Commonwealth Numbered Acts

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 9

9. After section 58A of the Principal Act the following section is inserted:
Direct journeys between certain resources installations and external places
prohibited

"58B. (1) In this section:
'external place' does not include Indonesia.

"(2) Subject to subsection (6), where a person travels from an external place
to a resources installation in Area A (whether or not in the course of a
longer journey) without entering either Australia or Indonesia:

   (a)  that person; and

   (b)  the owner of the installation; and

   (c)  the owner and person in charge of the ship or aircraft on which the
        person arrives at the installation; are each guilty of an offence
        against this section.

"(3) Subject to subsection (6), where goods are taken from an external place
to a resources installation in Area A (whether or not previously brought to
that place from another place) without being taken into either Australia or
Indonesia:

   (a)  the owner of the goods at the time of their arrival at the
        installation; and

   (b)  the owner of the installation; and

   (c)  the owner and person in charge of the ship or aircraft on which the
        goods arrive at the installation; are each guilty of an offence
        against this section.

"(4) Subject to subsection (6), where a person travels from a resources
installation in Area A to an external place (whether or not in the course of a
longer journey) without entering either Australia or Indonesia:

   (a)  that person; and

   (b)  the owner of the installation; and

   (c)  the owner and person in charge of the ship or aircraft on which the
        person left the installation; are each guilty of an offence against
        this section.

"(5) Subject to subsection (6), where goods are sent from a resources
installation in Area A to an external place (whether or not the goods are sent
on from that place) without being taken into Australia or Indonesia:

   (a)  the person who sends the goods; and

   (b)  the owner of the installation; and

   (c)  the owner and person in charge of the ship or aircraft on which the
        goods leave the installation; are each guilty of an offence against
        this section.

"(6) It is a defence to a prosecution for an offence against this section that
the journey because of which the offence would have been committed:

   (a)  was necessary to secure the safety of, or appeared to be the only way
        of averting a threat to, human life; or

   (b)  was necessary to secure, or appeared to be the only way of averting a
        threat to, the safety of a ship at sea, of an aircraft in flight or of
        a resources installation; or

   (c)  was authorised in writing by the Comptroller and was carried out in
        accordance with the conditions (if any) specified in the
        authorisation.

"(7) Subsection (6) is not to be taken to limit by implication any defence
that would, apart from that subsection, be available to a person charged with
an offence against this section.

"(8) For the purposes of this section:

   (a)  a person is not to be taken to travel from or to an external place or
        an installation only because the person is in an aircraft flying over,
        or on a landing place in or on, the place or installation; and

   (b)  goods are not to be taken to have been brought from, or sent to, an
        external place or an installation only because the goods were in an
        aircraft that flew over, or was on a landing place in or on, the place
        or installation.

"(9) A person who commits an offence against this section is punishable, on
conviction, by a fine not exceeding $10,000.".