Criminal laws applicable in the Greater Sunrise special regime area
6A Criminal laws applicable in the Greater Sunrise special regime area
The provisions of the substantive criminal law of the Northern Territory from time to time apply to a criminal act done in the Greater Sunrise special regime area that is connected with, or arises out of, petroleum activities as if the act had been done in the Northern Territory.
However, the relevant substantive criminal law does not apply to:
an act done on or from a ship or aircraft; or
an act done by a national of Timor‑Leste who is not also a national of Australia; or
an act done by a permanent resident of Timor‑Leste who is not also a national of Australia.
Proceedings for an offence against a substantive criminal law as applied under this section may not be instituted against a person if:
the person has been acquitted or discharged without penalty in proceedings for an offence against a law in force in Timor‑Leste arising out of the same act; or
the person has incurred a penalty under a law in force in Timor‑Leste for such an offence; or
a competent authority of Timor‑Leste has decided not to prosecute the person for such an offence.
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.
Although the Attorney‑General has not consented to a prosecution under subsection (4):
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
a person may be charged with the offence; and
a person charged with the offence may be remanded in custody or on bail.
The Commonwealth and Northern Territory laws of criminal investigation, procedure and evidence from time to time apply to a criminal act done in the Greater Sunrise special regime area that is connected with, or arises out of, petroleum activities in the same way as those laws would apply to a maritime offence under clause 3 of Schedule 1 if in paragraph (2)(b) of that clause:
a reference to a State or to the State were a reference to the Northern Territory; and
the reference to the area of administrative responsibility for the relevant State were a reference to the Greater Sunrise special regime area.
In this section:
criminal act means an act that would, if done in the Northern Territory, contravene the substantive criminal law of the Northern Territory.
This Act’s bill:Explanatory memorandumSecond reading speech
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