248Application of State and Territory laws in offshore areas

248 Application of State and Territory laws in offshore areas

(1) The laws in force in a State or Territory (other than laws of the Commonwealth) apply, as provided by this section, as laws of the Commonwealth in the included offshore area of that State or Territory as if that area were: (a) part of that State or Territory; and (b) part of the Commonwealth.

Note: See also sections 249 to 256.

(2) For the purposes of this Act, the provisions of laws applied under subsection (1) are the applied State and Territory provisions. (3) Subsection (1) has effect subject to this Act. (4) The laws referred to in subsection (1) apply in relation to acts, omissions, matters, circumstances and things touching, concerning, arising out of or connected with: (a) offshore infrastructure activities in the included offshore area; or (b) any other activities carried out in the included offshore area under a licence; or (c) any other activities that this Act requires to be carried out in the included offshore area. (5) The laws referred to in subsection (1) apply: (a) to and in relation to: (i) an act or omission that takes place in, on, above, below or in the vicinity of; and (ii) a matter, circumstance or thing that exists or arises in relation to or in connection with; a vessel, aircraft, structure or installation, or equipment or other property, that is in the included offshore area for any reason touching, concerning, arising out of or connected with: (iii) offshore infrastructure activities in the included offshore area; or (iv) any other activities carried out in the included offshore area under a licence; or (v) any other activities that this Act requires to be carried out in the included offshore area; and (b) to and in relation to a person who: (i) is in the included offshore area for a reason of the kind referred to in paragraph (a); or (ii) is in, on, above, below or in the vicinity of a vessel, aircraft, structure or installation, or equipment or other property, that is in the included offshore area for a reason of the kind referred to in paragraph (a); and (c) to and in relation to a person in relation to: (i) the carrying on by the person of any operation; or (ii) the doing by the person of any work; in the included offshore area for a reason of the kind referred to in paragraph (a). (6) Subsection (5) does not limit subsection (4). (7) For the purposes of this section, a law is taken to be a law in force in a State or Territory even though that law applies to only part of that State or Territory.