Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This Act does not authorise the exercise of powers at a place in ano ther country unless the powers are exercised:
(a) at the request or with the agreement of the other country; or
(b) to administer, ensure compliance with or investigate a contravention of an international agreement or international decision that appl ies in tha t place; or
(c) to investigate a contravention of a law that:
(i) applies in that place; and
(ii) is prescribed by the regulations; or
(d) to administer or ensure compliance with a monitoring law that:
(i) applies in that place; and
(ii) is prescribed by the regulations; or
(e ) in connection with the exercise of powers in accordance with this section , to ensure the safety of a maritime officer or any other person.
(2) Subsection ( 1) does not apply to an exercise of powers if:
(a) the exercise of powers:
(i) is part of a continuous exercise of powers that commenced in accordance with any applicable requirements of this Part (disregarding this subsection); and
(ii) occurs in the course of passage of a vessel or aircraft through or above waters that are part of a country; and
(b) a relevant maritime officer, or the Minister, considers that the passage is in accordance with the Convention.
Note 1: The definition of country in section 8 includes the territorial sea and any archipelagic waters of the country.
Note 2: The fact that the Minister considers that passage of a particular vessel or aircraft through or above waters that are part of a country is in accordance with the Convention may (for example) be apparent from the terms of a direction given under section 75F.
(3) An exercise of powers in reliance (or purported reliance) on subsection ( 2) is not invalid because of a defective consideration of the Convention.