11Application of laws in areas adjacent to Territories

11 Application of laws in areas adjacent to Territories

(1) Subject to this Act, the laws, whether written or unwritten, in force in a Territory for the time being (other than laws of the Commonwealth), and any instrument having effect under any of those laws, apply, as provided by this section, in the adjacent area and so apply as if that area were part of that Territory. (1A) Subject to section 73, if the gas pipelines access legislation of the Northern Territory is not in force, whether with or without modifications, in the area referred to in subsection (1B), then, in spite of any law that is in force as a law of the Commonwealth in the adjacent area in respect of the Territory because of subsection (1), the Gas Pipelines Access (Commonwealth) Act 1998 applies as a law of the Commonwealth in that adjacent area. (1B) For the purposes of subsection (1A), the area referred to in this subsection in relation to the Northern Territory is the part of the area described in Schedule 2 under the heading that refers to that Territory that is on the landward side of the adjacent area in respect of that Territory. (2) The laws referred to in subsection (1) do not include laws that are substantive criminal laws, or laws of criminal investigation, procedure and evidence, within the meaning of Schedule 1 to the Crimes at Sea Act 2000, but nothing in this Act derogates from the operation of that Act. Applied laws do not include Northern Territory OHS laws (2A) Despite subsection (1), the laws or parts of laws of the Northern Territory, as in force from time to time, that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory. (2B) Laws or parts of laws prescribed under subsection (2A) must be laws or parts of laws with respect to occupational health and safety. Northern Territory OHS laws do not apply of their own force in the adjacent area in respect of the Northern Territory (2C) The laws or parts of laws, as in force from time to time, that are prescribed in regulations made under subsection (2A) in relation to the Northern Territory do not apply by force of the law of that Territory in relation to a facility located in the adjacent area of that Territory. Substantive criminal provisions of Northern Territory OHS laws are not applied by Crimes at Sea Act 2000 in the adjacent area (2D) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws or parts of laws of the Northern Territory that are referred to in those subclauses and that are prescribed in the regulations in relation to that Territory do not apply in relation to a facility located in the adjacent area of that Territory either: (a) by force of the law of that Territory; or (b) by force of subclause 2(2) of that Schedule. (2E) Laws or parts of laws prescribed under subsection (2D) must be laws or parts of laws relating to occupational health and safety. (2F) Laws or parts of laws of the Northern Territory that are prescribed for the purposes of subsection (2A) or (2D) may be laws or parts of laws that relate to occupational health and safety and to other matters. (2G) A reference in subsections (2A) to (2F) to a law or a part of a law of the Northern Territory includes a reference to an instrument or a part of an instrument made under a law of the Northern Territory. Substantive criminal provisions of the Northern Territory section 140H OHS laws are not applied by Crimes at Sea Act 2000 in adjacent area. (2H) Despite subclauses 2(1) and (2) of Schedule 1 to the Crimes at Sea Act 2000, the laws to which subsection (2I) applies do not apply in relation to a facility located in the adjacent area of the Northern Territory, either: (a) by force of the law of that Territory; or (b) by force of subclause 2(2) of that Schedule. (2I) This subsection applies to provisions of the Territory PSLA, or of regulations under that PSLA, that substantially correspond to the terms of the section 140H OHS laws. Northern Territory OHS laws do not apply in the adjacent area of Ashmore and Cartier Islands (2J) The laws or parts of laws that are prescribed in the regulations made under subsection (2A) in relation to the Northern Territory do not apply in relation to a facility located in the adjacent area of the Territory of Ashmore and Cartier Islands either: (a) by force of the Ashmore and Cartier Islands Acceptance Act 1933; or (b) by force of subsection (1) of this section.