Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 (Cth)

Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 No. 57, 2019 An Act to amend laws relating to certain areas and boundaries in the Timor Sea, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Provisions commencing when new treaty comes into force Part 1—Amendment of the Admiralty Act 1988 Admiralty Act 1988 Part 2—Amendment of the Australian Jobs Act 2013 Australian Jobs Act 2013 Part 3—Amendment of the Australian Postal Corporation Act 1989 Australian Postal Corporation Act 1989 Part 4—Amendment of the Building and Construction Industry (Improving Productivity) Act 2016 Building and Construction Industry (Improving Productivity) Act 2016 Part 5—Amendment of the Clean Energy Regulator Act 2011 Clean Energy Regulator Act 2011 Part 6—Amendment of the Climate Change Authority Act 2011 Climate Change Authority Act 2011 Part 7—Amendment of the Crimes at Sea Act 2000 Division 1—Amendments Crimes at Sea Act 2000 Division 2—Application provisions Part 8—Amendment of the Customs Act 1901 Customs Act 1901 Part 9—Amendment of the Customs Tariff Act 1995 Customs Tariff Act 1995 Part 10—Amendment of the Environment Protection and Biodiversity Conservation Act 1999 Environment Protection and Biodiversity Conservation Act 1999 Part 11—Amendment of the Environment Protection (Sea Dumping) Act 1981 Environment Protection (Sea Dumping) Act 1981 Part 12—Amendment of the Fair Work Act 2009 Fair Work Act 2009 Part 13—Amendment of the International Organisations (Privileges and Immunities) Act 1963 International Organisations (Privileges and Immunities) Act 1963 Part 14—Amendment of the Migration Act 1958 Migration Act 1958 Part 15—Amendment of the National Greenhouse and Energy Reporting Act 2007 Division 1—Amendments National Greenhouse and Energy Reporting Act 2007 Division 2—Transitional provisions Part 16—Amendment of the Navigation Act 2012 Navigation Act 2012 Part 17—Amendment of the Offshore Minerals Act 1994 Offshore Minerals Act 1994 Part 18—Amendment of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Transitional provisions Part 19—Amendment of the Passenger Movement Charge Collection Act 1978 Passenger Movement Charge Collection Act 1978 Part 20—Amendment of the Petroleum and Other Fuels Reporting Act 2017 Petroleum and Other Fuels Reporting Act 2017 Part 21—Amendment of the Petroleum (Timor Sea Treaty) Act 2003 Division 1—Amendments Petroleum (Timor Sea Treaty) Act 2003 Division 2—Saving provisions Part 22—Amendment of the Radiocommunications Act 1992 Radiocommunications Act 1992 Part 23—Amendment of the Sea Installations Act 1987 Sea Installations Act 1987 Part 24—Amendment of the Seas and Submerged Lands Act 1973 Seas and Submerged Lands Act 1973 Part 25—Amendment of the Telecommunications Act 1997 Telecommunications Act 1997 Schedule 2—Provisions commencing once Greater Sunrise Production Sharing Contract comes into force Part 1—Amendment of the Australian Jobs Act 2013 Australian Jobs Act 2013 Part 2—Amendment of the Australian Postal Corporation Act 1989 Australian Postal Corporation Act 1989 Part 3—Amendment of the Offshore Minerals Act 1994 Offshore Minerals Act 1994 Part 4—Amendment of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 1—Amendments Offshore Petroleum and Greenhouse Gas Storage Act 2006 Division 2—Saving and transitional provisions Schedule 3—Compensation for acquisition of property Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019 No. 57, 2019 An Act to amend laws relating to certain areas and boundaries in the Timor Sea, and for related purposes [Assented to 7 August 2019] The Parliament of Australia enacts: 1 Short title This Act is the Timor Sea Maritime Boundaries Treaty Consequential Amendments Act 2019. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 7 August 2019 2. Schedule 1 The day the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018 enters into force for Australia. 30 August 2019 The Minister must announce, by notifiable instrument, the day the treaty enters into force. (F2019N00069) 3. Schedule 2 A single day to be fixed by Proclamation. A Proclamation must not specify a day that occurs before the Greater Sunrise Production Sharing Contract (within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018) comes into force. 4. Schedule 3 The day the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018 enters into force for Australia. 30 August 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Provisions commencing when new treaty comes into force Part 1—Amendment of the Admiralty Act 1988 Admiralty Act 1988 1 Subsection 22(5) (note to the definition of innocent passage) Omit "the Schedule", substitute "Schedule 1". Part 2—Amendment of the Australian Jobs Act 2013 Australian Jobs Act 2013 2 Subparagraphs 7(1)(d)(i) and 117(1)(b)(i) After "2006)", insert "and outside the Greater Sunrise special regime area (within the meaning of the Seas and Submerged Lands Act 1973)". Part 3—Amendment of the Australian Postal Corporation Act 1989 Australian Postal Corporation Act 1989 3 Subsection 9(4) (definition of offshore area) Repeal the definition, substitute: offshore area: (a) of a State or a Territory other than the Northern Territory, has the same meaning as in the Offshore Petroleum and Greenhouse Gas Storage Act 2006; and (b) of the Northern Territory, has the same meaning as Principal Northern Territory offshore area has in that Act. Part 4—Amendment of the Building and Construction Industry (Improving Productivity) Act 2016 Building and Construction Industry (Improving Productivity) Act 2016 4 Section 5 Insert: Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. 5 At the end of section 11 Add: Modifications relating to Greater Sunrise special regime area (3) Despite subsections (1) and (2), if the rules prescribe modifications of this Act, or specified provisions of this Act, for its operation under subsection (1) or (2) in relation to all or part of the Greater Sunrise special regime area then, so far as this Act would, apart from this subsection, extend to the area or part, it has effect as so modified. (4) For the purposes of subsection (3), the rules may prescribe different modifications relating to different parts of the Greater Sunrise special regime area. Extension relating to Greater Sunrise special regime area (5) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973: (a) an extension of this Act under subsection (1) of this section has effect; and (b) an extension of this Act, or a provision of this Act, because of rules made for the purposes of subsection (2) of this section may (subject to those rules) have effect; in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection (3) of this section. Part 5—Amendment of the Clean Energy Regulator Act 2011 Clean Energy Regulator Act 2011 6 Section 4 (definition of Joint Petroleum Development Area) Repeal the definition. 7 Section 9 Repeal the section, substitute: 9 Extension to Greater Sunrise special regime area (1) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973, this Act extends to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area (within the meaning of that Act). (2) This section does not limit section 8. Part 6—Amendment of the Climate Change Authority Act 2011 Climate Change Authority Act 2011 8 Section 4 (definition of Joint Petroleum Development Area) Repeal the definition. 9 Section 9 Repeal the section, substitute: 9 Extension to Greater Sunrise special regime area (1) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973, this Act extends to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area (within the meaning of that Act). (2) This section does not limit section 8. Part 7—Amendment of the Crimes at Sea Act 2000 Division 1—Amendments Crimes at Sea Act 2000 10 Section 4 Insert: Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. 11 Section 4 Repeal the following definitions: (a) definition of Joint Petroleum Development Area; (b) definition of petroleum. 12 Section 4 Insert: petroleum activities has the same meaning as Petroleum Activities has in the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time. Note: The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). 13 Part 3A (heading) Omit "East Timor", substitute "Timor‑Leste". 14 Section 6A (heading) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 15 Subsection 6A(1) Omit "Joint Petroleum Development Area that is connected with, or arises out of, the exploration for, or exploitation of, petroleum resources", substitute "Greater Sunrise special regime area that is connected with, or arises out of, petroleum activities". 16 Paragraphs 6A(2)(b) and (c) and (3)(a), (b) and (c) Omit "East Timor", substitute "Timor‑Leste". 17 Subsection 6A(6) Repeal the subsection, substitute: (6) The Commonwealth and Northern Territory laws of criminal investigation, procedure and evidence from time to time apply to a criminal act done in the Greater Sunrise special regime area that is connected with, or arises out of, petroleum activities in the same way as those laws would apply to a maritime offence under clause 3 of Schedule 1 if in paragraph (2)(b) of that clause: (a) a reference to a State or to the State were a reference to the Northern Territory; and (b) the reference to the area of administrative responsibility for the relevant State were a reference to the Greater Sunrise special regime area. 18 Subsection 6A(7) (definition of State) Repeal the definition. 19 Section 6B (heading) Omit "East Timor", substitute "Timor‑Leste". 20 Subsection 6B(1) Omit "East Timor" (first and second occurring), substitute "Timor‑Leste". 21 Subsection 6B(1) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 22 Subparagraphs 6B(1)(b)(iii) and (iv) Omit "East Timor", substitute "Timor‑Leste". 23 Section 6C (heading) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 24 Subsection 6C(1) Omit "East Timor", substitute "Timor‑Leste". 25 Subsection 6C(1) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 26 Paragraph 6C(2)(a) Omit "East Timor", substitute "Timor‑Leste". 27 Subparagraph 6C(2)(b)(i) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 28 Subparagraph 6C(2)(b)(i) Omit "East Timor", substitute "Timor‑Leste". 29 Subparagraphs 6C(2)(b)(ii) and (c)(i) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 30 Subparagraph 6C(2)(c)(i) Omit "East Timor", substitute "Timor‑Leste". 31 Subparagraph 6C(2)(c)(ii) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 32 Subparagraph 6C(2)(c)(ii) Omit "East Timor", substitute "Timor‑Leste". 33 Subsection 6C(3) Omit "East Timor", substitute "Timor‑Leste". 34 Subclause 1(1) of Schedule 1 (definition of Joint Petroleum Development Area) Repeal the definition. 35 Clause 10 of Schedule 1 Repeal the clause. 36 Subclause 14(3) of Schedule 1 Repeal the subclause, substitute: (3) The adjacent area for Western Australia is: (a) so much of the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Western Australia as is within the outer limits of the continental shelf; and (b) the space above and below the area described in paragraph (a). 37 Paragraph 14(4)(a) of Schedule 1 Repeal the paragraph, substitute: (a) so much of the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to the Northern Territory as is within the outer limits of the continental shelf; and 38 Appendix 1 to Schedule 1 Repeal the Appendix, substitute: Appendix 1—Indicative map Division 2—Application provisions 39 Application of amendments The amendments of the Crimes at Sea Act 2000 made by this Part apply in relation to acts that: (a) occur on or after the commencement of this Part; and (b) contravene a law, may contravene a law or would if they occurred in a particular place contravene a law, whether the law is a law of the Commonwealth, a State, a Territory or Timor‑Leste. Note: In this item, the word "acts" includes omissions (see the definitions of act in the Crimes at Sea Act 2000, including Schedule 1 to that Act, which apply to this item because of section 11B of the Acts Interpretation Act 1901). Part 8—Amendment of the Customs Act 1901 Customs Act 1901 40 Subsection 4(1) (definition of Australian seabed) Omit "(other than the seabed within the Joint Petroleum Development Area)". 41 Subsection 4(1) Insert: Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. 42 Subsection 4(1) (definition of Joint Petroleum Development Area) Repeal the definition. 43 Subsection 4(1) (paragraphs (a) and (b) of the definition of place outside Australia) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 44 Subsection 4(1) Insert: resources installation in the Greater Sunrise special regime area means a resources installation that is attached to the seabed in the Greater Sunrise special regime area. 45 Subsection 4(1) (definition of resources installation in the Joint Petroleum Development Area) Repeal the definition. 46 Subsection 4(1) Insert: Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time. Note: The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). Timor Sea petroleum activities purpose, in relation to goods, means the purpose of the goods being: (a) taken to a resources installation that is attached to the seabed: (i) in the Greater Sunrise special regime area; or (ii) in the Greater Sunrise pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (iii) above the Bayu‑Undan Gas Field within the meaning of the Timor Sea Maritime Boundaries Treaty; or (iv) in the Bayu‑Undan pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (v) above the Kitan Oil Field within the meaning of the Timor Sea Maritime Boundaries Treaty; and (b) used at the resources installation for a purpose related to Petroleum Activities within the meaning of the Timor Sea Maritime Boundaries Treaty. 47 Subsection 4(9A) Repeal the subsection, substitute: (9A) If it is necessary to determine whether a resources installation is attached to the seabed (the relevant seabed): (a) in the Greater Sunrise special regime area; or (b) in the Greater Sunrise pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (c) above the Bayu‑Undan Gas Field within the meaning of the Timor Sea Maritime Boundaries Treaty; or (d) in the Bayu‑Undan pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (e) above the Kitan Oil Field within the meaning of the Timor Sea Maritime Boundaries Treaty; subsection (9) has effect as if a reference in that subsection to the Australian seabed were a reference to the relevant seabed. 48 Subsection 58B(1) (definition of external place) Omit "East Timor", substitute "Timor‑Leste". 49 Subsection 58B(2) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 50 Subsection 58B(2) Omit "East Timor", substitute "Timor‑Leste". 51 Subsection 58B(3) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 52 Subsection 58B(3) Omit "East Timor", substitute "Timor‑Leste". 53 Subsection 58B(4) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 54 Subsection 58B(4) Omit "East Timor", substitute "Timor‑Leste". 55 Subsection 58B(5) Omit "Joint Petroleum Development Area", substitute "Greater Sunrise special regime area". 56 Subsection 58B(5) Omit "East Timor", substitute "Timor‑Leste". 57 Section 131AA Repeal the section, substitute: 131AA No duty on goods for Timor Sea petroleum activities purpose (1) Goods taken out of Australia for the Timor Sea petroleum activities purpose are not liable to any duty of Customs in relation to the taking of the goods out of Australia. (2) Goods brought into Australia for the Timor Sea petroleum activities purpose are not liable to any duty of Customs in relation to the bringing of the goods into Australia. Part 9—Amendment of the Customs Tariff Act 1995 Customs Tariff Act 1995 58 Subsection 3(1) (definition of petroleum activity) Repeal the definition. 59 Subsection 3(1) Insert: Timor Sea Maritime Boundaries Treaty means the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time. Note: The Timor Sea Maritime Boundaries Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). 60 Schedule 4 (table item 14) Repeal the item, substitute: 14 Goods, as prescribed by by‑law, that are for use in an activity that is one of the Petroleum Activities within the meaning of the Timor Sea Maritime Boundaries Treaty and takes place in: Free (a) the Greater Sunrise special regime area within the meaning of the Seas and Submerged Lands Act 1973; or (b) the Greater Sunrise pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (c) the area in or above the Bayu‑Undan Gas Field within the meaning of the Timor Sea Maritime Boundaries Treaty; or (d) the Bayu‑Undan pipeline international offshore area within the meaning of the Offshore Petroleum and Greenhouse Gas Storage Act 2006; or (e) the area in or above the Kitan Oil Field within the meaning of the Timor Sea Maritime Boundaries Treaty Part 10—Amendment of the Environment Protection and Biodiversity Conservation Act 1999 Environment Protection and Biodiversity Conservation Act 1999 61 Paragraphs 5(3)(a), (b) and (c) Repeal the paragraphs, substitute: (a) Australian nationals; and (b) Australian permanent residents; and 62 After subsection 5(4) Insert: Application in Greater Sunrise special regime area (4A) Despite subsections (2) and (4), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area applies only in relation to: (a) Australian nationals who are not nationals or permanent residents of Timor‑Leste; and (b) Australian permanent residents who are not nationals or permanent residents of Timor‑Leste; and (c) the Commonwealth; and (d) Commonwealth agencies; and (e) the States; and (f) the self‑governing Territories; and (g) agencies of the States or self‑governing Territories; and (h) Australian aircraft; and (i) Australian vessels; and (j) members of crews of Australian aircraft and Australian vessels (including persons in charge of aircraft or vessels); and (k) persons, aircraft or vessels declared under subsection (4B) to be subject to the provision. (4B) The Minister may, by notifiable instrument, declare all or any of one or more of the following to be subject to a provision of this Act, if the Minister is satisfied that Timor‑Leste has agreed to them being subject to the provision as it has effect in relation to a place that is in or above the Greater Sunrise special regime area: (a) nationals of a foreign country who are not nationals or permanent residents of Timor‑Leste; (b) aircraft with the nationality of a foreign country other than Timor‑Leste; (c) vessels with the nationality of a foreign country other than Timor‑Leste; (d) members of crews (including persons in charge) of aircraft or vessels described in paragraph (b) or (c). (4C) Despite subsections (2), (4) and (4A), a provision of this Act that has effect in relation to a place that is in or above the Greater Sunrise special regime area does not apply in relation to an act, omission, matter or thing that relates to any of the Petroleum Activities within the meaning of the Treaty between Australia and the Democratic Republic of Timor‑Leste Establishing their Maritime Boundaries in the Timor Sea done at New York on 6 March 2018, as in force from time to time. Note: The Treaty could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). (4D) Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act. Note: Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. 63 Subsection 5(5) Insert: Australian national means: (a) an Australian citizen; or (b) a corporation incorporated in Australia or an external Territory. Australian permanent resident means a person who: (a) is not an Australian citizen; and (b) holds a permanent visa under the Migration Act 1958; and (c) is domiciled in Australia or an external Territory. Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. national of a foreign country means: (a) a citizen of the country; or (b) a corporation incorporated in the country. 64 Paragraphs 224(2)(a), (b) and (c) Repeal the paragraphs, substitute: (a) Australian nationals; and (b) Australian permanent residents; and 65 Section 528 Insert: Australian national has the meaning given by subsection 5(5). Australian permanent resident has the meaning given by subsection 5(5). 66 Section 528 (definition of continental shelf) Repeal the definition, substitute: continental shelf means: (a) the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories); or (b) the Greater Sunrise special regime area. 67 Section 528 Insert: Greater Sunrise special regime area has the meaning given by subsection 5(5). national of a foreign country has the meaning given by subsection 5(5). Part 11—Amendment of the Environment Protection (Sea Dumping) Act 1981 Environment Protection (Sea Dumping) Act 1981 68 Subsection 4(1) Insert: Australian platform means a platform in Australian waters that is: (a) owned by: (i) an Australian citizen; or (ii) a person who holds a permanent visa under the Migration Act 1958 and is domiciled in Australia or an external Territory; or (iii) a corporation incorporated in Australia or an external Territory; or (iv) the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or (b) operated by: (i) a corporation incorporated in Australia or an external Territory; or (ii) the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or (c) prescribed by regulations made for the purposes of this paragraph as being an Australian platform; except a platform prescribed by the regulations as not being an Australian platform. Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003. Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973. 69 After section 4B Insert: 4C Application of Act in relation to Greater Sunrise special regime area Limit on issuing permits (1) The Minister must not issue a permit in relation to the Greater Sunrise special regime area unless: (a) the Minister has first consulted Timor‑Leste about issuing the permit; or (b) a declaration is in force under subsection (2) and the issue of the permit is within the scope of the agreement to which the declaration relates. (2) The Minister may, by notifiable instrument, declare that Timor‑Leste has notified Australia that Timor‑Leste agrees to the issue of permits under this Act in relation to the Greater Sunrise special regime area, either generally or in particular circumstances. Note: The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901. Limit on inspectors exercising powers (3) An inspector must not exercise powers under this Act in or above the Greater Sunrise special regime area in relation to: (a) a vessel other than an Australian vessel; or (b) an aircraft other than an Australian aircraft; or (c) a platform other than an Australian platform; unless: (d) the Minister has first consulted Timor‑Leste about the exercise of powers by inspectors in the Greater Sunrise special regime area in relation to that vessel, aircraft or platform; or (e) a declaration is in force under subsection (4) and the exercise of the powers is within the scope of the agreement to which the declaration relates. (4) The Minister may, by notifiable instrument, declare that Timor‑Leste has notified Australia that Timor‑Leste agrees to the exercise by inspectors of powers under this Act in or above the Greater Sunrise special regime area, either generally or in particular circumstances. Note: The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901. (5) The validity of the exercise of a power is not affected by a failure to comply with subsection (3). Act not limited by the Seas and Submerged Lands Act 1973 (6) Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act. Note: Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. 70 Section 5 Before "This Act", insert "(1)". 71 At the end of section 5 Add: (2) This Act does not apply in relation to the disposal or storage, in the Greater Sunrise special regime area or the waters above it, of a vessel, aircraft or platform directly arising from, or related to, the exploration, exploitation and associated off‑shore processing, of seabed mineral resources. Part 12—Amendment of the Fair Work Act 2009 Fair Work Act 2009 72 Section 12 (definition of continental shelf) Repeal the definition, substitute: continental shelf means: (a) the continental shelf (as defined in the Seas and Submerged Lands Act 1973) of Australia (including its external Territories); and (b) the Greater Sunrise special regime area (as defined in the Seas and Submerged Lands Act 1973). 73 At the end of section 33 Add: Extension relating to Greater Sunrise special regime area (6) Despite subsection 13AB(1) of the Seas and Submerged Lands Act 1973: (a) an extension of this Act under subsection (1) of this section has effect; and (b) an extension of this Act, or a provision of this Act, because of regulations made for the purposes of subsection (3) of this section may (subject to those regulations) have effect; in relation to acts, omissions, matters and things directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area. This subsection has effect whether or not the extension is affected by subsection (4) of this section. Part 13—Amendment of the International Organisations (Privileges and Immunities) Act 1963 International Organisations (Privileges and Immunities) Act 1963 74 Section 5B Repeal the section. Part 14—Amendment of the Migration Act 1958 Migration Act 1958 75 Subsection 5(1) (definition of Australian seabed) Omit "(other than the seabed within the Joint Petroleum Development Area)". 76 Subsection 5(1) (definition of Joint Petroleum Development Area) Repeal the definition. Part 15—Amendment of the National Greenhouse and Energy Reporting Act 2007 Division 1—Amendments National Greenhouse and Energy Reporting Act 2007 77 Subsection 6A(2) Repeal the subsec