Crimes at Sea Act 2000

This Act may be cited as the Crimes at Sea Act 2000.

(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.

3 Schedule(s)

Subject to section 2, each Act that is specified in Schedule 2 is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.

4 Definitions

In this Act:

act includes an omission.

adjacent area means the whole of the area to which the cooperative scheme applies.

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

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.

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

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 (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003).

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.

Part 2—The cooperative scheme

5 Ratification of cooperative scheme

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.

Part 3—Application of criminal law outside adjacent area

6 Application of Australian criminal law outside the adjacent area

(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

(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

(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

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

(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:

(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.

Part 3A—Cooperation between Australia and East Timor in the enforcement of criminal law

6A Criminal laws applicable in the Joint Petroleum Development Area

(1) The provisions of the substantive criminal law of the Northern Territory from time to time apply to a criminal act done in the Joint Petroleum Development Area 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 East Timor who is not also a national of Australia; or

(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 in force in East Timor arising out of the same act; or

(b) the person has incurred a penalty under a law in force in East Timor for such an offence; or

(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

(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 the Joint Petroleum Development Area 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 of the Northern Territory.

State includes the Northern Territory.

6B Transit of persons accused of offences against the laws of East Timor

(1) If East Timor wishes to transport in custody through Australia a person (the accused) who has been arrested for an offence against a criminal law in force in East Timor that applies in the Joint Petroleum Development Area, 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 East Timor 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 East Timor, 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.

6C Agreements relating to enforcement of criminal laws in the Joint Petroleum Development Area

(1) The regulations may give effect to an agreement or arrangement between Australia and East Timor about the enforcement of criminal laws applying in the Joint Petroleum Development Area.

(2) The regulations may, for example:

(a) provide for the production of documents, the summoning of witnesses and the taking of evidence by authorities of East Timor for use in proceedings in Australia; and

(b) provide for:

(i) the apprehension and detention in the Joint Petroleum Development Area, by authorities of East Timor, of persons accused of offences against criminal laws of Australia applied under this Part; and

(ii) the transport and surrender, in the Joint Petroleum Development Area or elsewhere, of the persons to Australian authorities; and

(i) the apprehension and detention in the Joint Petroleum Development Area, by Australian authorities, of persons accused of offences against criminal laws in force in East Timor; and

(ii) the transport and surrender, in the Joint Petroleum Development Area or elsewhere, of the persons to authorities of East Timor; 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 authority of Australia or East Timor.

(4) A provision made under paragraph (2)(c) excludes the application of the Extradition Act 1988 from offences to which the provision applies.

Part 4—Miscellaneous

7 Publication of intergovernmental agreement

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

8 No effect on Crimes (Aviation) Act 1991

This Act and the cooperative scheme do not apply to an act to which section 15 of the Crimes (Aviation) Act 1991 applies.

9 Regulations

(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.

Schedule 1—The cooperative scheme

Note: See section 5

Part 1—Preliminary

1 Definitions

(1) In this scheme:

adjacent area for a State has the meaning given by clause 14 of this Schedule.

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

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.

Joint Petroleum Development Area has the same meaning as in the Petroleum (Timor Sea Treaty) Act 2003.

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

(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

(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).

Part 2—Application of State criminal law to adjacent area

2 Application of State criminal law in adjacent area

(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 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.

3 Application of laws of criminal investigation, procedure and evidence

(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 or trial.

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 (b) of subclause (2).

4 Evidentiary presumption about the locus of an offence

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.

Part 3—The intergovernmental agreement

5 Intergovernmental agreement

(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.

6 Effect of the agreement

(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.

Part 4—Limitations and exclusions

7 Commonwealth Attorney‑General’s consent required for certain prosecutions

(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 a 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

(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

(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 the proceedings.

(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.

8 Non‑exclusion of consistent extraterritorial legislative schemes

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.

9 Exclusion of certain laws from ambit of this scheme

This scheme does not apply to State and Commonwealth laws excluded by regulation from the ambit of the scheme.

10 Non‑application of scheme to the Joint Petroleum Development Area

This scheme does not apply to the Joint Petroleum Development Area.

Part 5—Miscellaneous

11 Interpretation

The Acts Interpretation Act 1901 (Commonwealth) applies to this scheme in the same way as to a Commonwealth Act.

12 Regulations

(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.

Part 6—Adjacent areas

13 Definitions

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).

14 Adjacent areas

(1) The adjacent area for New South Wales, Victoria, South Australia or Tasmania is so much of the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to that State as is within the outer limits of the continental shelf and includes the space above and below that area.

(2) The adjacent area for Queensland is:

(a) so much of the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) 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 8(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth)) 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 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Western Australia as:

(a) is within the outer limits of the continental shelf; and

(b) is not within the Joint Petroleum Development Area;

and 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 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to the Northern Territory as:

(i) is within the outer limits of the continental shelf; and

(ii) is not within the Joint Petroleum Development Area; and

(b) the offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of subsection 7(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth)) other than the territorial sea within that area; and

(5) However, the adjacent area for a State does not include any area inside the limits of any State or Territory.

15 Baselines

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.

16 Indicative map

(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.

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

ad = added or inserted	pres = present
am = amended	prev = previous
c = clause(s)	(prev) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expired or ceased to have effect	rep = repealed
hdg = heading(s)	rs = repealed and substituted
LI = Legislative Instrument	s = section(s)
LIA = Legislative Instruments Act 2003	Sch = Schedule(s)
mod = modified/modification	Sdiv = Subdivision(s)
No = Number(s)	SLI = Select Legislative Instrument
o = order(s)	SR = Statutory Rules
Ord = Ordinance	Sub-Ch = Sub-Chapter(s)
orig = original	SubPt = Subpart(s)
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s)

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Crimes at Sea Act 2000	13, 2000	31 Mar 2000	ss. 1 and 2: Royal Assent Remainder: 31 Mar 2001
Timor Gap Treaty (Transitional Arrangements) Act 2000	25, 2000	3 Apr 2000	Schedule 2 (items 18–25): (a)	—
Petroleum (Timor Sea Treaty) (Consequential Amendments) Act 2003	10, 2003	2 Apr 2003	Schedule 1 (items 1–52, 54–75, 78–82): 20 May 2002 Remainder: Royal Assent	—
Crimes Legislation Enhancement Act 2003	41, 2003	3 June 2003	Schedule 2 (items 2–4): Royal Assent	Sch. 2 (item 4)
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006	17, 2006	29 Mar 2006	Schedule 2 (items 14–17): 1 July 2008 (see s. 2(1) and F2008L02273)	—
Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008	117, 2008	21 Nov 2008	Schedule 3 (item 6): 22 Nov 2008	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (items 457, 458) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11)
Statute Law Revision Act (No. 1) 2014	31, 2014	27 May 2014	Sch 1 (item 16) and Sch 9 (item 1): 24 June 2014	—

(a) The Crimes at Sea Act 2000 was amended by Schedule 2 (items 18–25) only of the Timor Gap Treaty (Transitional Arrangements) Act 2000, subsection 2(3) of which provides as follows:

(3) Items 18 to 25 of Schedule 2 commence immediately before the commencement of Schedule 1 to the Crimes at Sea Act 2000.

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s. 4.....................	am. No. 25, 2000; No. 10, 2003
Part 3A
Part 3A..................	ad. No. 25, 2000
Heading to s. 6A............	am. No. 10, 2003
s. 6A....................	ad. No. 25, 2000
	am. Nos. 10 and 41, 2003
s. 6B....................	ad. No. 25, 2000
	am. No. 10, 2003
Heading to s. 6C............	am. No. 10, 2003
s. 6C....................	ad. No. 25, 2000
	am. No. 10, 2003
Schedule 1
Part 1
c. 1.....................	am. No. 25, 2000; No. 10, 2003
Part 4
Heading to c. 10............	am. No. 10, 2003
c. 10....................	am. No. 10, 2003
Part 6
c. 13....................	am. No. 46, 2011
c. 14....................	am. No. 10, 2003; No. 17, 2006; No. 117, 2008; No 31, 2014
Appendix 1
Appendix 1...............	am. No. 10, 2003
Schedule 2
Schedule 2................	am. No. 25, 2000; No 31, 2014

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]