40Extent of powers

##### 40 Extent of powers (1) The powers conferred by this Division may be exercised anywhere within or outside Australia in relation to: (a) Australian nationals; or (b) Australian aircraft and Australian vessels; or (c) the members of the crew (including persons in charge) of Australian aircraft and Australian vessels. (2) Subject to this section, the powers conferred by this Division may be exercised (other than in relation to a person, aircraft or vessel of a kind mentioned in subsection (1)) anywhere: (a) in Australia; or (b) on or in the Australian coastal sea; or (c) on, or in the waters above, the continental shelf of Australia; or (d) on or in the Australian fishing zone. (3) On, or in the waters above, the continental shelf of Australia, the powers conferred by this Division may only be exercised, as provided for in subsection (2), in relation to an offence against this Act committed: (a) on, or in the waters above, the continental shelf of Australia; or (b) in a park, reserve or conservation zone. (4) On or in the Australian fishing zone, the powers conferred by this Division may only be exercised, as provided for in subsection (2), in relation to an offence against this Act committed on or in the Australian fishing zone. (5) Nothing in subsection (2), (3) or (4) affects the operation of section 44E. > Note: Regulations made under section 71 may confer additional powers on wardens, rangers and wildlife inspectors.