Off-shore Waters (Application of Laws) Act 1976

This Act may be cited as the Off-shore Waters (Application of Laws) Act 1976.

In this Act, unless the contrary intention appears—

coastal waters of South Australia has the same meaning as coastal waters of the State has in relation to South Australia under the Coastal Waters (State Powers) Act 1980 of the Commonwealth;

law of the State means any law or rule of law of the State whether present or future, civil or criminal or written or unwritten;

off-shore waters means the waters specified in the Schedule to this Act as being off-shore waters;

person connected with the State means a person who—

is domiciled in the State; or

is permanently or temporarily resident in the State; or

being a body corporate, carries on business in the State or is registered, incorporated or established under a law of the State; or

is on or is operating from a ship, boat or vessel of any kind licensed or registered or required to be licensed or registered under a law of the State; or

is on or operating from a rig or other structure or installation of any kind, the operation or functioning of which is regulated by a law of the State; or

is, or is a person of a class or kind, declared by proclamation to be a person connected with the State for the purposes of this Act.

Subject to subsection (2) of this section and to Part 2 of the Petroleum (Submerged Lands) Act 1982, and to regulations made under that Act, every law of the State that is not expressly or by necessary implication limited in application to acts or omissions occurring or matters, things or circumstances existing or arising within the State, applies in, over and under off-shore waters.

This section does not operate to apply criminal laws within the meaning of the Crimes (Offences at Sea) Act 1980 to any act, omission, circumstance or state of affairs to which those laws apply by virtue of that Act.

Subject to subsection (2) of this section and to Part 2 of the Petroleum (Submerged Lands) Act 1982, and to regulations made under that Act, every law of the State that is not expressly or by necessary implication limited in application to acts or omissions occurring or matters, things or circumstances existing or arising within the State applies in, over or under off-shore waters to and in relation to—

a person connected with the State; or

a person who does any act or makes any omission affecting the person or property of a person connected with the State.

This section does not operate to apply criminal laws within the meaning of the Crimes (Offences at Sea) Act 1980 to any act, omission, circumstance or state of affairs to which those laws apply by virtue of that Act.

For the purposes of proceedings for an offence against a law of the State an averment in an information or complaint that—

a person was, at a specified time or in respect of a specified period, a person connected with the State; or

specified waters are off-shore waters, shall, in the absence of proof to the contrary, be deemed to have been proved.

Where by virtue of this Act a civil or criminal cause or matter arises, every court or other body exercising judicial powers shall have the same jurisdiction to try or otherwise deal with that cause or matter as it would have had if that cause or matter had arisen within the boundaries of the State.