Commonwealth Numbered Acts

SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 4

4. (1) In this Act, unless the contrary intention appears-

"Australia" includes the external Territories;

"Australian aircraft" means-

   (a)  an aircraft registered or required to be registered in accordance with
        the Air Navigation Regulations as an Australian aircraft;

   (b)  an aircraft that is owned by, or is in the possession or control of,
        the Commonwealth, Quantas Airways Limited or an authority of the
        Commonwealth; or

   (c)  an aircraft of any part of the Defence Force (including an aircraft
        that is being commanded or piloted by a member of that Force in the
        course of the member's duties as such a member);

"Australian ship" means-

   (a)  a ship registered in Australia; or

   (b)  an unregistered ship that has Australian nationality;

"authorised officer" means a person appointed as an authorised officer under
sub-section 19 (3);

"foreign aircraft" has the same meaning as it has when used in the Treaty;

"foreign ship" has the same meaning as it has when used in the Treaty;

"identity card" means-

   (a)  in relation to an inspector - an identity card issued under section 58
        of the Nuclear Non-Proliferation (Safeguards) Act 1986; and

   (b)  in relation to an authorised officer - an identity card issued under
        section 20 of this Act;

"inspector" means a person appointed as an inspector under sub-section 57 (1)
of the Nuclear Non-Proliferation (Safeguards) Act 1986;

"nuclear explosive device" has the same meaning as in the Treaty;

"offence against this Act" includes-

   (a)  an offence against section 6, 7 or 7A of the Crimes Act 1914 in
        relation to an offence against this Act; and

   (b)  an offence against sub-section 86 (1) of the Crimes Act 1914 by virtue
        of paragraph (a) of that sub-section, being an offence in relation to
        an offence against this Act;

"South Pacific Nuclear Free Zone Treaty" means the treaty of that title that
was done at Rarotonga and signed on behalf of Australia on 6 August 1985, a
copy of which is set out in the Schedule, and, subject to sub-section (2),
includes that treaty as amended from time to time;

"stationing" has the same meaning as in the Treaty;

"Treaty" means the South Pacific Nuclear Free Zone Treaty;

"Treaty inspection" means an inspection by a Treaty inspector, in accordance
with Annex 4 to the Treaty, in respect of a complaint brought against
Australia pursuant to the Treaty;

"Treaty inspector" means a person declared, pursuant to sub-section 19 (1), to
be a Treaty inspector for the purposes of this Act.

(2) An amendment to the Treaty-

   (a)  does not have effect for the purposes of this Act unless the amendment
        is declared by the regulations to have effect for the purposes of this
        Act; and

   (b)  takes effect for the purposes of this Act from the day on which the
        regulations referred to in paragraph (a) take effect or such later day
        as is specified in those regulations.