Federal Register of Legislation - Australian Government

Primary content

Act No. 37 of 1990 as made
An Act to amend certain Acts in consequence of the enactment of the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990, and for related purposes
Administered by: Industry, Innovation and Science
Date of Assent 07 Jun 1990
 

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

PART 1 - PRELIMINARY
Section

1. Short title

2. Commencement
PART 2 - AMENDMENTS OF THE CRIMES AT SEA ACT 1979

3. Principal Act

4. Interpretation

5. Insertion of new section:

9A. Criminal laws applicable in Area A of the
Australia-Indonesia Zone of Cooperation

6. Insertion of new sections:

17A. Transit of persons accused of offences against
Indonesian laws

17B. Agreements relating to enforcement of criminal laws in
Area A
PART 3 - AMENDMENTS OF THE CUSTOMS ACT 1901

7. Principal Act

8. Interpretation

9. Insertion of new section:

58B. Direct journeys between certain resources
installations and external places prohibited

10. Insertion of new section:

131AA. Special provisions for goods taken to Area A of the
Zone of Cooperation
PART 4 - AMENDMENT OF THE FRINGE BENEFITS TAX
ASSESSMENT ACT 1986

11. Principal Act

12. Arrangements to avoid or reduce fringe benefits tax
PART 5 - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

13. Principal Act

14. Operation of Part
PART 6 - AMENDMENT OF THE INDUSTRIAL RELATIONS ACT 1988

15. Principal Act

16. Insertion of new section:

5A. Special provision for industrial disputes in the
Australia-Indonesia Zone of Cooperation
PART 7 - AMENDMENTS OF THE MIGRATION ACT 1958

17. Principal Act

18. Interpretation

19. Insertion of new section:

7A. Special provision regarding resources installations in
Area A of the Zone of Cooperation
PART 8 - AMENDMENTS OF THE PETROLEUM (SUBMERGED LANDS)
ACT 1967

20. Principal Act

21. Interpretation

22. Adjacent areas

23. Insertion of new section:

30A. Renewal of permit in respect of blocks constituted by
graticular sections wholly or partly in Area A of
the Zone of Cooperation

24. Compensation
PART 9 - AMENDMENTS OF THE QUARANTINE ACT 1908

25. Principal Act

26. Interpretation

27. Insertion of new section:

6A. Special provision regarding resources installations in
Area A of the Zone of Cooperation

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - LONG TITLE

An Act to amend certain Acts in consequence of the enactment
of the Petroleum (Australia-Indonesia Zone of Cooperation) Act
1990, and for related purposes

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 1
PART 1 - PRELIMINARY

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 1
Short title

(Assented to 7 June 1990)
1. This Act may be cited as the Petroleum (Australia-Indonesia Zone of Cooperation) (Consequential Provisions) Act 1990.

(Minister's second reading speech made in-
House of Representatives on 9 May 1990
Senate on 28 May 1990)

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 2
Commencement

2. This Act commences on the day on which the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 commences.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 2
PART 2 - AMENDMENTS OF THE CRIMES AT SEA ACT 1979


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PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 3
Principal Act

3. In this Part, "Principal Act" means the Crimes at Sea Act 1979.*1* *1* No. 17, 1979, as amended. For previous amendments see No. 80, 1982; No. 120, 1988; and No. 4, 1990.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 4
Interpretation

4. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:
" 'Area A of the Zone of Cooperation' has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990;
'Indonesia' means the Republic of Indonesia;".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 5

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

Criminal laws applicable in Area A of the Australia-Indonesia
Zone of Cooperation
"9A. (1) Subject to this section, the criminal laws in force in the Northern Territory apply to any act done in Area A of the Zone of Cooperation that touches, concerns, is connected with or arises out of the exploration for, or exploitation of, petroleum resources as if the act had been done in the Northern Territory.
"(2) This section does not apply to:
(a) an act done on or from a ship or aircraft; or
(b) an act done by a national of Indonesia who is not also a national of Australia; or
(c) an act done by a permanent resident of Indonesia who is not a national of Australia.
"(3) Proceedings for an offence against a law applied by subsection (1) may not be instituted against a person if:
(a) in proceedings for an offence against a law of Indonesia arising out of the same act or omission, the person has been acquitted or discharged without the imposition of a penalty; or
(b) the person has incurred a penalty under a law of Indonesia for such an offence; or
(c) a competent authority of Indonesia has decided not toprosecute the person for such an offence.
"(4) Proceedings for an offence against a law applied by subsection (1) may not be heard or determined without the written consent of the Attorney-General.
"(5) Subsections 7 (8), (9) and (10) apply in relation to a consent given by the Attorney-General under subsection (4) of this section as if it were a consent given under subsection 7 (5).
"(6) In this section:
'petroleum' has the same meaning as in the Treaty set out in the Schedule to the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 6

6. After section 17 of the Principal Act the following sections are inserted:

Transit of persons accused of offences against Indonesian laws
"17A. (1) Where Indonesia wishes to transport in custody through Australia a person (in this section called 'the accused') who has been arrested for an offence against a criminal law of Indonesia that applies in Area A of the Zone of Cooperation, the following provisions apply:
(a) the accused may be transported in custody through Australia;
(b) if an aircraft or ship transporting the accused makes a landing or calls at a place in Australia:
(i) the person holding the accused in custody before the landing or call is made may hold the accused in custody for a period not exceeding 24 hours;
(ii) any police officer may provide such assistance as is reasonable and necessary to facilitate the transport of the accused in custody;
(iii) any magistrate to whom application is made, according to the regulations, on behalf of Indonesia is required to issue a warrant ordering a person specified in the warrant to hold the accused in custody for such period or periods as the magistrate considers necessary to facilitate the transport of the accused in custody;
(iv) the Attorney-General may, on application on behalf of Indonesia, authorise, in writing, a magistrate to issue a warrant ordering a person specified in the warrant to hold the accused in custody for a further specified period in order to facilitate the transport of the accused in custody;
(v) the Attorney-General may at any time direct a person having custody of the accused under this paragraph to release the accused;
(vi) the total period of custody under subparagraphs (b) (i) and (iii) must not exceed 96 hours.
"(2) Any police officer may, without warrant, arrest a person if the officer has reasonable grounds for believing that the person has escaped from custody authorised by subsection (1).
"(3) A person who has been arrested under subsection (2) must be returned to the custody from which he or she escaped.
"(4) For the purposes of this section, a place at which an aircraft or ship

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begins its journey or voyage is to be treated as a place at which the aircraft has landed, or the ship has called, as the case requires.
"(5) In this section:
'police officer' means a member or special member of the Australian Federal Police or a member of the police force of a State or Territory.

Agreements relating to enforcement of criminal laws in Area A
"17B. (1) The regulations may make provision for giving effect to any agreements or arrangements between Australia and Indonesia relating to the enforcement of criminal laws applying to acts done in Area A of the Zone of Cooperation.
"(2) The provisions that may be made include, but are not limited to:
(a) provisions relating to the production of documents, the summoning of witnesses and the taking of evidence by Indonesian authorities for use in proceedings in Australia; and
(b) provisions relating to:
(i) the apprehension and detention in Area A, by Indonesian authorities, of persons accused of offences against criminal laws of Australia applied by subsection 9a (1); and
(ii) the transport and surrender, whether in Area A or elsewhere, of such persons to Australian authorities; and
(c) provisions relating to:
(i) the apprehension and detention in Area A, by Australian authorities, of persons accused of offences against criminal laws of Indonesia; and
(ii) the transport and surrender, whether in Area A or elsewhere, of such persons to Indonesian authorities; and
(d) provisions prescribing the practice and procedure of magistrates in the performance of functions under regulations made for the purposes of this section.
"(3) Provisions referred to in paragraph (2) (b) or (c) may not authorise the detention of a person beyond the time at which it first becomes practicable to surrender the person to an appropriate Australian or Indonesian authority.
"(4) Where regulations make provision of a kind referred to in paragraph (2) (c), the Extradition Act 1988 does not apply in relation to an offence against a law of a kind referred to in that paragraph.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 3
PART 3 - AMENDMENTS OF THE CUSTOMS ACT 1901

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 7
Principal Act

7. In this Part, "Principal Act" means the Customs Act 1901.*2* *2* No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 9, 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. 92, 116, 177 and 180, 1979; Nos. 13, 15 and 110, 1980; Nos. 45, 64, 67, 152 and 157, 1981; Nos. 48, 51, 80, 108, 115 and 137, 1982; No. 81, 1982 (as amended by No. 39, 1983); Nos. 19, 39 and 101, 1983; Nos. 2, 22, 63, 72 and 165, 1984; Nos. 39 and 175, 1985; No. 40, 1985 (as amended by No. 34, 1986); Nos. 10, 34 and 149, 1986; Nos. 51, 76, 81 and 104, 1987; Nos. 63, 66, 76, 99, 120 and 121, 1988; Nos. 23, 24, 78, 108 and 174, 1989; and Nos. 5, 6 and 11, 1990.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 8
Interpretation

8. Section 4 of the Principal Act is amended:
(a) by omitting "adjacent to Australia" from the definition of "Australian seabed" in subsection (1) and substituting "adjacent to Australia (other than the seabed within Area A of the Zone of Cooperation)";
(b) by inserting in subsection (1) the following definitions:
" 'Area A of the Zone of Cooperation' has the same
meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990;
'Indonesia' means the Republic of Indonesia;
'resources installation in Area A' means a resources
installation that is attached to the seabed in Area A of the Zone of Cooperation;";
(c) by inserting after subsection (9) the following subsection:
"(9a) Where it is necessary to determine whether a resources installation is attached to the seabed in Area A of the Zone of Cooperation, subsection (9) has effect as if a reference to the Australian seabed were a reference to the seabed in Area A.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 9

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

Direct journeys between certain resources installations and
external places prohibited
"58B. (1) In this section:
'external place' does not include Indonesia.

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"(2) Subject to subsection (6), where a person travels from an external place to a resources installation in Area A (whether or not in the course of a longer journey) without entering either Australia or Indonesia:
(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the person arrives at the installation;
are each guilty of an offence against this section.
"(3) Subject to subsection (6), where goods are taken from an external place to a resources installation in Area A (whether or not previously brought to that place from another place) without being taken into either Australia or Indonesia:
(a) the owner of the goods at the time of their arrival at the installation; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the goods arrive at the installation;
are each guilty of an offence against this section.
"(4) Subject to subsection (6), where a person travels from a resources installation in Area A to an external place (whether or not in the course of a longer journey) without entering either Australia or Indonesia:
(a) that person; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the person left the installation;
are each guilty of an offence against this section.
"(5) Subject to subsection (6), where goods are sent from a resources installation in Area A to an external place (whether or not the goods are sent on from that place) without being taken into Australia or Indonesia:
(a) the person who sends the goods; and
(b) the owner of the installation; and
(c) the owner and person in charge of the ship or aircraft on which the goods leave the installation;
are each guilty of an offence against this section.
"(6) It is a defence to a prosecution for an offence against this section that the journey because of which the offence would have been committed:
(a) was necessary to secure the safety of, or appeared to be the only way of averting a threat to, human life; or
(b) was necessary to secure, or appeared to be the only way of averting a threat to, the safety of a ship at sea, of an aircraft in flight or of a resources installation; or
(c) was authorised in writing by the Comptroller and was carried out in accordance with the conditions (if any) specified in the authorisation.
"(7) Subsection (6) is not to be taken to limit by implication any defence that would, apart from that subsection, be available to a person charged with an offence against this section.
"(8) For the purposes of this section:
(a) a person is not to be taken to travel from or to an external place or an installation only because the person is in an aircraft flying over, or on a landing place in or on, the place or installation; and
(b) goods are not to be taken to have been brought from, or sent to, an external place or an installation only because the goods were in an aircraft that flew over, or was on a landing place in or on, the place or installation.
"(9) A person who commits an offence against this section is punishable, on conviction, by a fine not exceeding $10,000.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 10

10. After section 131A of the Principal Act the following section is inserted:

Special provisions for goods taken to Area A of the Zone of
Cooperation
"131AA. (1) Goods taken out of Australia for the purpose of being taken to a resources installation in Area A and there used for a purpose related to petroleum operations are not liable to any duty of Customs in relation to the taking of the goods out of Australia.
"(2) Goods brought into Australia for the purpose of being taken to a resources installation in Area A and there used for a purpose related to petroleum operations are not liable to any duty of Customs in relation to the bringing of the goods into Australia.
"(3) In this section, 'petroleum operations' has the same meaning as in the Treaty set out in the Schedule to the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 4
PART 4 - AMENDMENT OF THE FRINGE BENEFITS TAX ASSESSMENT ACT 1986

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 11
Principal Act

11. In this Part, "Principal Act" means the Fringe Benefits Tax Assessment Act 1986.*3* *3* No. 39, 1986, as amended. For previous amendments, see Nos. 48 and 112, 1986; Nos. 23 and 145, 1987; No. 139, 1987 (as amended by Nos. 11 and 78,
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1988); Nos. 6, 78, 95, 97 and 153, 1988; and Nos. 2, 11, 97 and 107, 1989.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 12
Arrangements to avoid or reduce fringe benefits tax

12. Section 67 of the Principal Act is amended by inserting in subsection (12) "or in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990" after "other than this section".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 5
PART 5 - AMENDMENT OF THE INCOME TAX ASSESSMENT ACT 1936

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 13
Principal Act

13. In this Part, "Principal Act" means the Income Tax Assessment Act 1936.*4* *4* No. 27, 1936, as amended. For previous amendments, see No. 88, 1936; No. 5, 1937; No. 46, 1938; No. 30, 1939; Nos. 17 and 65, 1940; Nos. 58 and 69, 1941; Nos. 22 and 50, 1942; No. 10, 1943; Nos. 3 and 28, 1944; Nos. 4 and 37, 1945; No. 6, 1946; Nos. 11 and 63, 1947; No. 44, 1948; No. 66, 1949; No. 48, 1950; No. 44, 1951; Nos. 4, 28 and 90, 1952; Nos. 1, 28, 45 and 81, 1953; No. 43, 1954; Nos. 18 and 62, 1955; Nos. 25, 30 and 101, 1956; Nos. 39 and 65, 1957; No. 55, 1958; Nos. 12, 70 and 85, 1959; Nos. 17, 18, 58 and 108, 1960; Nos. 17, 27 and 94, 1961; Nos. 39 and 98, 1962; Nos. 34 and 69, 1963; Nos. 46, 68, 110 and 115, 1964; Nos. 33, 103 and 143, 1965; Nos. 50 and 83, 1966; Nos. 19, 38, 76 and 85, 1967; Nos. 4, 70, 87 and 148, 1968; Nos. 18, 93 and 101, 1969; No. 87, 1970; Nos. 6, 54 and 93, 1971; Nos. 5, 46, 47, 65 and 85, 1972; Nos. 51, 52, 53, 164 and 165, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 26 and 126, 1974; Nos. 80 and 117, 1975; Nos. 50, 53, 56, 98, 143, 165 and 205, 1976; Nos. 57, 126 and 127, 1977; Nos. 36, 57, 87, 90, 123, 171 and 172, 1978; Nos. 12, 19, 27, 43, 62, 146, 147 and 149, 1979; Nos. 19, 24, 57, 58, 124, 133, 134 and 159, 1980; Nos. 61, 92, 108, 109, 110, 111, 154 and 175, 1981; Nos. 29, 38, 39, 76, 80, 106 and 123, 1982; Nos. 14, 25, 39, 49, 51, 54 and 103, 1983; Nos. 14, 42, 47, 63, 76, 115, 124, 165 and 174, 1984; No. 123, 1984 (as amended by No. 65, 1985); Nos. 47, 49, 104, 123, 168 and 174, 1985; No. 173, 1985 (as amended by No. 49, 1986); Nos. 41, 46, 48, 51, 109, 112 and 154, 1986; No. 49, 1986 (as amended by No. 141, 1987); No. 52, 1986 (as amended by No. 141, 1987); No. 90, 1986 (as amended by No. 141, 1987); Nos. 23, 58, 61, 120, 145 and 163, 1987; No. 62, 1987 (as amended by No. 108, 1987); No. 108, 1987 (as amended by No. 138, 1987); No. 138, 1987 (as amended by No. 11, 1988); No. 139, 1987 (as amended by Nos. 11 and 78, 1988); Nos. 8, 11, 59, 75, 78, 80, 87, 95, 97, 127 and 153, 1988; Nos. 2, 11, 56, 70, 73, 105, 107, 129, 163 and 167, 1989; No. 97, 1989 (as amended by No. 105, 1989); and No. 20, 1990.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 14
Operation of Part

14. Section 177B of the Principal Act is amended by inserting in subsection (1) "or in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990" after "1953".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 6
PART 6 - AMENDMENT OF THE INDUSTRIAL RELATIONS ACT 1988

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 15
Principal Act

15. In this Part, "Principal Act" means the Industrial Relations Act 1988.*5* *5* No. 86, 1988, as amended. For previous amendments, see No. 109, 1988 and No. 153, 1989.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 16

16. After section 5 of the Principal Act, the following section is inserted:

Special provision for industrial disputes in the Australia-Indonesia
Zone of Cooperation
"5A. (1) In this section, 'Area A of the Zone of Cooperation' and 'the Treaty' have the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.
"(2) This Act applies to disputes between employers and persons employed on structures in Area A of the Zone of Cooperation where:
(a) the terms and conditions of employment are governed by an employment contract or collective agreement in accordance with Article 24 of the Treaty; and
(b) negotiation between the parties to a dispute has failed to settle the dispute; and
(c) the employment contract or collective agreement identifies the conciliation and arbitration system established by this Act as the applicable dispute settlement mechanism;
as if those disputes were industrial disputes within the meaning of this Act.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 7
PART 7 - AMENDMENTS OF THE MIGRATION ACT 1958

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 17
Principal Act

17. In this Part, "Principal Act" means the Migration Act 1958.*6* *6* No. 62, 1958, as amended. For previous amendments, see No. 87, 1964; No. 10, 1966; Nos. 16 and 216, 1973; Nos. 37 and 91, 1976; Nos. 117 and 118, 1979; Nos. 89 and 175, 1980; No. 61, 1981, No. 51, 1982; Nos. 73 and 112, 1983; Nos.
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22, 72 and 123, 1984; Nos. 71, 102 and 168, 1986; Nos. 86, 104, 133 and 141, 1987; Nos. 5, 38, 49 and 151, 1988; No. 59, 1989 (as amended by Nos. 159 and 180, 1989); and No. 61, 1989.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 18
Interpretation

18. Section 4 of the Principal Act is amended:
(a) by omitting "adjacent to Australia" from the definition of "Australian seabed" in subsection (1) and substituting "adjacent to Australia (other than the seabed within Area A of the Zone of Cooperation)";
(b) by inserting in subsection (1) the following definition:
" 'Area A of the Zone of Cooperation' has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990;";
(c) by inserting after subsection (10) the following subsection:
"(10A) Paragraph (9) (b) does not apply to a person who:
(a) goes onto a resources installation that is attached to the seabed in Area A of the Zone of Cooperation; or
(b) is on board a resources installation when it becomes attached to the seabed in Area A.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 19

19. The Principal Act is amended by inserting after section 7 the following section:

Special provision regarding resources installations in Area A
of the Zone of Cooperation
"7A. (1) This section applies to a resources installation that is attached to the seabed in Area A of the Zone of Cooperation.
"(2) The regulations may provide that this Act has effect as if a person arriving at, or leaving, a resources installation to which this section applies were entering, or leaving, Australia.
"(3) Regulations under subsection (2) may be expressed to apply:
(a) to all resources installations to which this section applies; or
(b) to a specified installation.
"(4) Regulations under subsection (2) may be expressed to apply:
(a) to all persons; or
(b) to a specified class of persons.
"(5) The making of regulations under subsection (2) does not affect the operation of subsection 4 (10A).".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 8
PART 8 - AMENDMENTS OF THE PETROLEUM (SUBMERGED LANDS) ACT 1967

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 20
Principal Act

20. In this Part, "Principal Act" means the Petroleum (Submerged Lands) Act 1967.*7* *7* No. 118, 1967, as amended. For previous amendments, see No. 1, 1968; No. 36, 1973; No. 216, 1973 (as amended by No. 20, 1974); No. 57, 1974; No. 80, 1980 (as amended by Nos. 79 and 176, 1981); No. 79, 1981; No. 80, 1982; Nos. 22 and 166, 1984; Nos. 80 and 132, 1985; Nos. 106 and 145, 1987; No. 127, 1988; and No. 15, 1990.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 21
Interpretation

21. Section 5 of the Principal Act is amended by inserting in subsection (1) the following definition:
" 'Area A of the Zone of Cooperation' has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990;".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 22
Adjacent areas

22. Section 5A of the Principal Act is amended:
(a) by omitting from subsection (1) "or the Northern Territory" and substituting "other than Western Australia";
(b) by omitting from subsection (1) "or Territory";
(c) by inserting after subsection (1) the following subsection:

"(1A) For the purposes of this Act, but subject to subsections (2) and (10), the adjacent area in respect of Western Australia or the Northern Territory is so much of the area described in Schedule 2 under the heading that refers to that State or Territory as comprises waters of the sea that:
(a) are not within the outer limits of the territorial sea of Australia (including the territorial sea adjacent to any island forming part of Australia); and
(b) are within the outer limits of the continental shelf; and
(c) are not within Area A of the Zone of Cooperation.";
(d) by inserting in subsection (3) ", but subject to subsection (10)", after "For the purposes of this Act";
(e) by omitting from subsection (3) "within the outer limits of the continental shelf" and substituting:
"that:
(a) are within the outer limits of the continental shelf; and
(b) are not within Area A of the Zone of Cooperation";
(f) by inserting after subsection (9) the following subsections:
"(10) For the purposes of an Act to which this subsection applies, this section has effect as if paragraphs (1A) (c) and (3) (b) were omitted.
"(11) The regulations may prescribe the Acts to which subsection (10)

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applies.".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 23

23. After section 30 of the Principal Act, the following section is inserted:

Renewal of permit in respect of blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation
"30A. (1) This section applies to any permit that was, immediately before the commencement of this section, in force in respect of blocks all or a number of which were blocks constituted by graticular sections wholly or partly in Area A of the Zone of Cooperation.
"(2) Where, as a result of the amendments of section 5A made by the PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 Act 1990 (which removed Area A from the adjacent areas) and of the operation of subsection 17 (2):
(a) a block specified in the permit has ceased to exist; or
(b) the boundaries of a block specified in the permit have changed;
the permit is taken not to specify any block referred to in paragraph (a), to specify each block referred to in paragraph (b) as that block exists immediately after the commencement of the amendments, and to specify each block unaffected by the amendments.
"(3) Where:
(a) before the commencement of this section, an application had been made under section 30 for the renewal of a permit; and
(b) at that commencement, no decision has been taken to renew, or to refuse to renew, the permit;
the application is taken to specify the blocks which, as a result of the operation of subsection (2), constitute the permit area.
"(4) Where, immediately before the commencement of this section, there was in force under section 103A an instrument of suspension in respect of a permit, then, on the commencement of this section:
(a) the instrument is by force of this section revoked; and
(b) the permittee is taken to have made an application under section 30 for the renewal by the Joint Authority of the permit in respect of the blocks which, as a result of the operation of subsection (2), constitute the permit area.
"(5) Section 31 does not apply to or in relation to an application:
(a) that is referred to in subsection (3); or
(b) that a permittee is taken to have made under subsection (4).".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 24
Compensation

24. (1) In this section, "acquisition of property" and "just terms" have the same meaning as in paragraph 51 (xxxi) of the Constitution.
(2) Where, but for this section, the operation of the amendments made by this Part would result in the acquisition of property from a person otherwise than on just terms, the Commonwealth is liable to pay compensation of a reasonable amount to the person in respect of the acquisition.
(3) Where the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court for the recovery from the Commonwealth of such reasonable amount of compensation as the Federal Court determines.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - PART 9
PART 9 - AMENDMENTS OF THE QUARANTINE ACT 1908

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 25
Principal Act

25. In this Part, "Principal Act" means the Quarantine Act 1908.*8* *8* 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; No. 37, 1976; Nos. 1, 105 and 155, 1979; No. 70, 1980; No. 54, 1981; No. 51, 1982; No. 84, 1983; Nos. 19, 22 and 165, 1984; No. 2, 1985; No. 104, 1987 (as amended by No. 155, 1989); No. 141, 1987; and No. 99, 1988.

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 26
Interpretation

26. Section 5 of the Principal Act is amended:
(a) by omitting "adjacent to Australia" from the definition of "Australian seabed" in subsection (1) and substituting "adjacent to Australia (other than the seabed within Area A of the Zone of Cooperation)";
(b) by inserting in subsection (1) the following definition:

" 'Area A of the Zone of Cooperation' has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990;".

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 27

27. The Principal Act is amended by inserting after section 6 the following section:

Special provision regarding resources installations in Area A
of the Zone of Cooperation
"6A. The regulations may provide that this Act, or a specified provision of this Act, has effect in relation to:
(a) all resources installations attached to the seabed in Area A of the Zone of Cooperation; or
(b) a specified resources installation attached to the seabed in Area A;
and so has effect:
(c) to the extent specified in the regulations; or
(d) subject to such modifications as are specified in the regulations.".