(1) Ownership of, and sovereignty in, the following property in waters outside the outer limits of Australian waters vests in the Commonwealth:
(a) the remains of the following vessels:
(i) a vessel belonging to or used by the Australian Defence Force;
(ii) a Government vessel (within the meaning of the Navigation Act 2012 ) that was used only on government non - commercial service;
(b) articles associated with such vessels;
(c) the remains of aircraft belonging to or used by the Australian Defence Force;
(d) articles associated with such aircraft.
(2) Subsection (1) does not apply to the remains of a vessel if:
(a) the vessel was captured by, and surrendered to, a foreign country before the vessel sank; or
(b) the Commonwealth has expressly relinquished its rights in relation to the vessel under international law.
(3) Subsection (1) does not apply to the remains of an aircraft if:
(a) the aircraft was abandoned after it sank, with the intention that the Commonwealth relinquish its rights in relation to the aircraft; or
(b) the Commonwealth has expressly relinquished its rights in relation to the aircraft under international law.