Commonwealth Consolidated Acts

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UNDERWATER CULTURAL HERITAGE ACT 2018 - SECT 52

Ownership of, and sovereignty in, remains of Australian defence vessels etc.

  (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 t he Australian De fence 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.


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