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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Crimes at Sea
Bill 1999
No. ,
1999
(Justice and
Customs)
A Bill for an Act to give effect
to a cooperative scheme for dealing with crimes at sea, and for other
purposes
ISBN:
06424 09846
Contents
Crimes Act
1914 29
Crimes at Sea Act
1979 29
Nuclear Non-Proliferation (Safeguards) Act
1987 29
Offshore Minerals Act
1994 29
Petroleum (Australia-Indonesia Zone of Cooperation) Act
1990 29
Petroleum (Submerged Lands) Act
1967 30
Sea Installations Act
1987 30
South Pacific Nuclear Free Zone Treaty Act
1986 30
A Bill for an Act to give effect to a cooperative scheme
for dealing with crimes at sea, and for other purposes
The Commonwealth and the States have agreed to a cooperative scheme to
apply the criminal law of the States extraterritorially in the areas adjacent to
the coast of Australia.
Under the scheme, the criminal law of each State is to apply in the area
adjacent to the State:
(a) for a distance of 12 nautical miles from the baseline for the
State—by force of the law of the State; and
(b) beyond 12 nautical miles up to a distance of 200 nautical miles from
the baseline for the State or the outer limit of the continental shelf
(whichever is the greater distance)—by force of the law of the
Commonwealth.
Responsibility for administering criminal justice in the area covered by
the scheme will be divided between the Commonwealth and the States under the
scheme and an intergovernmental agreement.
The purposes of this Act are:
(a) to give legal force to the scheme (so far as it depends on the
legislative power of the Commonwealth) and to provide for consequential vesting
of judicial and other powers; and
(b) to provide for the application of Australian criminal law in certain
cases beyond the area covered by the scheme.
The Parliament of Australia therefore
enacts:
This Act may be cited as the Crimes at Sea Act 1999.
(1) Sections 1 and 2 commence on the day on which this Act receives the
Royal Assent.
(2) Subject to subsection (3), the remaining provisions of this Act
commence on a day to be fixed by Proclamation.
(3) If the provisions referred to in subsection (2) do not commence under
that subsection within the period of 12 months beginning on the day on which
this Act receives the Royal Assent, they commence on the first day after the end
of that period.
Subject to section 2, each Act that is specified in Schedule 2 is amended
or repealed as set out in the applicable items in that Schedule, and any other
item in that Schedule has effect according to its terms.
In this Act:
act includes an omission.
adjacent area means the whole of the area to which the
cooperative scheme applies.
Area A of the Zone of Cooperation has the same meaning as in
the Petroleum (Australia-Indonesia Zone of Cooperation) Act
1990.
Australian ship means:
(a) a ship registered in Australia; or
(b) a ship that operates, or is controlled, from a base in Australia and
is not registered under the law of another country; or
(c) a ship that belongs to an arm of the Defence Force.
cooperative scheme means the legislative and administrative
scheme for applying and enforcing criminal law in the areas adjacent to the
coast of Australia set out in Schedule 1.
foreign ship means a ship other than an Australian
ship.
intergovernmental agreement means the intergovernmental
agreement entered into under clause 5 of the cooperative scheme.
law of criminal investigation, procedure and evidence has the
same meaning as in clause 1 of Schedule 1.
petroleum has the same meaning as in the Treaty set out in
the Schedule to the Petroleum (Australia-Indonesia Zone of Cooperation) Act
1990.
police officer means a member or special member of the
Australian Federal Police or a member of the police force or police service of a
State or Territory.
ship means a vessel or boat of any description and
includes:
(a) a floating structure; and
(b) a hovercraft or other similar craft.
substantive criminal law has the same meaning as in clause 1
of Schedule 1.
To the extent that it lies within the legislative competence of the
Commonwealth to give the cooperative scheme the force of law, it has the force
of law.
(1) The substantive criminal law of the Jervis Bay Territory, as in force
from time to time, applies at sea outside the adjacent area to a criminal
act:
(a) on an Australian ship; or
(b) in the course of activities controlled from an Australian ship;
or
(c) of a person who has abandoned, or temporarily left, an Australian ship
and has not returned to land.
(2) The substantive criminal law of the Jervis Bay Territory, as in force
from time to time, applies at sea outside the adjacent area to a criminal
act:
(a) of an Australian citizen (other than a member of the crew) on a
foreign ship; or
(b) of an Australian citizen (other than a member of the crew) in the
course of activities controlled from a foreign ship; or
(c) of an Australian citizen who has abandoned, or temporarily left, a
foreign ship and has not returned to land.
(3) The substantive criminal law of the Jervis Bay Territory, as in force
from time to time, is taken to have applied at sea outside the adjacent area to
a criminal act:
(a) on a foreign ship; or
(b) in the course of activities controlled from a foreign ship;
or
(c) of a person who has abandoned, or temporarily left, a foreign ship and
has not returned to land;
if the first country at which the ship calls, or the person lands, after
the criminal act, is Australia or an external territory of Australia.
(4) A charge of an offence that arises under this section cannot proceed
to hearing or determination or, if the offence is an indictable offence, to
preliminary examination in committal proceedings, unless the Attorney-General
consents in writing to the hearing and determination of the charge.
(5) Before granting such a consent, the Attorney-General must take into
account any views expressed by the government of a country other than Australia
whose jurisdiction over the alleged offence is recognised under principles of
international law.
(6) Even though the Attorney-General has not granted such a consent, the
absence of consent is not to prevent or delay:
(a) the arrest of the suspected offender or proceedings related to arrest
(such as proceedings for the issue and execution of a warrant); or
(b) the laying of a charge against the suspected offender; or
(c) proceedings for the extradition to Australia of the suspected
offender; or
(d) proceedings for remanding the suspected offender in custody or on
bail.
(7) If the Attorney-General declines to grant consent, the court in which
the suspected offender has been charged with the offence must permanently stay
proceedings on the charge.
(8) In any proceedings, an apparently genuine document purporting to be a
copy of a written consent granted by the Attorney-General in accordance with
this section will be accepted, in the absence of proof to the contrary, as proof
of such consent.
(9) If:
(a) a person is charged with an offence that arises under this section;
but
(b) there is a country other than Australia whose jurisdiction over the
alleged offence is recognised under principles of international law;
it is a defence to prove:
(c) that no corresponding offence exists under the law of the other
country; or
(d) that such a corresponding offence does exist but a defence to a charge
of the corresponding offence could be made out under the law of the other
country.
(10) This section does not apply to an act that takes place in:
(a) the territorial waters of Norfolk Island (within the meaning of the
Territorial Waters Act 1926 of Norfolk Island); or
(b) the coastal sea (within the meaning of subsection 15B(4) of the
Acts Interpretation Act 1901 of the Commonwealth) of any of the following
Territories:
(i) the Territory of Christmas Island;
(ii) the Territory of Cocos (Keeling) Islands;
(iii) the Australian Antarctic Territory;
(iv) the Territory of Heard Island and McDonald Islands;
(v) the Territory of Ashmore and Cartier Islands;
(vi) the Coral Sea Islands Territory.
(11) In this section:
criminal act means an act that would, if done in the Jervis
Bay Territory, contravene the substantive criminal law of the Jervis Bay
Territory.
(1) The provisions of the substantive criminal law in force in the
Northern Territory from time to time apply to a criminal act done in Area A of
the Zone of Cooperation that is connected with, or arises out of, the
exploration for, or exploitation of, petroleum resources as if the act had been
done in the Northern Territory.
(2) However, the relevant substantive criminal law does not apply
to:
(a) an act done on or from a ship or aircraft; or
(b) an act done by a national of Indonesia who is not also a national of
Australia; or
(c) an act done by a permanent resident of Indonesia who is not also a
national of Australia.
(3) Proceedings for an offence against a substantive criminal law as
applied under this section may not be instituted against a person if:
(a) the person has been acquitted or discharged without penalty in
proceedings for an offence against a law of Indonesia arising out of the same
act; or
(b) the person has incurred a penalty under a law of Indonesia for such an
offence; or
(c) a competent authority of Indonesia has decided not to prosecute the
person for such an offence.
(4) A prosecution for an offence against a law applied by subsection (1)
may only be heard and determined if the Attorney-General consents in writing to
the prosecution.
(5) Although the Attorney-General has not consented to a prosecution under
subsection (4):
(a) a person may be arrested for the offence, and a warrant for the arrest
of a person for the offence may be issued and executed; and
(b) a person may be charged with the offence; and
(c) a person charged with the offence may be remanded in custody or on
bail.
(6) The provisions of the laws of criminal investigation, procedure and
evidence in force in the Commonwealth and the States from time to time apply to
a criminal act done in Area A of the Zone of Cooperation that is connected with,
or arises out of, the exploration for, or exploitation of, petroleum resources
in the same way as those provisions apply to maritime offences under clause 3 of
Schedule 1.
(7) In this section:
criminal act means an act that would, if done in the Northern
Territory, contravene the substantive criminal law in force in the Northern
Territory.
State includes the Northern Territory.
(1) If Indonesia wishes to transport in custody through Australia a person
(the accused) who has been arrested for an offence against a
criminal law of Indonesia that applies in Area A of the Zone of Cooperation, the
following provisions apply:
(a) the accused may be transported in custody through Australia;
and
(b) if an aircraft or ship transporting the accused makes a landing or
calls at a place in Australia:
(i) the person holding the accused in custody before the landing or call
is made may hold the accused in custody for not more than 24 hours;
and
(ii) a police officer may provide reasonable and necessary assistance to
facilitate the transport of the accused in custody; and
(iii) a magistrate to whom application is made, according to the
regulations, on behalf of Indonesia is required to issue a warrant ordering a
person specified in the warrant to hold the accused in custody for a period or
periods the magistrate considers necessary to facilitate the transport of the
accused in custody; and
(iv) the Attorney-General may, on application on behalf of Indonesia,
authorise, in writing, a magistrate to issue a warrant ordering a person
specified in the warrant to hold the accused in custody for a further specified
period in order to facilitate the transport of the accused in custody;
and
(v) the Attorney-General may at any time direct a person having custody of
the accused under this paragraph to release the accused; and
(vi) the total period of custody under subparagraphs (i) and (iii) must
not exceed 96 hours.
(2) A police officer may, without warrant, arrest a person if the officer
has reasonable grounds for believing that the person has escaped from custody
authorised by subsection (1).
(3) A person arrested under subsection (2) must be returned to
custody.
(4) For the purposes of this section, a place at which an aircraft or ship
begins its journey or voyage is to be treated as a place at which the aircraft
has landed, or the ship has called, as the case requires.
(1) The regulations may give effect to an agreement or arrangement between
Australia and Indonesia about the enforcement of criminal laws applying in Area
A of the Zone of Cooperation.
(2) The regulations may, for example:
(a) provide for the production of documents, the summoning of witnesses
and the taking of evidence by Indonesian authorities for use in proceedings in
Australia; and
(b) provide for:
(i) the apprehension and detention in Area A of the Zone of Cooperation,
by Indonesian authorities, of persons accused of offences against criminal laws
of Australia applied under this Part; and
(ii) the transport and surrender, in Area A of the Zone of Cooperation or
elsewhere, of the persons to Australian authorities; and
(c) provide for:
(i) the apprehension and detention in Area A of the Zone of Cooperation,
by Australian authorities, of persons accused of offences against criminal laws
of Indonesia; and
(ii) the transport and surrender, in Area A of the Zone of Cooperation or
elsewhere, of the persons to Indonesian authorities; and
(d) prescribe the practice and procedure of magistrates in performing
functions under regulations made for the purposes of this section.
(3) A provision for detention of a person under this section may only
authorise detention until the time it first becomes practicable to surrender the
person to an appropriate Australian or Indonesian authority.
(4) A provision made under paragraph (2)(c) excludes the application of
the Extradition Act 1988 from offences to which the provision
applies.
The Minister must have the intergovernmental agreement, and any amendment
to the intergovernmental agreement, published in the Gazette.
This Act and the cooperative scheme do not apply to an act to which
section 15 of the Crimes (Aviation) Act 1991 applies.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) However, this section does not authorise the making of regulations for
the purposes of the cooperative scheme.
Note: The Governor-General has power to make regulations for
the purposes of the cooperative scheme under clause 12 of the
scheme.
(1) In this scheme:
adjacent area for a State has the meaning given by clause 14
of this Schedule.
Area A of the Zone of Cooperation has the same meaning as in
the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990
(Commonwealth).
Australian ship means:
(a) a ship registered in Australia; or
(b) a ship that operates, or is controlled, from a base in Australia and
is not registered under the law of another country; or
(c) a ship that belongs to an arm of the Defence Force.
baseline for a State has the meaning given by clause 15 of
this Schedule.
foreign ship means a ship other than an Australian
ship.
indictable offence means an offence for which a charge may be
laid by indictment or an equivalent process (whether that is the only, or an
optional, way to lay a charge of the offence).
inner adjacent area for a State means the parts of the
adjacent area for the State that are:
(a) on the landward side of the baseline for the State; and
(b) on the seaward side, but within 12 nautical miles from, the baseline
for the State.
intergovernmental agreement means the agreement entered into
under clause 5 of this Schedule.
law of criminal investigation, procedure and evidence means
law (including unwritten law) about:
(a) the investigation of offences (including coronial inquiry);
or
(b) immunity from prosecution and undertakings about the use of evidence;
or
(c) the arrest and custody of offenders or suspected offenders;
or
(d) bail; or
(e) the laying of charges; or
(f) the capacity to plead to a charge, or to stand trial on a charge;
or
(g) the classification of offences as indictable or summary offences (and
sub-classification within those classes); or
(h) procedures for dealing with a charge of a summary offence;
or
(i) procedures for dealing with a charge of an indictable offence
(including preliminary examination of the charge); or
(j) procedures for sentencing offenders and the punishment of offenders;
or
(k) the hearing and determination of appeals in criminal proceedings;
or
(l) the rules of evidence; or
(m) other subjects declared by regulation to be within the ambit of the
law of criminal investigation, procedure and evidence; or
(n) the interpretation of laws of the kinds mentioned above.
maritime offence means an offence against a law that applies
in the adjacent area for a State under this scheme.
offence means an indictable or summary offence.
outer adjacent area for a State means the part of the
adjacent area for the State that is outside the inner adjacent area for the
State.
participating State Minister means a Minister responsible for
administering a State Act that gives effect to this scheme.
ship means a vessel or boat of any description and
includes:
(a) a floating structure; and
(b) a hovercraft or other similar craft.
State includes the Northern Territory.
substantive criminal law means law (including unwritten
law):
(a) creating offences or imposing criminal liability for offences;
or
(b) dealing with capacity to incur criminal liability; or
(c) providing a defence or for reduction of the degree of criminal
liability; or
(d) providing for the confiscation of property used in, or derived from,
the commission of an offence; or
(e) providing for the payment of compensation for injury, loss or damage
resulting from the commission of an offence, or the restitution of property
obtained through the commission of an offence; or
(f) dealing with other subjects declared by regulation to be within the
ambit of the substantive criminal law of a State; or
(g) providing for the interpretation of laws of the kinds mentioned
above.
summary offence means any offence other than an indictable
offence.
(2) The law of criminal investigation, procedure and evidence of the
Commonwealth includes provisions of State law on the relevant subjects applied
under the Judiciary Act 1903 (Commonwealth).
(1) The substantive criminal law of a State, as in force from time to
time, applies, by force of the law of the State, throughout the inner adjacent
area for the State.
(2) The provisions of the substantive criminal law of a State, as in force
from time to time, apply, by force of the law of the Commonwealth, throughout
the outer adjacent area for the State.
(3) However, this clause does not:
(a) apply to a substantive criminal law that is incapable of applying in
an adjacent area or is limited by its express terms to a place within the area
of a State; or
Example: A law making it an offence to drive a motor vehicle
at a speed exceeding a prescribed limit on a road could not apply in an adjacent
area because of the inherent localising elements of the offence. The scheme does
not therefore purport to extend the application of such a law to the adjacent
area.
(b) give a legal effect to a provision of a substantive criminal law that
the provision does not have within the area of the State.
Example: If the effect of a provision of the substantive
criminal law of a State is limited under section 109 of the Constitution within
the territory of the State, the effect is similarly limited in the outer
adjacent area for the State even though the provision applies in the outer
adjacent area under the legislative authority of the
Commonwealth.
(1) In this clause:
act includes an omission.
area of administrative responsibility for a particular State
is:
(a) the area of the State; and
(b) the inner adjacent area for the State; and
(c) other parts of the adjacent area in which the State has, under the
intergovernmental agreement, responsibility (which may be either exclusive or
concurrent) for administering criminal justice.
authority includes an agent or official.
Commonwealth judicial proceeding means:
(a) a judicial proceeding related to a maritime offence:
(i) initiated by an authority of the Commonwealth; or
(ii) for the conduct of which an authority of the Commonwealth has assumed
responsibility; or
(b) a judicial proceeding about an investigation, procedure or act by an
authority of the Commonwealth in relation to a maritime offence.
judicial proceeding means:
(a) a proceeding in a court (whether between parties or not) or a
proceeding incidental to or connected with a proceeding in a court; or
(b) the laying of a charge; or
(c) the preliminary examination of a charge of an indictable offence or a
proceeding incidental to or connected with the preliminary examination of a
charge of an indictable offence.
preliminary examination of a charge of an indictable offence
means a proceeding to decide whether the defendant should be committed for trial
or, if the defendant pleads guilty to the charge, to commit the defendant for
sentence.
State judicial proceeding means:
(a) a judicial proceeding related to a maritime offence:
(i) initiated by an authority of a State; or
(ii) for the conduct of which an authority of a State has assumed
responsibility; or
(b) a judicial proceeding about an investigation, procedure or act by an
authority of a State in relation to a maritime offence.
(2) The laws of criminal investigation, procedure and evidence of the
Commonwealth and the States apply to maritime offences as follows:
(a) the law of the Commonwealth applies to investigations, procedures and
acts (other than judicial proceedings) by authorities of the Commonwealth;
and
(b) the law of a State applies to investigations, procedures and acts
(other than judicial proceedings) by authorities of the State operating within
the area of administrative responsibility for the relevant State; and
(c) in a Commonwealth judicial proceeding the law of the Commonwealth
applies and in a State judicial proceeding the law of the State in which the
proceeding was commenced applies (subject to the Constitution) irrespective of
whether:
(i) the maritime offence arises under the law of the State in which the
proceeding was commenced or another State; or
(ii) the substantive criminal law against which the offence was committed
applies in the relevant part of the adjacent area under the law of the State in
which the proceeding was commenced, another State or the Commonwealth.
Example 1: Suppose that a person is charged by a State
authority with a maritime offence on the assumption that the offence was
committed in the inner adjacent area for the State but the court is satisfied in
the course of the proceedings that the acts alleged against the defendant took
place in the outer adjacent area for the State. In this case, the court could
continue with the proceedings under the procedural laws of the State. However,
the court could not (for example) convict the defendant on the basis of a
majority verdict of a jury (because to do so would be contrary to the
Commonwealth Constitution—see Cheatle, 177 CLR
541).
Example 2: Suppose that a person is charged by a State
authority in a South Australian court with a maritime offence alleged to have
been committed in the adjacent area for Western Australia. For the purposes of
the proceedings, the offence would be classified as a major indictable, minor
indictable or summary offence according to the South Australian rules and not by
reference to its classification under the law of Western Australia or the
Commonwealth.
(3) This clause operates to the exclusion of any Commonwealth or State law
that is inconsistent with it.
(4) A Commonwealth or State law enacted or made after the commencement of
this clause is to be construed as having effect subject to this clause, unless
the law expressly overrides this clause.
(5) The Administrative Decisions (Judicial Review) Act 1977
(Commonwealth) does not apply to a decision taken under a State law that applies
to investigations, procedures and acts by authorities of the State under
paragraph (2)(b).
If, in proceedings for a maritime offence, an alleged act, omission or
state of affairs, that is an element of the offence, is proved, an allegation in
the information or complaint that the act, omission or state of affairs happened
in the adjacent area, inner adjacent area, or outer adjacent area for a
particular State is taken to be proved in the absence of proof to the
contrary.
(1) The Commonwealth Attorney-General on behalf of the Commonwealth, and
the participating State Ministers, may enter into an agreement providing for the
division of responsibility for administering and enforcing the law relating to
maritime offences.
(2) The intergovernmental agreement may provide for concurrent
responsibility in specified parts of the adjacent area.
(1) A charge of a maritime offence must not be brought in a court contrary
to the intergovernmental agreement.
(2) If a charge of a maritime offence is brought in a court in
contravention of subclause (1), the court must, on application by the
Commonwealth Attorney-General or a participating State Minister, permanently
stay the proceedings in that court.
(3) However:
(a) a contravention of subclause (1) does not affect a court’s
jurisdiction; and
(b) if a charge of a maritime offence is brought in a court, the court
will not (except on an application under subclause (2)) be concerned to enquire
into whether the intergovernmental agreement has been complied
with.
(1) The Commonwealth Attorney-General’s written consent is required
before a charge of a maritime offence can proceed to hearing or determination
or, if the offence is an indictable offence, to preliminary examination in
committal proceedings, if:
(a) the offence is alleged to have been committed on or from a foreign
ship; and
(b) the ship is registered under the law of a country other than
Australia; and
(c) the country of registration has, under international law, jurisdiction
over the alleged offence.
(2) Before granting such a consent, the Commonwealth Attorney-General must
take into account any views expressed by the government of the country of
registration.
(3) Even though the Commonwealth Attorney-General has not granted such a
consent, the absence of consent is not to prevent or delay:
(a) the arrest of the suspected offender or proceedings related to arrest
(such as proceedings for the issue and execution of a warrant); or
(b) the laying of a charge against the suspected offender; or
(c) proceedings for the extradition to Australia of the suspected
offender; or
(d) proceedings for remanding the suspected offender in custody or on
bail.
(4) If the Commonwealth Attorney-General declines to grant consent, the
court in which the suspected offender has been charged with the offence must
permanently stay proceedings on the charge.
(5) In any proceedings, an apparently genuine document purporting to be a
copy of a written consent granted by the Commonwealth Attorney-General in
accordance with this clause will be accepted, in the absence of proof to the
contrary, as proof of such consent.
This scheme does not exclude the extraterritorial operation of State law
to the extent that the State law is capable of operating extraterritorially
consistently with the scheme.
This scheme does not apply to State and Commonwealth laws excluded by
regulation from the ambit of the scheme.
This scheme does not apply to Area A of the Zone of
Cooperation.
The Acts Interpretation Act 1901 (Commonwealth) applies to this
scheme in the same way as to a Commonwealth Act.
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this scheme to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this scheme.
(2) However, a regulation affecting the operation of this scheme in
relation to the inner adjacent area for a State may only be made with the
agreement of the participating State Minister for the relevant
State.
In this Part:
baseline of Australia’s territorial sea means the
baseline from which the breadth of the territorial sea is to be measured under
section 7 of the Seas and Submerged Lands Act 1973
(Commonwealth).
continental shelf has the same meaning as in the Seas and
Submerged Lands Act 1973 (Commonwealth).
territorial sea has the same meaning as in the Seas and
Submerged Lands Act 1973 (Commonwealth).
the
Petroleum Act means the Petroleum (Submerged Lands) Act 1967
(Commonwealth).
(1) The adjacent area for New South Wales, Victoria, South
Australia or Tasmania is so much of the area described in Schedule 2 to the
Petroleum Act in relation to that State as is within the outer limits of the
continental shelf. It also includes the space above and below that
area.
(2) The adjacent area for Queensland is:
(a) so much of the area described in Schedule 2 to the Petroleum Act in
relation to Queensland as is within the outer limits of the continental shelf;
and
(b) the Coral Sea area (within the meaning of subsection 5A(7) of the
Petroleum Act) other than the territorial sea within the Coral Sea area;
and
(c) the areas within the outer limits of the territorial sea adjacent to
certain islands of Queensland as determined by proclamation on 4 February 1983
under section 7 of the Seas and Submerged Lands Act 1973 (Commonwealth);
and
(d) the space above and below the areas described in paragraphs (a), (b)
and (c).
(3) The adjacent area for Western Australia is so much of
the area described in Schedule 2 to the Petroleum Act in relation to Western
Australia as:
(a) is within the outer limits of the continental shelf; and
(b) is not within Area A of the Zone of Cooperation.
It also includes the space above and below that area.
(4) The adjacent area for the Northern Territory
is:
(a) so much of the area described in Schedule 2 to the Petroleum Act in
relation to the Northern Territory as:
(i) is within the outer limits of the continental shelf; and
(ii) is not within Area A of the Zone of Cooperation; and
(b) the adjacent area for the Territory of Ashmore and Cartier Islands
(within the meaning of subsection 5A(3) of the Petroleum Act) other than the
territorial sea within that area; and
(c) the space above and below the areas described in paragraphs (a) and
(b).
(5) However, the adjacent area for a State does not include
any area inside the limits of any State or Territory.
The baseline for a State is the part of the baseline of
Australia’s territorial sea from which the part of the territorial sea
that is within the adjacent area for that State is measured.
(1) A map showing the various areas that are relevant to this scheme
appears in Appendix 1 to this scheme.
(2) The map is intended to be indicative only. The provisions of this
scheme and of the body of this Act prevail over the map if there is any
inconsistency.
1 Subsection 23V(4)
Omit “or the Crimes at Sea Act 1979”.
2 Subsection 23V(4)
Omit “either of those Acts”, substitute “that
Act”.
3 The whole of the Act
Repeal the Act.
Nuclear
Non-Proliferation (Safeguards) Act 1987
4 Subsections 23(3), 25(3) and
38(4)
Omit “Crimes at Sea Act 1979”, substitute
“Crimes at Sea Act 1999”.
5 Subsection 429(1)
Omit “criminal laws within the meaning of the Crimes at Sea Act
1979”, substitute “substantive criminal laws, or laws of
criminal investigation, procedure and evidence, within the meaning of Schedule 1
to the Crimes at Sea Act 1999”.
6 Subsection 429(2)
Omit “Crimes at Sea Act 1979”, substitute
“Crimes at Sea Act 1999”.
Petroleum
(Australia-Indonesia Zone of Cooperation) Act 1990
7 Subsection 11(2)
Omit “criminal laws within the meaning of the Crimes at Sea Act
1979”, substitute “substantive criminal laws, or laws of
criminal investigation, procedure and evidence, within the meaning of Schedule 1
to the Crimes at Sea Act 1999”.
Petroleum
(Submerged Lands) Act 1967
8 Subsections 9(2) and
11(2)
Omit “criminal laws within the meaning of the Crimes at Sea Act
1979”, substitute “substantive criminal laws, or laws of
criminal investigation, procedure and evidence, within the meaning of Schedule 1
to the Crimes at Sea Act 1999”.
9 Subsections 46(2) and
47(2)
Omit “criminal laws within the meaning of the Crimes at Sea Act
1979”, substitute “substantive criminal laws, or laws of
criminal investigation, procedure and evidence, within the meaning of Schedule 1
to the Crimes at Sea Act 1999”.
South
Pacific Nuclear Free Zone Treaty Act 1986
10 Subsection 14(2)
Omit “Crimes at Sea Act 1979”, substitute
“Crimes at Sea Act 1999”.
11 Application of
amendments
(1) The amendments made by this Schedule apply to acts and omissions that
take place after this Schedule commences.
(2) Although this Schedule repeals the Crimes at Sea Act 1979, that
Act continues to apply, in relation to acts and omissions that take place before
this Schedule commences, as if the repeal had not happened.