58Application of this Division

58  Application of this Division

 (1) This Division applies if:

 (a) a decision is made under Article 22 of the BBNJ Agreement to establish an area‑based management tool, including a marine protected area, in relation to an area beyond national jurisdiction; and

 (b) Australia has made an objection under Article 23 of the BBNJ Agreement with respect to the decision and the objection is not withdrawn; and

 (c) the Minister is satisfied that subsection (2) does not apply.

 (2) This subsection applies if another Australian law:

 (a) is in force; and

 (b) is, to the extent practicable, equivalent in effect to the decision; and

 (c) applies to the area covered by the decision.

 (3) To avoid doubt, this Division may begin to apply if:

 (a) at a time, this Division does not apply because the Minister is satisfied as mentioned in paragraph (1)(c); but

 (b) the Minister later ceases to be so satisfied (for example, because the relevant Australian law is repealed).