40A.—(1) Without prejudice to any other powers of a member of the Defence Forces in that behalf, a member of the Defence Forces shall have all such powers as are necessary or expedient, including the power to use such force as is reasonable, proportionate and necessary, for the purposes of safeguarding, protecting and defending the security of the State in either or both of the following circumstances:

(a) where the passage or any activity of a foreign ship in the territorial sea or internal waters is considered to be prejudicial to such security;

(b) where there is considered to be a risk to the sovereign rights and jurisdiction of the State in the exclusive economic zone.

(2) The Chief of Staff shall, with the consent of the Minister, prepare and issue guidance to members of the Defence Forces on the exercise of any power by a member of the Defence Forces pursuant to this section.

(3) The Chief of Staff shall, as soon as is reasonably practicable, regarding the exercise of any power by a member of the Defence Forces pursuant to this section, provide the Minister with such information as may be required by the Minister.

(4) In this section—

"Act of 2021" means the Maritime Jurisdiction Act 2021;

"exclusive economic zone" shall be construed in accordance with section 13 of the Act of 2021;

"foreign ship" has the same meaning as it has in the Act of 2021;

"internal waters" shall be construed in accordance with section 8 of the Act of 2021;

"sovereign rights and jurisdiction of the State in the exclusive economic zone" means the sovereign rights and jurisdiction of the State provided for in section 14 of the Act of 2021;

"territorial sea" shall be construed in accordance with section 7 of the Act of 2021.]