Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 subsection 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 subsection ( 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 purposes 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 .