MARITIME POWERS ACT 2013 - SECT 75D Exercising powers between countries
MARITIME POWERS ACT 2013 - SECT 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:
(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.