-section (2).

Penalty: $1,000.

“(4) In this section—

‘relevant aircraft’ means an aircraft that arrives from parts beyond the seas at a place other than an airport in pursuance of permission granted under section 58;


 

‘relevant ship’ means a ship that arrives from parts beyond the seas at a place other than a port in pursuance of permission granted under section 58.”.

Certificate of clearance

16. Section 118 of the Principal Act is amended by omitting “or airport” and substituting “, airport or other place in Australia”.

17. Section 187 of the Principal Act is repealed and the following section is substituted:

Power to board and search

“187. An officer may—

(a) board any ship or aircraft;

(b) board any Australian installation—

(i) that is subject to the control of the Customs;

(ii) at which there is a ship or aircraft that has come to the installation from parts beyond the seas; or

(iii) on which an officer has reasonable grounds to believe there are goods that are subject to the control of the Customs;

(c) board an installation (other than an Australian installation) in respect of which permission under section 5a has been granted;

(d) search any ship or aircraft or an installation of the kind referred to in paragraph (b) or (c); or

(e) secure any goods on any ship or aircraft or on an installation of the kind referred to in paragraph (b) or (c).”.

Boarding

18. Section 188 of the Principal Act is amended by omitting “or aircraft” (wherever occurring) and substituting “, aircraft or installation”.

Searching

19. Section 189 of the Principal Act is amended by omitting “or aircraft” and substituting “, aircraft or installation”.

Seals, &c., not to be broken

20. Section 191 of the Principal Act is amended by omitting “or aircraft” and substituting “, aircraft or installation”.

Power to question passengers, &c.

21. Section 195 of the Principal Act is amended by inserting in paragraph (1) (a) “or an installation of the kind referred to in paragraph 187 (b) or (c)” after “an aircraft”.


 

Forfeited ships and aircraft

22. Section 228 of the Principal Act is amended by omitting paragraph (2) and substituting the following paragraph:

“(2) Any ship the master of which has refused to permit his ship to be boarded following a request properly made of him under sub-section 59 (1) or (2).”.

23. After section 228 of the Principal Act the following section is inserted:

Forfeited installations

“228a. Any overseas installation that becomes attached to the Australian seabed without the permission of the Comptroller given under sub-section 5a (2) shall be forfeited to the Crown.”.

24. After section 277 of the Principal Act the following section is inserted:

Jurisdiction of courts

“277a. (1) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

“(2) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories, within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under this Act.

“(3) The trial of an offence against a provision of this Act not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.”.

Transitional provisions

25. (1) Regulations made under sub-section 50 (1) of the Principal Act before the commencement of this sub-section and in force at the commencement of this sub-section shall, so long as they continue in force, apply in relation to the doing of any act after the commencement of this sub-section that would, by virtue of the operation of section 6ab or 6ac of the Customs Tariff Act 1966, constitute an importation of goods into Australia.

(2) Regulations made under sub-section 112(1) of the Principal Act before the commencement of this sub-section and in force at the commencement of this sub-section shall, so long as they continue in force, apply in relation to the doing of any act after the commencement of this sub-section that would, by virtue of the operation of section 6ad or 6ae of the Customs Tariff Act 1966, constitute an exportation of goods from Australia.


 

PART III—AMENDMENTS OF THE CUSTOMS AMENDMENT ACT 1981

Principal Act

26. The Customs Amendment Act 19812 is in this Part referred to as the Principal Act.

Ships and aircraft to obey signals

27. Section 12 of the Principal Act is amended—

(a) by inserting “or within 500 metres of an Australian installation” after “coast of Australia” in paragraphs (1) (b) and (2) (b) of the new section 59 that is proposed to be inserted in the Customs Act 1901;

(b) by omitting “to bring his ship to for boarding” from sub-sections (1) and (2) of the new section 59 that is proposed to be inserted in the Customs Act 1901 and substituting “to permit his ship to be boarded”; and

(c) by omitting paragraph (4) (b) of the new section 59 that is proposed to be inserted in the Customs Act 1901 and substituting the following paragraph:

“(b) any aircraft flying over—

(i) Australia;

(ii) the waters within 12 nautical miles of the coast of Australia; or

(iii) the waters within 500 metres of an Australian installation,”.

Amendments of section 24

28. Section 24 of the Principal Act is amended—

(a) by omitting “to bring the ship to for boarding” from sub-section (1) of the new section 184 that is proposed to be inserted in the Customs Act 1901 and substituting “to permit the ship to be boarded”;

(b) by omitting sub-section (1) of the new section 185 that is proposed to be inserted in the Customs Act 1901 and substituting the following sub-section:

“(1) This section applies in relation to, and only in relation to, a ship the master of which has been requested to permit the ship to be boarded pursuant to sub-section 59 (1) or (2) or an aircraft that has been landed for boarding following a request under sub-section 59 (4)”; and

(c) by omitting sub-section (5) of the new section 185 that is proposed to be inserted in the Customs Act 1901 and substituting the following sub-section:

“‘(5) In this section, “officer” includes any person who is in command, or a member of the crew, of the ship or aircraft from which the relevant request under section 59 was made or of any ship or


 

aircraft that was used under section 184 to chase the ship or aircraft in relation to which this section applies.”.

PART IV—AMENDMENTS OF THE EXCISE ACT 1901

Principal Act

29. The Excise Act 19013 is in this Part referred to as the Principal Act.

Comptroller-General

30. Section 8 of the Principal Act is amended by omitting “throughout the Commonwealth”.

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

Powers of officers in relation to installations

“87a. (1) An officer has, and may exercise, the same powers in relation to an Australian installation at which excisable goods are manufactured or produced as he would have if the Australian installation were a factory.

“(2) In sub-section (1), ‘Australian installation’ has the same meaning as in the Customs Act 1901”.

32. Before section 160 of the Principal Act the following section is inserted in Part XIV:

Jurisdiction of courts

“159a. (1) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

“(2) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under this Act.

“(3) The trial of an offence against a provision of this Act not committed within a State may be held by a court of competent jurisdiction at any place where the court may sit.”.

PART V—AMENDMENTS OF THE IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980

Principal Act

33. The Immigration (Unauthorized Arrivals) Act 19804 is in this Part referred to as the Principal Act.


 

Interpretation

34. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “appointed airport” in sub-section (1) the following definitions:

“‘Australian installation’ means an installation that is deemed to be part of Australia by virtue of the operation of section 3b (other than an installation that is in Australian waters);

“‘Australian seabed’ means so much of the seabed adjacent to Australia as is—

(a) within the area comprising—

(i) the areas described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967; and

(ii) the Coral Sea area; and

(b) part of—

(i) the continental shelf of Australia;

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory;”;

(b) by inserting after the definition of “authorized officer” in sub-section (1) the following definitions:

“‘continental shelf has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967;

“‘Coral Sea area’ has the same meaning as in the Petroleum (Submerged Lands) Act 1967;”;

“‘installation’ means—

(a) an off-shore industry fixed structure; or

(b) an off-shore industry mobile unit;”;

(c) by inserting after the definition of “master” in sub-section (1) the following definition:

“‘natural resources’ means the mineral and other non-living resources of the seabed and its subsoil;”;

(d) by inserting in sub-sections (4) and (5) “or is brought to an Australian installation” after “Australian waters”;

(e) by inserting in sub-section (5a) “or is brought to an Australian installation” after “Australian waters” (first occurring);

(f) by inserting in sub-section (5a) “or has previously been brought to an Australian installation” after “Australian waters” (last occurring);


 

(g) by omitting from sub-section (5a) “that first-mentioned entry occurs” and substituting “the ship so enters Australian waters or is so brought to an Australian installation”; and

(h) by adding at the end thereof the following sub-sections:

“(8) A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that—

(a) is not able to move or be moved as an entity from one place to another; and

(b) is used or is to be used off-shore in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

“(9) A reference in this Act to an off-shore industry mobile unit shall be read as a reference to—

(a) a vessel that is used or is to be used wholly or principally in—

(i) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(ii) operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (i); or

(b) a structure (not being a vessel) that—

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or is to be used off-shore wholly or principally in—

(a) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(b) operations or activities associated with, or incidental to, activities of the kind referred to in sub-sub-paragraph (a).

“(10) A vessel of a kind referred to in paragraph (9) (a) or a structure of a kind referred to in paragraph (9) (b) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.

“(11) The reference in sub-paragraph (9) (a) (ii) to a vessel that is used or is to be used wholly or principally in operations or activities


 

associated with, or incidental to, activities of the kind referred to in sub-paragraph (9) (a) (i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in—

(a) transporting persons or goods to or from an installation; or

(b) manoeuvring an installation, or in operations relating to the attachment of an installation to the Australian seabed.

“(12) An installation shall be taken to be attached to the Australian seabed if—

(a) the installation—

(i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

(b) the installation—

(i) is in physical contact with, or is brought into physical contact with, another installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and

(ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.”.

35. After section 3a of the Principal Act the following section is inserted:

Certain installations to be part of Australia

3b. (1) For the purposes of this Act, an installation that—

(a) becomes attached to the Australian seabed after the commencement of this sub-section; or

(b) at the commencement of this sub-section, is attached to the Australian seabed,

shall, subject to sub-section (2), be deemed to be part of Australia and shall be deemed not to be a place outside Australia.

“(2) An installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes of this Act, cease to be part of Australia if—

(a) the installation is detached from the Australian seabed, or from another installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of the continental shelf of Australia (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or


 

(b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of the continental shelf of Australia (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).”.

Aircraft or ships to which Act applies

36. Section 4 of the Principal Act is amended—

(a) by inserting in paragraph (2) (a) “or is brought to an Australian installation” after “Australian waters”;

(b) by inserting in sub-section (2) “or upon being brought to that installation, as the case may be,” after “Australian waters” (last occurring); and

(c) by omitting sub-sections (3c) and (4) and substituting the following sub-sections:

“(3c) For the purposes of sub-section (3b), neither the Territory of Christmas Island nor any Australian installation shall be taken to be part of Australia.

“(4) A ship that becomes a ship to which this Act applies by virtue of sub-section (2) continues to be such a ship until—

(a) in a case to which paragraph (b) does not apply—the ship departs from Australian waters; and

(b) in the case of a ship that becomes a ship to which this Act applies by reason of its being brought to an Australian installation—the ship departs from that installation.”.

Vessels bringing certain persons to Australia

37. Section 6 of the Principal Act is amended—

(a) by inserting in sub-section (4) “or is travelling through waters within 500 metres of an Australian installation” after “Australian waters” (wherever occurring);

(b) by inserting in sub-section (5) “or was brought to an Australian installation” after “Australian waters”;

(c) by inserting in paragraph (8) (b) “or was brought to an Australian installation, as the case requires,” after “Australian waters” (first occurring); and

(d) by inserting in paragraph (8) (b) “or brought to the Australian installation” after “Australian waters” (last occurring).

Permits to disembark from certain vessels

38. Section 9 of the Principal Act is amended—

(a) by inserting in sub-section (2) “or to an Australian installation” after “Australian waters”;


 

(b) by inserting in sub-section (3) “or when it was brought to an Australian installation, as the case requires” after “Australian waters” (wherever occurring); and

(c) by inserting in paragraph (4) (c) “or at an Australian installation” after “Australian waters”.

Powers of officers

39. Section 16 of the Principal Act is amended by inserting “or at an Australian installation” after “Australian waters”.

Minister may require vessels to be repaired

40. Section 18 of the Principal Act is amended by inserting in paragraph (2) (a) “or to an Australian installation, as the case requires,” after. “Australian waters”.

Vessels may be required to depart

41. Section 19 of the Principal Act is amended—

(a) by inserting in sub-paragraph (2) (a) (i) “or to an Australian installation” after “Australian waters”;

(b) by inserting in sub-section (2) “or to leave the Australian installation, as the case may be,” after “Australian waters” (last occurring); and

(c) by inserting in sub-section (3) “or the Australian installation” after “Australian waters” (wherever occurring).

PART VI—AMENDMENTS OF THE MIGRATION ACT 1958

Principal Act

42. The Migration Act 19585 is in this Part referred to as the Principal Act.

Interpretation

43. Section 5 of the Principal Act is amended—

(a) by inserting before the definition of “authorized officer” in sub-section (1) the following definitions:

“‘Australian installation’ means an installation that is deemed to be part of Australia by virtue of the operation of section 5b;

“‘Australian seabed’ means so much of the seabed adjacent to Australia as is—

(a) within the area comprising—

(i) the areas described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967; and

(ii) the Coral Sea area; and

(b) part of—

(i) the continental shelf of Australia;


 

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory;

“‘Australian waters’ means waters above the Australian seabed;”;

(b) by inserting after the definition of “authorized officer” in sub-section (1) the following definitions:

“‘continental shelf’ has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967;

“‘Coral Sea area’ has the same meaning as in the Petroleum (Submerged Lands) Act 1967;”;

(c) by inserting before the definition of “master” in sub-section (1) the following definition:

“‘installation’ means—

(a) an off-shore industry fixed structure; or

(b) an off-shore industry mobile unit;”;

(d) by inserting “or installation” after “vessel” (wherever occurring) in the definition of “master” in sub-section (1);

(e) by inserting after the definition of “member of the crew” in sub-section (1) the following definition:

“‘natural resources’ means the mineral and other non-living resources of the seabed and its subsoil;”;

(f) by omitting “or a proclaimed airport” from the definition of “port” in sub-section (1) and substituting “, a proclaimed airport or an Australian installation”.

(g) by inserting after sub-section (2) the following sub-section:

“(2a) For the purposes of this Act, where an installation that has been brought into Australian waters from a place outside the outer limits of Australian waters becomes attached to the Australian seabed—

(a) the installation shall be deemed to have entered Australia at the time when it becomes so attached; and

(b) any person on board the installation at the time when it becomes so attached shall be deemed to have travelled to Australia on board that installation, to have entered Australia at that time and to have been brought into Australia at that time.”; and

(h) by adding at the end thereof the following sub-sections:


 

“(7) A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that—

(a) is not able to move or be moved as an entity from one place to another; and

(b) is used or is to be used off-shore in, or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

“(8) A reference in this Act to an off-shore industry mobile unit shall be read as a reference to—

(a) a vessel that is used or is to be used wholly or principally in—

(i) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(ii) operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (i); or

(b) a structure (not being a vessel) that—

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or is to be used off-shore wholly or principally in—

(a) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(b) operations or activities associated with, or incidental to, activities of the kind referred to in sub-sub-paragraph (a).

“(9) A vessel of a kind referred to in paragraph (8) (a) or a structure of a kind referred to in paragraph (8) (b) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.

“(10) The reference in sub-paragraph (8) (a) (ii) to a vessel that is used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (8) (a) (i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in—

(a) transporting persons or goods to or from an installation; or


 

(b) manoeuvring an installation, or in operations relating to the attachment of an installation to the Australian seabed.

“(11) An installation shall be taken to be attached to the Australian seabed if—

(a) the installation—

(i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

(b) the installation—

(i) is in physical contact with, or is brought into physical contact with, another installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and

(ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.”.

44. After section 5a of the Principal Act the following section is inserted in Part I:

Certain installations to be part of Australia

5b. (1) For the purposes of this Act, an installation that—

(a) becomes attached to the Australian seabed after the commencement of this sub-section; or

(b) at the commencement of this sub-section, is attached to the Australian seabed,

shall, subject to sub-section (2), be deemed to be part of Australia and shall be deemed not to be a place outside Australia.

“(2) An installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes of this Act, cease to be part of Australia if—

(a) the installation is detached from the Australian seabed, or from another installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

(b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of


 

Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).”.

Carriage of persons to Australia without documentation

45. Section 11c of the Principal Act is amended by adding at the end thereof the following sub-section:

“(7) A reference in this section to a vessel shall be read as including a reference to an installation.”.

Persons entering Australia in certain circumstances to be prohibited immigrants

46. Section 16 of the Principal Act is amended by inserting in paragraph (4) (b) “(other than an Australian installation)” after “place”.

Duty of master, &c., of vessel or installation which brought deportee to Australia to provide passage

47. Section 21 of the Principal Act is amended—

(a) by inserting in sub-section (1) “(not being a person referred to in sub-section (3a))” after “a person”;

(b) by inserting in sub-section (3) “(not being a person referred to in sub-section (3a))” after “a person”;

(c) by inserting after sub-section (3) the following sub-section:

“(3a) Where the Minister has ordered the deportation of a person, being a person who is deemed to have entered Australia by virtue of the operation of sub-section (2a) of section 5, by virtue of, or by reference to, sub-section (1) of section 6, section 13 or paragraph (a), (b) or (c) of sub-section (1) of section 16, an authorized officer may, by notice in writing, require the master, owner, agent or charterer of the installation on which the deportee arrived in Australia to provide, without charge to the Commonwealth, a passage for the deportee to a place outside Australia.”; and

(d) by omitting from sub-section (8) all the words from and including “The master,” to and including “for a deportee, if’’ and substituting the following:

“The master, owner, agent or charterer of a vessel shall not be required, under sub-section (1) or (3), to remove a deportee from Australia or to provide a passage for a deportee, and the master, owner, agent or charterer of an installation shall not be required, under sub-section (3a), to provide a passage for a deportee if”.


 

48. After section 23 of the Principal Act the following section is inserted:

Production of identity documents by person in charge of installation

“23a. The person in charge of an installation that has been brought into Australian waters from a place outside the outer limits of Australian waters for the purpose of being attached to the Australian seabed—

(a) shall, upon the arrival of the installation at the place at which it is to be so attached, have in his possession an identity document in respect of each person on board the installation;

(b) shall, upon the arrival of the installation at the place at which it is to be so attached, if so required by an officer, produce to the officer the identity documents referred to in paragraph (a);

(c) shall, before the installation is detached from the Australian seabed, or from another installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters, if so required by an officer, produce an identity document in respect of each person who is on board the installation at the time when it is to be so detached; and

(d) shall not, where a requirement has been made of him under paragraph (c), cause the installation to depart from the place at which it was attached to the Australian seabed unless the requirement has been complied with.

Penalty: $500.”.

Custody of prohibited immigrant during stay of vessel in Australia

49. Section 36 of the Principal Act is amended—

(a) by omitting from sub-section (1) “taken ashore by an officer and”;

(b) by inserting in sub-section (1) “at such place as the authorized officer directs” after “authorized officer directs” (first occurring);

(c) by omitting from sub-section (1a) “taken ashore by an officer and”; and

(d) by inserting in sub-section (1a) “at such place as the authorized officer directs” after “authorized officer directs” (first occurring).

Custody of prohibited immigrant during stay of aircraft in Australia

50. Section 36a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(9) A reference in this section to a proclaimed airport shall be read as including a reference to an Australian installation.”.

Powers of entry and search

51. Section 37 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:

“(2a) A reference in sub-section (1) or (2) to a vessel shall be read as including a reference to an Australian installation.”.


 

PART VII—AMENDMENTS OF THE QUARANTINE ACT 1908

Principal Act

52. The Quarantine Act 19086 is in this Part referred to as the Principal Act.

Scope of quarantine

53. Section 4 of the Principal Act is amended by inserting “installations,” after “vessels,”.

Interpretation

54. Section 5 of the Principal Act is amended—

(a) by inserting before the definition of “Australian vessel” in sub-section (1) the following definitions:

“‘Australian installation’ means an installation that is deemed to be part of Australia by virtue of the operation of section 16aa;

‘Australian seabed’ means so much of the seabed adjacent to Australia as is—

(a) within the area comprising—

(i) the areas described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967; and

(ii) the Coral Sea area; and

(b) part of—

(i) the continental shelf of Australia;

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory;”;

(b) by inserting after the definition of “Australian vessel” in sub-section (1) the following definition:

“‘Australian waters’ means waters above the Australian seabed;”;

(c) by inserting after the definition of “Cocos Islands vessel” in sub-section (1) the following definitions:

“‘Continental Shelf has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967;

“‘Coral Sea area’ has the same meaning as in the Petroleum (Submerged Lands) Act 1967;”;


 

(d) by inserting after the definition of “Imported” in sub-section (1) the following definition:

“‘Installation’ means—

(a) an off-shore industry fixed structure; or

(b) an off-shore industry mobile unit;”;

(e) by omitting from sub-section (1) the definition of “Master” and substituting the following definition:

“‘Master’ means—

(a) in relation to a vessel—the person (other than a ship’s pilot) in charge or command of the vessel; and

(b) in relation to an installation—the person (other than a ship’s pilot) in charge or command of the installation;”;

(f) by inserting after the definition of “Medical Officer” in sub-section (1) the following definition:

“‘Natural resources’ means the mineral and other non-living resources of the seabed and its subsoil;”;

(g) by inserting after the definition of “Officer” in sub-section (1) the following definition:

“‘Overseas installation’ means an installation that—

(a) is in Australian waters; and

(b) has been brought into Australian waters from a place (including a place at sea) outside the outer limits of Australian waters for the purpose of becoming attached to the Australian seabed,

but does not include an Australian installation;”;

(h) by omitting from sub-section (1) the definition of “Pratique” and substituting the following definition:

“‘Pratique’ means—

(a) in relation to a vessel—pratique granted by a quarantine officer since the last arrival of the vessel from—

(i) in the case of a vessel in, or about to arrive in, Australia—places outside Australia; or

(ii) in the case of a vessel in, or about to arrive in, the Cocos Islands—places outside the Cocos Islands,

and having effect at the port where the vessel is for the time being or is about to arrive; and

(b) in relation to an overseas installation—pratique granted by a quarantine officer since the last arrival of the installation from a place (including a place at sea) outside the outer limits of Australian waters and having effect in the place (including a place at sea) where the installation is for the time being or is about to be taken;”;


 

(j) by inserting “, and includes an off-shore industry mobile unit (being an overseas installation) that is bound for, or is at, a port” after “air” in the definition of “Vessel” in sub-section (1);

(k) by inserting in sub-section (2) “or installation” after “vessel” (wherever occurring); and

(m) by adding at the end thereof the following sub-sections:

“(3) A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that—

(a) is not able to move or be moved as an entity from one place to another; and

(b) is used or is to be used off-shore in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

“(4) A reference in this Act to an off-shore industry mobile unit shall be read as a reference to—

(a) a vessel that is used or is to be used wholly or principally in—

(i) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(ii) operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (i); or

(b) a structure (not being a vessel) that—

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or is to be used off-shore wholly or principally in—

(a) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(b) operations or activities associated with, or incidental to, activities of the kind referred to in sub-sub-paragraph (a).

“(5) A vessel of a kind referred to in paragraph (4) (a) or a structure of a kind referred to in paragraph (4) (b) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.


 

“(6) The reference in sub-paragraph (4) (a) (ii) to a vessel that is used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (4) (a) (i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in—

(a) transporting persons or goods to or from an installation; or

(b) manoeuvring an installation, or in operations relating to the attachment of an installation to the Australian seabed.

“(7) An installation shall be taken to be attached to the Australian seabed if—

(a) the installation—

(i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

(b) the installation—

(i) is in physical contact with, or is brought into physical contact with, another installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and

(ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.”.

Delegation of authority

55. Section 10 of the Principal Act is amended by inserting “, installation” after “Territory” (wherever occurring).

Emergency quarantine grounds

56. Section 13a of the Principal Act is amended by inserting “installation,” after “vessel,”.

Exemption of certain vessels and goods

57. Section 14 of the Principal Act is amended by inserting after sub-paragraph (b) (i) the following sub-paragraph:

“(ia) between Australian ports and Australian installations;”.


 

58. After section 16 of the Principal Act the following sections are inserted in Part III:

Certain installations to be part of Australia

“16aa. (1) For the purposes of this Act, where—

(a) an overseas installation has been attached to the Australian seabed; and

(b) pratique has been granted to the installation or the installation has been released from quarantine,

the installation shall, subject to sub-section (3), be deemed to be part of Australia.

“(2) For the purposes of this Act, an installation that—

(a) not being an overseas installation, becomes attached to the Australian seabed after the commencement of this sub-section; or

(b) is attached to the Australian seabed at the commencement of this sub-section,

shall, subject to sub-section (3), be deemed to be part of Australia.

“(3) An installation that is deemed to be part of Australia by virtue of the operation of this section shall, for the purposes for this Act, cease to be part of Australia if—

(a) the installation is detached from the Australian seabed, or from another installation that is attached to the Australian seabed, for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits); or

(b) after having been detached from the Australian seabed otherwise than for the purpose referred to in paragraph (a), the installation is moved for the purpose of being taken to a place outside the outer limits of Australian waters (whether or not the installation is to be taken to a place in Australia before being taken outside those outer limits).

Certain goods deemed to be imported into Australia

“16ab. (1) For the purposes of this Act, where an overseas installation becomes attached to the Australian seabed, any goods, animals or plants that are on board the installation at the time when it becomes so attached, not being goods, animals or plants that have been brought to the installation from a place in Australia, shall be deemed to be imported into Australia at that time.

“(2) For the purposes of this Act, where goods, animals or plants are taken from a place other than a place in Australia on to an Australian installation, the goods, animals or plants shall be deemed to have been imported into Australia at the time when they are taken on to the installation.”.

Vessel or installation subject to quarantine

59. Section 17 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) The following installations shall be subject to quarantine:

(a) any overseas installation;


 

(b) any Australian installation and any installation that is in Australian waters for the purpose of becoming attached to the Australian seabed, being an installation on board which any quarantinable disease or disease which there is reason to believe or suspect to be a quarantinable disease has broken out or been discovered; and

(c) any installation which is ordered into quarantine by a quarantine officer.”.

Persons and goods subject to quarantine

60. Section 18 of the Principal Act is amended—

(a) by inserting after paragraph (1) (aa) the following paragraph:

“(ab) Every person who is on board an installation subject to quarantine;”;

(b) by inserting after paragraph (2) (aa) the following paragraph:

“(ab) All goods which are on board an installation subject to quarantine;”;

(c) by omitting from paragraph (2) (b) “and”; and

(d) by adding at the end of sub-section (2) the following word and paragraph:

“; and (d) All animals which are on board an Australian installation or an installation that is in Australian waters for the purpose of being attached to the Australian seabed, being animals which arrived at the installation otherwise than on board a vessel.”.

Continuance of liability to quarantine

61. Section 19a of the Principal Act is amended—

(a) by inserting in sub-section (1) “, installations” after “vessels”;

(b) by inserting after sub-section (2) the following sub-section:

“(2a) Where pratique is granted to an installation, the installation ceases to be subject to quarantine at the place at which the pratique has effect, but—

(a) if the pratique has effect only for a particular period, the installation ceases to be subject to quarantine for that period only; and

(b) the obligation to comply with measures of quarantine (if any) to which the pratique does not relate is not affected by the installation ceasing to be subject to quarantine.”; and

(c) by adding at the end thereof the following sub-section:

“(4) Where pratique is granted to an installation, persons on the installation cease to be subject to quarantine.”.


 

Vessels to enter certain ports

62. Section 20 of the Principal Act is amended—

(a) by inserting in sub-section (1) “or in accordance with the permission of the Minister given under section 20aa” after “reasonable cause”; and

(b) by omitting from sub-section (1) “port” (first occurring) and substituting “place in Australia or in the Cocos Islands, as the case may be,”.

Landing places for aircraft

63. Section 20a of the Principal Act is amended by inserting “or in accordance with the permission of the Minister given under section 20aa” after “reasonable cause”.

64. After section 20a of the Principal Act the following section is inserted:

Permission to enter place other than first port of entry

“20aa. The Minister may, upon application being made in writing by the master, owner or agent of an oversea vessel, by notice in writing given to the person who made the application, give permission, subject to such conditions (if any) as are specified in the notice, for the vessel to be brought to a place in Australia or in the Cocos Islands specified in the notice, being a place other than a first port of entry, a first Cocos Islands port of entry or a landing place.”.

Aircraft landing at places other than landing places

65. Section 20c of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) Sub-section (1) does not apply in relation to a vessel that lands at a place other than a landing place in accordance with the permission of the Minister given under section 20aa.”.

Quarantine signals on vessels and installations

66. Section 21 of the Principal Act is amended—

(a) by inserting in paragraph (a) “or within 500 metres of an Australian installation” after “port”;

(b) by inserting in paragraph (b) “or being at an Australian installation” after “quarantine station”;

(c) by inserting in paragraph (c) “or on arrival at an Australian installation” after “Cocos Islands”; and

(d) by adding at the end thereof the following sub-section:

“(2) The master of an installation subject to quarantine shall—

(a) display the quarantine signal on the installation; and

(b) keep the quarantine signal displayed on the installation until pratique is granted or until the installation is released from quarantine.

Penalty: $2,000.”.


 

Notification of outbreak of disease

67. Section 22 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) A reference in sub-section (1) to a vessel shall be read as including a reference to an Australian installation or an installation that is in Australian waters for the purpose of becoming attached to the Australian seabed.”.

Unauthorized person not to board or approach vessel or installation

68. Section 24 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) No unauthorized person shall go on board, or, except as the master or a member of the crew of a tug that is carrying out operations as a tug, alongside of, any installation subject to quarantine or while the quarantine signal is displayed on the installation.

Penalty: $2,000.”.

69. After section 25 of the Principal Act the following section is inserted:

Boarding of installations

“25a. The master of an Australian installation or an installation that is in Australian waters for the purpose of becoming attached to the Australian seabed shall, upon being so required by a quarantine officer, permit the quarantine officer to go on board the installation and shall, by all reasonable means, facilitate the boarding of the installation by the quarantine officer.

Penalty: $5,000 or imprisonment for 2 years.”.

70. Section 27 of the Principal Act is repealed and the following section is substituted:

Health reports

“27. The master of—

(a) an oversea vessel arriving at any port in Australia or the Cocos Islands;

(b) an overseas installation; and

(c) an oversea vessel arriving at an Australian installation,

shall, on being required to do so by a quarantine officer, cause to be delivered to the quarantine officer a health report in accordance with the prescribed form signed by him and, if the vessel or installation carries a medical officer, signed also by the medical officer.

Penalty: $5,000 or imprisonment for 2 years.”.

Master and medical officer to answer questions

71. Section 28 of the Principal Act is amended—

(a) by inserting in sub-section (1) “or arriving at an Australian installation” after “Cocos Islands”; and

(b) by inserting after sub-section (1) the following sub-section:


 

“(1a) The master of an overseas installation and, if the installation carries a medical officer, the medical officer, shall truly answer to the best of their knowledge all questions put to them or either of them by a quarantine officer, being questions of a kind referred to in sub-section (1).

Penalty: $5,000 or imprisonment for 2 years.”.

No person to be allowed to quit vessel or installation subject to quarantine

72. Section 29 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) A reference in this section to a vessel subject to quarantine shall be read as including a reference to an installation subject to quarantine.”.

Persons prohibited from quitting vessels, installations and quarantine areas

73. Section 30 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(2) A reference in sub-section (1) to a vessel subject to quarantine shall be read as including a reference to an installation subject to quarantine.”.

Apprehension of persons liable to quarantine

74. Section 31 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(4) A reference in this section to a vessel subject to quarantine shall be read as including a reference to an installation subject to quarantine.”.

Pratique

75. Section 33 of the Principal Act is amended—

(a) by omitting from paragraph (4) (f) “or”; and

(b) by adding at the end of sub-section (4) the following word and paragraph:

“; or (h) all Australian installations, or Australian installations specified by the quarantine officer granting the pratique.”.

76. After section 33 of the Principal Act the following section is inserted:

Grant of pratique to installations

“33a. (1) Where a quarantine officer is satisfied that an overseas installation is free from infection, the quarantine officer shall grant the installation pratique having effect in a place at which the installation is attached or is to be attached and in such other places (including ports) as he considers appropriate.

“(2) Pratique shall be granted to an overseas installation by giving the master of the installation a certificate of pratique in the prescribed form or by giving the master particulars of the pratique by radio message or otherwise, but, where pratique is granted to an installation otherwise than by the giving of a certificate of pratique, the quarantine officer shall give the master of the


 

installation a certificate of pratique in the prescribed form as soon as practicable after the installation is attached to the Australian seabed.

“(3) Pratique granted under this section may be pratique having effect for a period specified by the quarantine officer granting it.

“(4) Pratique granted under this section may relate to all measures of quarantine or to measures of quarantine specified by the officer granting the pratique.”.

Order to perform quarantine

77. Section 35 of the Principal Act is amended—

(a) by inserting in sub-section (1) “, Australian installation, installation that is in Australian waters for the purpose of becoming attached to the Australian seabed” after “vessel”;

(b) by inserting in sub-section (1a) “or overseas installation” after “oversea vessel”;

(c) by inserting after sub-section (2) the following sub-section:

“(2a) After an overseas installation has arrived in Australian waters from a proclaimed place, the quarantine officer shall (except as prescribed) order the installation into quarantine.”;

(d) by inserting in paragraph (3) (a) “or installation” after “vessel” (wherever occurring); and

(e) by inserting in sub-section (4) “or installation” after “vessel” (wherever occurring).

Vessel or installation having communicable disease on board

78. Section 35a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(6) A reference in this section to a vessel shall be read as including a reference to an Australian installation or an installation that is in Australian waters for the purpose of becoming attached to the Australian seabed.”.

Master, when so ordered, to convey vessel or installation into quarantine

79. Section 36 of the Principal Act is amended by adding at the end thereof the following sub-sections:

“(3) When an installation is ordered into quarantine, the master of the installation shall, if required to do so by the quarantine officer, forthwith cause the installation and all persons and goods on board the installation to be conveyed to such place or places as the quarantine officer directs for the purpose of performing quarantine.

Penalty: $10,000 or imprisonment for 5 years.

“(4) A reference in this section to a vessel shall be read as not including a reference to an installation.”.


 

When vessel or installation deemed to be in quarantine

80. Section 37 of the Principal Act is amended by inserting “or installation” after “vessel”.

Particulars to be given

81. Section 38 of the Principal Act is amended by inserting after sub-section (1) the following sub-section:

“(1a) When an installation has been ordered into quarantine the master shall, on request by the quarantine officer, produce and deliver to the officer such documents in his possession or control as the officer requests.

Penalty: $2,000 or imprisonment for one year.”.

Performance of quarantine by vessel or installation

82. Section 39 of the Principal Act is amended by adding at the end of sub-section (1) “and every installation in quarantine shall, subject to this Act, perform quarantine at such place as the quarantine officer directs and whilst performing quarantine, shall be subject to the regulations relating to the performance of quarantine”.

Vessel or installation in quarantine not to be moved except in accordance with Act

83. Section 40 of the Principal Act is amended—

(a) by inserting “or installation” after “vessel” (wherever occurring); and

(b) by adding at the end thereof the following sub-section:

“(2) A quarantine officer may permit the master of an installation that is in quarantine to take the installation to the place at which the installation is to be attached to the Australian seabed.”.

Cleansing and disinfecting vessels and installations

84. Section 43 of the Principal Act is amended by inserting “or installation” after “vessel” (wherever occurring).

Goods not to be removed

85. Section 44 of the Principal Act is amended by inserting “or installation” after “vessel” (wherever occurring).

Removal from vessels or installations of goods in quarantine

86. Section 44a of the Principal Act is amended by omitting sub-section (5) and substituting the following sub-section:

“(5) Except with the permission of a quarantine officer, where a person lands from a prescribed vessel any goods that are subject to quarantine and form part of the cargo of the vessel, he shall not land them at a place other than—

(a) a part of the precincts of a wharf or airport that is a part approved for the purposes of this sub-section by a Chief Quarantine Officer; or


 

(b) an Australian installation.

Penalty: $10,000 or imprisonment for 5 years.”.

Landed cargo in quarantine

87. Section 44b of the Principal Act is amended by inserting in paragraph (1) (a) “, or from the Australian installation,” after “airport”.

Performance of quarantine by persons

88. Section 45 of the Principal Act is amended by inserting in paragraph (1) (a) “or installation” after “vessel”.

Release from quarantine

89. Section 46 of the Principal Act is amended by inserting “installation” after “vessel” (wherever occurring).

Performance of quarantine by goods

90. Section 47 of the Principal Act is amended by inserting “or installation” after “vessel”.

Animals or plants to be landed at declared port

91. Section 50 of the Principal Act is amended—

(a) by omitting “No person shall” and substituting “A person shall not, except in accordance with the permission of the Minister given under sub-section (2),”; and

(b) by adding at the end thereof the following sub-section:

“(2) The Minister may, upon application being made in writing by the master, owner or agent of an oversea vessel, by notice in writing given to the person who made the application, give permission, subject to such conditions (if any) as are specified in the notice, for the master to land imported animals or plants at an Australian installation.”.

Quarantine control of imported animals

92. Section 51 of the Principal Act is amended by inserting “or on any overseas installation” after “any vessel”.

93. After section 52 of the Principal Act the following section is inserted:

Examination of animals or plants on installations

“52a. (1) A quarantine officer prescribed for the purpose, or a person authorized by such an officer to do so, may examine any animal or plant that is subject to quarantine and is on board an installation.

“(2) Subject to the regulations, where a quarantine officer is of the opinion that there is no reason to suspect that an animal of the kind referred to in sub-section (1) is suffering from any disease or is a source of infection of a disease, the quarantine officer may release the animal from quarantine.


 

“(3) Subject to the regulations, where a quarantine officer is of the opinion that a plant of the kind referred to in sub-section (1) is free of any risk of bringing disease into Australia, he may release the plant from quarantine.

“(4) Where a quarantine officer, after having examined an animal or plant of the kind referred to in sub-section (1), does not release the animal or plant, as the case may be, from quarantine, the officer shall order the animal or plant, as the case may be, into quarantine.

“(5) In this section, ‘animal’ has the same meaning as in section 52.”.

Power to order goods into quarantine

94. Section 55a of the Principal Act is amended—

(a) by inserting in paragraph (2) (b) “or an overseas installation” after “oversea vessel”; and

(b) by inserting in paragraph (2) (b) “, an Australian installation or an installation that is in Australian waters for the purpose of becoming attached to the Australian seabed” after “vessel” (last occurring).

95. Before section 59 of the Principal Act the following section is inserted in Part VI:

Interpretation

“58a. In this Part, a reference to a vessel shall, unless the contrary intention appears, be read as including a reference to an installation.”.

Liability of owner or agent for expenses of quarantine

96. Section 59 of the Principal Act is amended—

(a) by inserting in paragraph (1) (c) “or places” after “ports”; and

(b) by inserting after paragraph (2) (a) the following paragraph:

“(aa) between Australian ports and Australian installations;”.

Liability of owners, &c., for expenses of passages

97. Section 61 of the Principal Act is amended by inserting “or places” after “ports”.

98. After section 70 of the Principal Act the following section is inserted:

Inspection of installations

70aa. (1) This section applies in relation to—

(a) any Australian installation or any overseas installation; and

(b) any installation (other than an Australian installation or an overseas installation) on which a quarantine officer has reasonable grounds to believe there are any persons who are, or any animals, plants or goods that are, subject to quarantine.

“(2) A quarantine officer may board an installation to which this section applies and—

(a) enter and inspect any part of the installation;


 

(b) inspect any animals, plants or goods on board the installation; and

(c) inspect any log, manifest, journal and any other papers related to the installation or to any persons, animals, plants or goods on board the installation.

“(3) The master of an installation to which this section applies shall, if so required by a quarantine officer, produce to the officer for inspection the papers referred to in paragraph (2) (c).

Penalty: $2,000.

“(4) A person authorized in writing by the Director of Quarantine to act under this sub-section may board an installation to which this section applies and may enter and inspect any part of the installation and any animals, plants or goods on board the installation.”.

Power to search baggage

99. Section 70a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(5) A reference in this section to a vessel or a ship shall be read as including a reference to an overseas installation.”.

Boarding vessel or installation

100. Section 71 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70aa applies.”.

Medical inspections and examinations

101. Section 72 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(7) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70aa applies.”.

Quarantine officer may make inquiries at any time

102. Section 73 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(4) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70aa applies.”.

Power to affix notices

103. Section 74 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(3) A reference in this section to a vessel shall be read as including a reference to an installation to which section 70aa applies.”.


 

Quarantine information to be given to travellers to Australia

104. Section 74aa of the Principal Act is amended by inserting “or to an Australian installation” after “port in Australia”.

Entry to premises for purposes of examinations

105. Section 74ab of the Principal Act is amended—

(a) by inserting after paragraph (5) (a) the following paragraph:

“(aa) an Australian installation;”; and

(b) by inserting “52a,” after “52,” in the definition of “prescribed provision of this Act’’ in sub-section (5).

Quarantine Warrants &c.

106. Section 74a of the Principal Act is amended—

(a) by omitting “and” from paragraph (a) of the definition of “premises” in sub-section (9); and

(b) by inserting after paragraph (b) of the definition of “premises” in sub-section (9) the following word and paragraph:

“; and (c) an Australian installation,”.

Powers relating to vehicles

107. Section 74d of the Principal Act is amended—

(a) by omitting from sub-section (1) “including” and substituting “including, without limiting the generality of the foregoing,”; and

(b) by omitting sub-section (3) and substituting the following sub-section:

“(3) In this section—

‘infected goods’ has the same meaning as in section 74a;

‘vehicle’ includes any vessel.”.

Cleansing and disinfection of insanitary vessels or installations

108. Section 78a of the Principal Act is amended by adding at the end thereof the following sub-section:

“(4) A quarantine officer may, subject to the regulations, order any Australian installation or any installation which is in Australian waters for the purpose of becoming attached to the Australian seabed which is, in his opinion, in an insanitary condition favourable to the spread of communicable disease, to be cleansed, fumigated, disinfected or treated to his satisfaction, and the master of the installation shall cause the installation to be cleansed, fumigated, disinfected or treated accordingly.

Penalty: $5,000 or imprisonment for 2 years.”.

Master or medical officer misleading quarantine officer

109. Section 83 of the Principal Act is amended by inserting “or of an Australian installation or an installation that is in Australian waters for the purpose of becoming attached to the Australian seabed” after “vessel”.


 

Maliciously ordering vessels, &c., into quarantine

110. Section 84 of the Principal Act is amended by inserting “, installation” after “vessel”.

111. After section 86a of the Principal Act the following section is inserted:

Jurisdiction of courts

“86b. (1) A provision of the Judiciary Act 1903 by which a court of a State is invested with federal jurisdiction has effect, in relation to matters arising under this Act, as if that jurisdiction were so invested without limitation as to locality other than the limitation imposed by section 80 of the Constitution.

“(2) Subject to the Constitution, jurisdiction is conferred on the several courts of the Territories within the limits of their several jurisdictions, other than limits as to locality, with respect to matters arising under this Act.”.

Regulations

112. Section 87 of the Principal Act is amended—

(a) by omitting from sub-paragraph (1) (j) (iii) “and”;

(b) by inserting after sub-paragraph (1) (j) (iv) the following word and sub-paragraph:

“; and (v) on voyages between Australian ports and Australian installations,”;

(c) by omitting from sub-paragraph (1) (l) (i) “and”;

(d) by adding at the end of paragraph (l) the following word and sub-paragraph:

“and (iii) Australian installations;”; and

(e) by adding at the end thereof the following sub-section:

“(4) A reference in this section to a vessel shall be read as including a reference to an Australian installation or an installation that is in Australian waters for the purpose of becoming attached to the Australian seabed.”.

PART VIII—AMENDMENTS OF THE SALES TAX ASSESSMENT ACT (No. 1) 1930

Principal Act

113. The Sales Tax Assessment Act (No. 1) 19307 is in this Part referred to as the Principal Act.

Interpretation

114. Section 3 of the Principal Act is amended—

(a) by inserting after the definition of “Agent” in sub-section (1) the following definitions:


 

“‘Australian installation’ means an installation that is deemed to be part of Australia by virtue of the operation of section 2a of the Sales Tax Act (No. 1) 1930;

“‘Australian seabed’ means so much of the seabed adjacent to Australia as is—

(a) within the area comprising—

(i) the areas described in Schedule 2 to the Petroleum (Submerged Lands) Act 1967; and

(ii) the Coral Sea area; and

(b) part of—

(i) the continental shelf of Australia;

(ii) the seabed beneath the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); or

(iii) the seabed beneath waters of the sea that are on the landward side of the territorial sea of Australia and are not within the limits of a State or Territory;

“‘Australian waters’ means waters above the Australian seabed;”;

(b) by inserting after the definition of “Company” in sub-section (1) the following definitions:

“‘Continental Shelf has the same meaning as in the Convention on the Continental Shelf, being the convention a copy of which in the English language is set out in Schedule 1 to the Petroleum (Submerged Lands) Act 1967;

“‘Coral Sea area’ has the same meaning as in the Petroleum (Submerged Lands) Act 1967;”;

(c) by inserting after the definition of “Goods” in sub-section (1) the following definition:

“‘Installation’ means—

(a) an off-shore industry fixed structure; or

(b) an off-shore industry mobile unit;”;

(d) by inserting after the definition of “Manufacturer” in sub-section (1) the following definitions:

“‘Natural resources’ means the mineral and other non-living resources of the seabed and its subsoil;

“‘Overseas installation’ means an installation that—

(a) is in Australian waters; and

(b) has been brought into Australian waters from a place outside the outer limits of Australian waters,

but does not include an Australian installation;”; and

(e) by adding at the end thereof the following sub-sections:

“(9) A reference in this Act to an off-shore industry fixed structure shall be read as a reference to a structure (including a pipeline) that—


 

(a) is not able to move or be moved as an entity from one place to another; and

(b) is used or is to be used off-shore in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.

“(10) A reference in this Act to an off-shore industry mobile unit shall be read as a reference to—

(a) a vessel that is used or is to be used wholly or principally in—

(i) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the vessel or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(ii) operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (i); or

(b) a structure (not being a vessel) that—

(i) is able to float or be floated;

(ii) is able to move or be moved as an entity from one place to another; and

(iii) is used or is to be used off-shore wholly or principally in—

(a) exploring or exploiting natural resources by drilling the seabed or its subsoil with equipment on or forming part of the structure or by obtaining substantial quantities of material from the seabed or its subsoil with equipment of that kind; or

(b) operations or activities associated with, or incidental to, activities of the kind referred to in sub-sub-paragraph (a).

“(11) A vessel of a kind referred to in paragraph (10) (a) or a structure of a kind referred to in paragraph (10) (b) shall not be taken not to be an off-shore industry mobile unit by reason only that the vessel or structure is also used or to be used in, or in any operations or activities associated with, or incidental to, exploring or exploiting resources other than natural resources.

“(12) The reference in sub-paragraph (10) (a) (ii) to a vessel that is used or is to be used wholly or principally in operations or activities associated with, or incidental to, activities of the kind referred to in sub-paragraph (10) (a) (i) shall be read as not including a reference to a vessel that is used or is to be used wholly or principally in—

(a) transporting persons or goods to or from an installation; or

(b) manoeuvring an installation, or in operations relating to the attachment of an installation to the Australian seabed.


 

“(13) An installation shall be taken to be attached to the Australian seabed if—

(a) the installation—

(i) is in physical contact with, or is brought into physical contact with, a part of the Australian seabed; and

(ii) is used or is to be used, at that part of the Australian seabed, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources; or

(b) the installation—

(i) is in physical contact with, or is brought into physical contact with, another installation that is taken to be attached to the Australian seabed by virtue of the operation of paragraph (a); and

(ii) is used or is to be used, at the place where it is brought into physical contact with the other installation, wholly or principally in or in any operations or activities associated with, or incidental to, exploring or exploiting natural resources.”.

PART IX—AMENDMENT OF THE SALES TAX ASSESSMENT ACT (No. 5) 1930

Principal Act

115. The Sales Tax Assessment Act (No. 5) 19308 is in this Part referred to as the Principal Act.

Interpretation

116. Section 2a of the Principal Act is amended by omitting the definition of “the Collector of Customs” and substituting the following definition:

“‘the Collector of Customs’, in relation to goods imported into Australia, means the Collector of Customs for the State or Territory in which, or the principal officer of Customs at the place where, the goods are imported;”.


 

NOTES

1. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 19, 1914; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925; No. 6, 1930; Nos. 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; Nos. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 134, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 19, 92, 116, 155, 177 and 180, 1979; Nos. 13, 15, 110 and 171, 1980; and Nos. 45, 61, 64, 67, 152 and 157, 1981.

2. No. 64, 1981.

3. No. 9, 1901, as amended. For previous amendments, see No. 26, 1918; No. 8, 1923; No. 44, 1934; No. 16, 1942; No. 88, 1947; No. 46, 1949; No. 55, 1952; No. 10, 1957; No. 49, 1958; No. 37, 1962; No. 49, 1963; No. 139, 1965; No. 93, 1966; Nos. 15 and 105, 1968; No. 23, 1972; Nos. 24 and 145, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 29, 1974; No. 91, 1976; No. 110, 1978; Nos. 11, 50 and 165, 1979; Nos. 42 and 70, 1980; and Nos. 61 and 65, 1981.

4. No. 112, 1980, as amended. For previous amendments, see No. 176, 1980.

5. No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; No. 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; and No. 61, 1981.

6. No. 3, 1908, as amended. For previous amendments, see No. 15, 1912; No. 42, 1915; No. 47, 1920; No. 30, 1924; Nos. 19 and 92, 1947; No. 80, 1950; No. 61, 1961; No. 12, 1966; No. 1, 1969; No. 216, 1973; Nos. 1, 105 and 155, 1979; No. 70, 1980; and No. 54, 1981.

7. No. 25, 1930, as amended. For previous amendments, see No. 62, 1930; No. 25, 1931; Nos. 39 and 64, 1932; Nos. 17 and 47, 1933; Nos. 16 and 29, 1934; Nos. 8, 45 and 61, 1935; No. 78, 1936; Nos. 30 and 64, 1940; No. 54, 1942; No. 1, 1953; No. 40, 1962; No. 93, 1966; No. 216, 1973 (as amended by No. 20, 1974); No. 197, 1978; No. 19, 1979; and No. 134, 1980.

8. No. 33, 1930, as amended. For previous amendments, see No. 67, 1930; No. 33, 1931; Nos. 43 and 64, 1932; Nos. 17, 25 and 51, 1933; Nos. 16 and 62, 1934; Nos. 45 and 61, 1935; No. 78, 1936; No. 26, 1939; No. 71, 1953; No. 45, 1963; No. 93, 1966; No. 109, 1968; No. 216, 1973 (as amended by No. 20, 1974); No. 91, 1976; and No. 201, 1978.