# Migration zone etc.—offshore resources activities

> act-s9A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

9A Migration zone etc.—offshore resources activities

               Migration zone etc.
          (1) For the purposes of this Act, a person is taken to be in the
              migration zone while he or she is in an area to participate in, or to
              support, an offshore resources activity in relation to that area.
               Example 1: A person is taken to be in the migration zone under this section if the
                          person is on a vessel in an area to participate in an offshore resources
                          activity under the Offshore Petroleum and Greenhouse Gas Storage
                          Act 2006 in that area by exploring for, or recovering, petroleum.
               Example 2: A person who is a member of the crew of the vessel is also taken to be
                          in the migration zone under this section if the person is supporting the
                          offshore resources activity.
               Example 3: Neither a stowaway on the vessel, nor a person on the vessel because
                          the person was rescued at sea, is taken to be in the migration zone,
                          because neither is participating in, or supporting, the offshore
                          resources activity.

          (2) To avoid doubt, a person may be taken to be in the migration zone
              under subsection (1):
               (a) whether or not the person’s participation in, or support of, an
                   offshore resources activity in the area concerned has started,
                   is continuing or has concluded; and
               (b) whether or not the offshore resources activity concerned has
                   started, is continuing or has concluded.
          (3) For the purposes of this Act:
               (a) a person is taken to be in Australia while he or she is taken to
                    be in the migration zone because of subsection (1); and
               (b) a person is taken to travel to Australia if the person travels to
                    an area in which the person is taken to be in the migration
                    zone because of subsection (1); and









                 (c) a person is taken to enter Australia when the person enters an
                     area in which the person is taken to be in the migration zone
                     because of subsection (1); and
                 (d) subject to section 80—a person is taken to leave Australia
                     when the person leaves an area in which the person is taken
                     to be in the migration zone because of subsection (1).
          (4) Unless a provision of this Act, or another Act, expressly provides
              otherwise, this section does not have the effect of extending, for
              the purposes of another Act, the circumstances in which a person:
                (a) is in the migration zone or is taken to be in the migration
                    zone; or
                (b) is in Australia or is taken to be in Australia; or
                (c) travels to Australia or is taken to travel to Australia; or
                (d) enters Australia or is taken to enter Australia; or
                (e) leaves Australia or is taken to leave Australia.

               Meaning of offshore resources activity
          (5) In this section:
               offshore resources activity, in relation to an area, means:
                 (a) a regulated operation (within the meaning of section 7 of the
                     Offshore Petroleum and Greenhouse Gas Storage Act 2006)
                     that is being carried out, or is to be carried out, within the
                     area, except an operation determined by the Minister under
                     subsection (6); or
                (b) an activity performed under a licence or a special purpose
                     consent (both within the meaning of section 4 of the Offshore
                     Minerals Act 1994) that is being carried out, or is to be
                     carried out, within the area, except an activity determined by
                     the Minister under subsection (6); or
                 (c) an activity, operation or undertaking (however described)
                     that is being carried out, or is to be carried out:
                       (i) under a law of the Commonwealth, a State or a
                           Territory determined by the Minister under
                           subsection (6); and









                      (ii) within the area, as determined by the Minister under
                           subsection (6).
          (6) The Minister may, in writing, make a determination for the
              purposes of the definition of offshore resources activity in
              subsection (5).
          (7) A determination made under subsection (6) is a legislative
              instrument, but section 42 (disallowance) of the Legislation Act
              2003 does not apply to the determination.
          (8) To avoid doubt, for the purposes of subsection (1), a person may
              participate in, or support, an offshore resources activity in relation
              to an area whether the person:
                (a) is on an Australian resources installation in the area; or
                (b) is otherwise in the area to participate in, or support, the
                    activity.
