40Exercising powers in other countries

40 Exercising powers in other countries

(1) This Act does not authorise the exercise of powers at a place in another country unless the powers are exercised: (a) at the request or with the agreement of the other country; or (b) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that applies in that place; or (c) to investigate a contravention of a law that: (i) applies in that place; and (ii) is prescribed by the regulations; or (d) to administer or ensure compliance with a monitoring law that: (i) applies in that place; and (ii) is prescribed by the regulations; or (e) in connection with the exercise of powers in accordance with this section, to ensure the safety of a maritime officer or any other person. (2) Subsection (1) does not apply to an exercise of powers if: (a) the exercise of powers: (i) is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of this Part (disregarding this subsection); and (ii) occurs in the course of passage of a vessel or aircraft through or above waters that are part of a country; and (b) a relevant maritime officer, or the Minister, considers that the passage is in accordance with the Convention.

Note 1: The definition of country in section 8 includes the territorial sea and any archipelagic waters of the country.

Note 2: The fact that the Minister considers that passage of a particular vessel or aircraft through or above waters that are part of a country is in accordance with the Convention may (for example) be apparent from the terms of a direction given under section 75F.

(3) An exercise of powers in reliance (or purported reliance) on subsection (2) is not invalid because of a defective consideration of the Convention.