ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 - SECT 5 Application of Act

ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981 - SECT 5

  (1)   Subject to this section, this Act applies both within and outside Australia and extends to every external Territory.

  (2)   Subject to subsection   4(1) of the Antarctic Treaty Act 1960 and to subsection   ( 3) of this section:

  (a)   to the extent that a provision of this Act has effect in and in relation to any waters or place beyond the outer limits of the Australian fishing zone, that provision applies only in relation to Australian nationals and Australian vessels and the members of the crew (including masters) of Australian vessels; and

  (b)   to the extent that a provision of this Act has effect in and in relation to Australia or the Australian fishing zone, that provision applies in relation to all persons, including foreign persons, and to all vessels, including foreign vessels.

  (3)   This Act has effect subject to:

  (a)   the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and

  (b)   any law of the Commonwealth giving effect to such an agreement.