(a) a previous exclusive possession act or a previous non-exclusive possession act took place before the establishment of a particular State, the Jervis Bay Territory, the Australian Capital Territory or the Northern Territory; and
(b) the act affected land or waters that, when this section commences, form part of the State or Territory;
then, for the purposes of this Division, the act is taken to be attributable to:
(c) the State; or
(d) if the Territory is the Jervis Bay Territory--the Commonwealth; or
(e) if the Territory is the Australian Capital Territory or the Northern Territory--that Territory.
Note: The meaning given to the expression attributable by section 239 will apply for the purposes of this Division to all other previous exclusive and non-exclusive possession acts.