Crimes at Sea Act 2001

This Act may be cited as the Crimes at Sea Act 2001.

This Act commences on a day to be fixed by proclamation.

In this Act—

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 the schedule.

intergovernmental agreement means the agreement entered into under clause 5 of the schedule.

To the extent that it lies within the legislative competence of the State to give the cooperative scheme the force of law, it has the force of law.

Offences (other than offences arising under the law of the State) are classified for the purposes of the cooperative scheme as follows—

if the maximum penalty for the offence is a fine or imprisonment for not more than 2 years, the offence is classified as a summary offence;

if the maximum penalty for the offence is (or includes) imprisonment for more than 2 years but not more than 5 years, the offence is classified as a misdemeanour;

if the maximum penalty for the offence is (or includes) imprisonment for more than 5 years or for an indeterminate term, the offence is classified as a crime.

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 or omission to which the Crimes (Aviation) Act 1991 (Cwlth), section 15, applies.

The Governor in Council may make regulations under this Act.

However, this section does not authorise the making of regulations for the purposes of the cooperative scheme.

This section amends the Criminal Code.

The Criminal Code, section 14A—omit.

Although section 9 omits the Criminal Code, section 14A, the Criminal Code, section 14A continues to apply, in relation to acts and omissions that took place before the commencement of section 9, as if the Criminal Code, section 14A, had not been omitted.

For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day section 9 commences, the act or omission is alleged to have taken place before the commencement of section 9.

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...

Australian ship means—

a ship registered in Australia; or

a ship that operates, or is controlled, from a base in Australia and is not registered under the law of another country; or

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—

on the landward side of the baseline for the State; and

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—

the investigation of offences (including coronial inquiry); or

immunity from prosecution and undertakings about the use of evidence; or

the arrest and custody of offenders or suspected offenders; or

bail; or

the laying of charges; or

the capacity to plead to a charge, or to stand trial on a charge; or

the classification of offences as indictable or summary offences (and sub-classification within those classes); or

procedures for dealing with a charge of a summary offence; or

procedures for dealing with a charge of an indictable offence (including preliminary examination of the charge); or

procedures for sentencing offenders and the punishment of offenders; or

the hearing and determination of appeals in criminal proceedings; or

the rules of evidence; or

other subjects declared by regulation to be within the ambit of the law of criminal investigation, procedure and evidence; or

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 floating structure; and

a hovercraft or other similar craft.

State includes the Northern Territory.

substantive criminal law means law (including unwritten law)—

creating offences or imposing criminal liability for offences; or

dealing with capacity to incur criminal liability; or

providing a defence or for reduction of the degree of criminal liability; or

providing for the confiscation of property used in, or derived from, the commission of an offence; or

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

dealing with other subjects declared by regulation to be within the ambit of the substantive criminal law of a State; or

providing for the interpretation of laws of the kinds mentioned above.

summary offence means any offence other than an indictable offence.

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).

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.

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.

However, this clause does not—

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; orExample—

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.

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 area 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.