8Extraterritorial application

8  Extraterritorial application

Application generally in and outside Australian jurisdiction

 (1) Subject to this section, this Act and the rules, and the Regulatory Powers Act as it applies in relation to this Act and the rules, extend to acts, omissions, matters and things outside Australian jurisdiction.

Note: For the meaning of Australian jurisdiction, see section 5.

Application to all persons etc. in Australian jurisdiction

 (2) Subject to subsection (4), to the extent that a provision of this Act or the rules, or a provision of the Regulatory Powers Act as it applies in relation to this Act or the rules, has effect in relation to Australian jurisdiction, that provision applies in relation to:

 (a) all persons (including persons who are not Australian entities); and

 (b) all aircraft (including aircraft that are not Australian aircraft); and

 (c) all vessels (including vessels that are not Australian vessels); and

 (d) all premises (including premises owned or occupied by persons who are not Australian entities).

Application outside Australian jurisdiction limited to Australian entities etc.

 (3) Subject to subsections (4) and (5), to the extent that a provision of this Act or the rules, or a provision of the Regulatory Powers Act as it applies in relation to this Act or the rules, has effect in relation to anywhere outside Australian jurisdiction, that provision applies only in relation to:

 (a) the Commonwealth; and

 (b) authorities of the Commonwealth; and

 (c) Australian entities; and

 (d) Australian aircraft; and

 (e) Australian vessels; and

 (f) members of crews of Australian aircraft and Australian vessels (including persons in charge of those aircraft or vessels).

This Act and the Regulatory Powers Act have effect subject to international law obligations

 (4) This Act and the rules, and the Regulatory Powers Act as it applies in relation to this Act and the rules, have effect subject to:

 (a) Australia’s obligations under international law, including obligations under any international agreement binding on Australia; and

 (b) any law of the Commonwealth giving effect to such an agreement.

 (5) The exercise in a foreign country of a power under this Act or the rules, or the Regulatory Powers Act as it applies in relation to this Act or the rules, is subject to the consent of the foreign country, if such consent is required under international law (including requirements under any international agreement binding on Australia).