75DExercising powers between countries

75D Exercising powers between countries

(1) Section 41 (foreign vessels between countries) does not apply to an exercise of power under section 69, 69A, 71, 72, 72A or 74 if: (a) the exercise of power is: (i) covered by a determination in force under subsection (2); or (ii) required by a direction in force under paragraph 75F(2)(a); and (b) the exercise of power is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of Division 5 of Part 2. (2) For the purpose of subparagraph (1)(a)(i), the Minister may make a written determination that is expressed to cover the exercise, in a specified circumstance, of powers under one or more of the sections referred to in subsection (1). (3) The Minister may, in writing, vary or revoke a determination made under subsection (2). (4) The only condition for the exercise of the power to make a determination under subsection (2), or to vary a determination, is that the Minister thinks that it is in the national interest to make or vary the determination.

Note: There are no conditions for the exercise of the power to revoke a determination.

(5) A determination under subsection (2), or an instrument varying or revoking a determination, comes into force: (a) unless paragraph (b) applies—when it is made; or (b) if the determination or instrument specifies a later time as the time when it is to come into force—at that later time. (6) A determination under subsection (2) remains in force until whichever of the following occurs first: (a) an instrument revoking the determination comes into force; (b) if the determination is expressed to cease to be in force at a specified time—the time so specified. (7) A determination under subsection (2), or a variation or revocation of a determination, is not a legislative instrument.