Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 15

15. (1) Nothing in this Part makes it unlawful for a person (including the
Commonwealth, a State or a Territory or an authority of the Commonwealth, a
State or a Territory) to allow or facilitate-

   (a)  a visit to a port in Australia by a foreign ship;

   (b)  a visit to an airfield in Australia by a foreign aircraft;

   (c)  navigation through Australian waters by a foreign ship; or

   (d)  the transit through the airspace over Australia by a foreign aircraft,
        whether or not Australia is required under international law to allow
        that visit, navigation or transit.

(2) No act done in relation to a nuclear explosive device that is on-

   (a)  a foreign ship exercising a right under international law to navigate
        through Australian waters;

   (b)  a foreign aircraft exercising a right under international law of
        transit through the airspace over Australia;

   (c)  a foreign ship visiting a port in Australia;

   (d)  a foreign aircraft visiting an airfield in Australia;

   (e)  a foreign ship navigating through Australian waters with the
        concurrence or acquiescence of the Commonwealth; or

   (f)  a foreign aircraft in transit through the airspace over Australia with
        the concurrence or acquiescence of the Commonwealth, constitutes an
        offence against sub-section 8 (2) or section 10, 11 or 13.

(3) Section 10 does not apply to or in relation to a nuclear explosive device
of a foreign country, being a nuclear explosive device that is outside
Australia.

(4) The reference in sub-section (2) to an act done in relation to a nuclear
explosive device includes a reference to the possession of, or having control
over, a nuclear explosive device.

(5) A reference in this section to a visit by a foreign ship to a port in
Australia includes a reference to such a visit by a ship for the purposes of
dry-docking.

(6) A visit by a foreign ship to Australia for the purposes of dry-docking
otherwise than at a port shall be deemed, for the purposes of this section, to
be a visit by that ship to a port in Australia for the purpose of that
dry-docking.

(7) A reference in this section to navigation through Australian waters
includes a reference to presence in those waters (whether or not in the course
of navigation through those waters).
(8) In this section, "Australian waters" means-

   (a)  the territorial sea of Australia; and

   (b)  the sea on the landward side of the territorial sea of Australia.