1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Antarctic Treaty Act 1960.
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Commonwealth act
This Act gives domestic effect to the Antarctic Treaty for a narrow group: observers and exchanged scientific personnel (and their staff) who are nationals of Treaty parties. Non‑Australian nationals in those roles are not subject to Australian Antarctic Territory laws for acts while performing their functions; Australian citizens in those roles are treated as if acts outside the Territory occurred in the Territory and so are subject to Territory law. The Act starts by proclamation linked to the Treaty coming into force.
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Direct links to the current provisions in Antarctic Treaty Act 1960.
This Act may be cited as the Antarctic Treaty Act 1960.
This Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the date on which the Treaty enters into force for Australia.
(1) In this Act, unless the contrary intention appears:
Antarctica means the area south of sixty degrees South Latitude, including all ice shelves in that area.
the Territory means the Australian Antarctic Territory.
the Treaty means the Antarctic Treaty set out in the Schedule to this Act.
(2) The persons to whom this Act applies are: (a) observers designated under paragraph 1 of Article VII, and scientific personnel exchanged under subparagraph 1(b) of Article III, of the Treaty; and (b) members of the staffs accompanying any such persons; being nationals of a Contracting Party to the Treaty.
(1) A person to whom this Act applies, not being an Australian citizen, is not subject to the laws in force in the Territory in respect of any act or omission occurring while he or she is in Antarctica for the purpose of exercising his or her functions. (2) A person to whom this Act applies, being an Australian citizen, is subject to the laws in force in the Territory in respect of any act or omission occurring while he or she is in Antarctica for the purpose of exercising his or her functions, being an act or omission occurring beyond the Territory, as if the act or omission had occurred in the Territory. (3) The jurisdiction of any court of the Australian Capital Territory (including the Supreme Court of the Australian Capital Territory) that that court possesses by virtue of the Australian Antarctic Territory Act 1954‑1957 extends to jurisdiction in respect of or in relation to acts or omissions referred to in the last preceding subsection, as if the acts or omissions had occurred in the Territory. (4) Nothing in this section prejudices or in any way affects the rights, or the exercise of the rights, of any country under international law with regard to the high seas within Antarctica.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Antarctic Treaty Act 1960.
This Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the date on which the Treaty enters into force for Australia.
(1) In this Act, unless the contrary intention appears:
Antarctica means the area south of sixty degrees South Latitude, including all ice shelves in that area.
the Territory means the Australian Antarctic Territory.
the Treaty means the Antarctic Treaty set out in the Schedule to this Act.
(2) The persons to whom this Act applies are: (a) observers designated under paragraph 1 of Article VII, and scientific personnel exchanged under subparagraph 1(b) of Article III, of the Treaty; and (b) members of the staffs accompanying any such persons; being nationals of a Contracting Party to the Treaty.
(1) A person to whom this Act applies, not being an Australian citizen, is not subject to the laws in force in the Territory in respect of any act or omission occurring while he or she is in Antarctica for the purpose of exercising his or her functions. (2) A person to whom this Act applies, being an Australian citizen, is subject to the laws in force in the Territory in respect of any act or omission occurring while he or she is in Antarctica for the purpose of exercising his or her functions, being an act or omission occurring beyond the Territory, as if the act or omission had occurred in the Territory. (3) The jurisdiction of any court of the Australian Capital Territory (including the Supreme Court of the Australian Capital Territory) that that court possesses by virtue of the Australian Antarctic Territory Act 1954‑1957 extends to jurisdiction in respect of or in relation to acts or omissions referred to in the last preceding subsection, as if the acts or omissions had occurred in the Territory. (4) Nothing in this section prejudices or in any way affects the rights, or the exercise of the rights, of any country under international law with regard to the high seas within Antarctica.