Crimes at Sea Act 1999

Crimes at Sea Act 1999

This Act may be cited as the Crimes at Sea Act 1999.

The provisions of this Act commence on a day or days to be proclaimed.

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 Schedule 1;

intergovernmental agreement means the agreement entered into under clause 5 of Schedule 1.

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 minor indictable offence;

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 major indictable offence.

The Minister is to have the intergovernmental agreement, and any amendment to the intergovernmental agreement, published in the Gazette.

The Governor may make regulations for the purposes of this Act.

Subsection (1) does not authorise the making of regulations for the purposes of the cooperative scheme.

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.

The Crimes (Offences at Sea) Act 1979 is repealed.