Commonwealth Numbered Acts

TORRES STRAIT TREATY (MISCELLANEOUS AMENDMENTS) ACT 1984 NO. 22 OF 1984 - SECT 30

30. After section 8 of the Principal Act the following section is inserted:
Act not to apply to certain specimens used by traditional inhabitants

''8A. (1) In this section-

'area in the vicinity of the Protected Zone' means an area in respect of which
a notice is in force under sub-section (2);

'Australian place' means a place in Australia that is in the Protected Zone or
in an area in the vicinity of the Protected Zone;

'Papua New Guinea place' means a place in Papua New Guinea that is in the
Protected Zone or in an area in the vicinity of the Protected Zone;

'prescribed specimen' means a specimen of a kind specified in a notice in
force under sub-section (3);

'Protected Zone' means the zone established under Article 10 of the Torres
Strait Treaty, being the area bounded by the line described in Annex 9 to that
treaty;

'Torres Strait Treaty' means the Treaty between Australia the Independent
State of Papua New Guinea that was signed at Sydney on 18 December 1978;

'traditional activities' has the same meaning as in the Torres Strait Treaty;

'traditional inhabitants' has the same meaning as in the Torres  Strait
Fisheries Act 1984 .

''(2) The Minister may, by notice published in the Gazette, declare an area
adjacent to the Protected Zone to be an area in the vicinity of the Protected
Zone for the purposes of this section.

''(3) The Minister may, by notice published in the Gazette, declare that a
specimen of a kind specified in the notice is a prescribed specimen for the
purposes of this section.

''(4) For the purposes of this Act, where a prescribed specimen that is owned
by, or is under the control of, a traditional inhabitant and that has been
used, is being used or is intended to be used by him in connection with the
performance of traditional activities in the Protected Zone or in an area in
the vicinity of the Protected Zone, is-

   (a)  brought to an Australian place from a Papua New Guinea place; or

   (b)  taken from an Australian place to a Papua New Guinea place,
then, subject to sub-section (5), that specimen-

   (c)  in the case where the specimen is brought into Australia as mentioned
        in paragraph (a)-shall be taken not to have been imported into
        Australia; and

   (d)  in the case where the specimen is taken from Australia as mentioned in
        paragraph (b)-shall be taken not to have been exported from Australia.

''(5) Where-

   (a)  a prescribed specimen that has been brought into Australia is, under
        sub-section (4), taken not to have been imported into Australia; and

   (b)  that prescribed specimen is brought to a place in Australia that is
        not in the Protected Zone or in an area in the vicinity of the
        Protected Zone,
the prescribed specimen shall be taken to have been imported into Australia
upon being brought to the place referred to in paragraph (b).''.