CRIMES AT SEA ACT 1979
- Reprinted as at 30 September 1992 (HISTACT CHAP 1236 #DATE 30:09:1992)
*1* The Crimes at Sea Act 1979 as shown in this reprint comprises Act No. 17,
1979 amended as indicated in the Tables below.
Table of Acts
Act Number Date of Date of Application,
and year Assent commencement saving or
transitional
provisions
Crimes at Sea Act 1979
17, 1979 22 Mar 1979 1 Nov 1979 (see
Gazette 1979,
No. S219)
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982
80, 1982 22 Sept 1982 Part XXIII (ss. 66, -
67): 16 Dec
1985 (a)
Law and Justice Legislation Amendment Act 1988
120, 1988 14 Dec 1988 Part VI (ss. 23, 24): -
1 Mar 1989 (see s. 2 (2)
and Gazette 1989,
No. S54) (b)
Crimes Legislation Amendment Act (No. 2) 1989
4, 1990 17 Jan 1990 S. 34: 17 July -
1990 (c)
Petroleum (Australia-Indonesia Zone of Cooperation) (Consequential
Provisions) Act 1990
37, 1990 7 June 1990 18 Feb 1991 -
(see s. 2 and
Gazette 1991,
No. S47)
Fisheries Legislation (Consequential Provisions) Act 1991
163, 1991 10 Nov 1991 Ss. 1 and 2: -
10 Nov 1991
Remainder: 3 Feb 1992
(see Gazette 1992,
No. GN1)
(a) The Crimes at Sea Act 1979 was amended by Part XXIII (sections
66 and 67) only of the Statute Law (Miscellaneous Amendments) Act (No.
2) 1982, subsection 2 (6) of which provides as follows:
"(6) Part XVII, Division 2 of Part XVIII and Parts XXII, XXIII and
LXIV shall come into operation, or shall be deemed to have come into
operation, as the case requires, immediately after the commencement of
section 8 of the Crimes Amendment Act 1982."
(b) The Crimes at Sea Act 1979 was amended by Part VI (sections 23
and 24) only of the Law and Legislation Amendment Act 1988, subsection
2 (2) of which provides as follows:
"(2) Parts V, VI and XVII commence, or shall be taken to have
commenced as the case requires, at the commencement of section 22 of
the Crimes Legislation Amendment Act 1987."
(c) The Crimes at Sea Act 1979 was amended by section 34 only of
the Crimes Legislation Amendment Act (No. 2) 1989, subsections 2
(13) and (14) of which provide as follows:
"(13) Subject to subsection (14), the remaining provisions of this
Act commence on a day or days to be fixed by Proclamation.
"(14) If a provision referred to in subsection (13) does not
commence under that subsection within the period of 6 months beginning
on the day it receives the Royal Assent, it commences on the first day
after the end of that period."
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
S. 3 am. No. 37, 1990; No. 163, 1991
S. 5 am. No. 80, 1982; No. 120, 1988; No. 4, 1990
S. 7 am. No. 163, 1991
S. 9A ad. No. 37, 1990
Ss. 17A, 17B ad. No. 37, 1990
CRIMES AT SEA ACT 1979 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Arrangements with States
5. Certain Commonwealth laws excluded
6. Criminal laws applicable in relation to Australian ships
engaged on certain voyages
7. Criminal laws applicable in relation to certain foreign ships
8. Criminal laws applicable to Australian citizens on foreign
ships
9. Criminal laws applicable in offshore areas in relation to
exploration or exploitation of the continental shelf
9A. Criminal laws applicable in Area A of the Australia-Indonesia
Zone of Cooperation
10. Criminal laws applicable in offshore areas in relation to
other matters within Australian jurisdiction
11. Criminal laws applicable in offshore areas in relation to
Australian citizens or residents
12. Certain criminal laws not to apply
13. Procedure in proceedings under applied State or Territory law
14. Objection not allowable where two offences charged
15. Concurrent operation of laws
16. Presumption of jurisdiction
17. Stay of proceedings
17A. Transit of persons accused of offences against Indonesian laws
17B. Agreements relating to enforcement of criminal laws in Area A
18. Regulations
CRIMES AT SEA ACT 1979 - LONG TITLE
SECT
Relating to offences committed at sea or in foreign ports or
harbours, and matters connected therewith.
CRIMES AT SEA ACT 1979 - SECT 1
Short title
SECT
1. This Act may be cited as the Crimes at Sea Act 1979.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CRIMES AT SEA ACT 1979 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
CRIMES AT SEA ACT 1979 - SECT 3
Interpretation
SECT
3. (1) In this Act, unless the contrary intention appears:
"act" includes:
(a) a failure to do an act; and
(b) any circumstance or state of affairs;
"Area A of the Zone of Cooperation" has the same meaning as in the Petroleum
(Australia-Indonesia Zone of Cooperation) Act 1990;
"Australian fishing zone" has the same meaning as in the Fisheries
Management Act 1991;
"Australian ship" means:
(a) a ship registered in Australia or an external Territory under an Act or
Imperial Act relating to the registration of ships that is applicable
throughout the whole of Australia and the external Territories, not being an
Act or Imperial Act relating to the registration of ships for a particular
purpose or purposes only; or
(b) any other ship (not being a ship registered in a foreign country) the
operations of which are based in a place or places in Australia or an external
Territory or which is wholly owned by a person who, or persons each of whom,
is a natural person resident in, or a company incorporated in, Australia or an
external Territory;
"authority" means:
(a) in relation to a State:
(i) the Governor, a Minister or a member of the Executive Council
of the State;
(ii) a person who holds office as a member of a court of the State;
and
(iii) a body created by or under the law of the State;
(iv) an officer or employee of the State or of a body referred to
in subparagraph (iii); and
(b) in relation to the Northern Territory:
(i) the Administrator or a Minister of the Territory;
(ii) a person who holds office as a member of a court of the
Territory;
(iii) a body created by or under the law of the Territory; and
(iv) an officer or employee of the Territory or of a body referred
to in subparagraph (iii);
"committal", in relation to an offence, means the committal of a person for
trial, or to be sentenced or otherwise dealt with, for the offence;
"criminal laws" means any laws, whether written or unwritten and whether
substantive or procedural, and as in force from time to time, that make
provision for or in relation to offences (whether punishable on conviction on
indictment or on summary conviction) or for or in relation to the
investigation of offences or punishment of offenders, and includes any laws
providing for the interpretation of those laws;
"fishing" has the same meaning as in the Fisheries Management Act 1991;
"foreign country" means a country other than:
(a) Australia; or
(b) an external Territory;
"foreign ship" means a ship other than an Australian ship;
"Indonesia" means the Republic of Indonesia;
"proceedings" includes proceedings with a view to the committal of a person
for an offence;
"ship" means a vessel or boat of any description and includes:
(a) any floating structure; and
(b) any hovercraft or other similar craft.
(2) In this Act:
(a) a reference to the commission of an act shall:
(i) in the case of a failure to do an act-be construed as a
reference to the failure; and
(ii) in the case of an act being a circumstance or
state of affairs-be construed as a reference to the occurrence or coming into
existence of the circumstance or state of affairs;
(b) a reference to a person who committed an act shall:
(i) in the case of a failure to do an act-be construed as a
reference to a person who failed to do the act; and
(ii) in the case of an act being a circumstance or
state of affairs-be construed as a reference to a person who was party to or
concerned in, or otherwise has the responsibility for, the occurrence or
existence of the circumstance or state of affairs;
(c) a reference to an act committed from a ship includes a reference to an
act committed in, on or below, or in the airspace above, the sea by a person
from a ship; and
(d) a reference to the criminal laws in force in a State or Territory does
not include a reference to any laws of the Commonwealth in force in that State
or Territory.
(3) For the purposes of this Act:
(a) subject to paragraph (b), the place at which a ship's voyage commences
constitutes a place of call of the ship;
(b) a reference to a place of call does not include a place that is not in a
State or Territory and is not in a foreign country or the territorial sea of a
foreign country; and
(c) a place in the territorial sea adjacent to a State or Territory shall be
deemed to be a place in that State or Territory, as the case may be.
(4) For the purposes of this Act, a person ceases to be a survivor of a
wreck or sinking of a ship when he is rescued.
CRIMES AT SEA ACT 1979 - SECT 4
Arrangements with States
SECT
4. (1) The Governor-General may make an arrangement with the Governor of a
State or with the Administrator of the Northern Territory for or in relation
to the exercise or performance in or in relation to that State or that
Territory, as the case may be, of a power, duty or function (not being a
power, duty or function involving the exercise of judicial power) by an
authority of the State or Territory under the provisions of the criminal laws
in force in any State or Territory as applying by virtue of this Act and,
where such an arrangement is in force, the power, duty or function may or
shall, as the case may be, be exercised or performed in or in relation to the
first-mentioned State or Territory accordingly.
(2) An arrangement under this section may contain such incidental or
supplementary provisions as:
(a) in the case of an arrangement made by the Governor-General with the
Governor of a State-the Governor-General and the Governor of the State think
necessary; or
(b) in the case of an arrangement made by the Governor-General with the
Administrator of the Northern Territory-the Governor-General and the
Administrator of the Territory think necessary.
(3) Where an arrangement is in force under this section, the
Governor-General may:
(a) in the case of an arrangement made by the Governor-General with the
Governor of a State-arrange with the Governor of the State; or
(b) in the case of an arrangement made by the Governor-General with the
Administrator of the Northern Territory-arrange with the Administrator of the
Territory;
for the variation or revocation of the arrangement.
(4) A copy of each instrument by which an arrangement under this section has
been made, varied or revoked shall be published in the Gazette.
CRIMES AT SEA ACT 1979 - SECT 5
Certain Commonwealth laws excluded
SECT
5. (1) Subject to subsection (2), the Acts Interpretation Act 1901 does not
apply in relation to the provisions of the criminal laws in force in a State
or Territory as applying by virtue of this Act.
(2) Nothing in subsection (1) affects the application, by virtue of this
Act, of any provisions of the criminal laws in force in a Territory by reason
that those provisions adopt, incorporate or otherwise apply, with or without
modification, any of the provisions of the Acts Interpretation Act 1901.
(3) Sections 4A, 4B, 4D to 4K (inclusive), 5, 6, 7, 7A and 86 of the Crimes
Act 1914 do not apply in relation to matters arising in or in relation to a
State under the provisions of the criminal laws in force in a State or
Territory as applying by virtue of this Act.
(4) Where there is in force an arrangement with the Governor of a State or
with the Administrator of a Territory under section 4, then:
(a) Sections 8A, 9, 10, 13, 14, 15, 15A, 15B, 15C, 15D and 16BA, all the
provisions of Divisions 1 to 9 (inclusive) of Part 1B, and sections 20C, 21B
and 21E of the Crimes Act 1914; and
(b) sections 69, 70, 71, 71A and 72 to 76 (inclusive) of the Judiciary Act
1903;
do not apply to or in relation to matters arising in or in relation to that
State or Territory under the provisions of the criminal laws in force in a
State or Territory as applying by virtue of this Act.
(5) Nothing in this Act affects the operation of section 68 of the Judiciary
Act 1903.
CRIMES AT SEA ACT 1979 - SECT 6
Criminal laws applicable in relation to Australian ships engaged on
certain voyages
SECT
6. (1) The provisions of the criminal laws in force in a State or Territory
apply to and in relation to:
(a) any act that is committed on or from an Australian ship if, at the time
when the act was committed, the ship was connected with that State or
Territory and was in the course of a prescribed voyage;
(b) any act that is committed by a survivor of the wreck or sinking of an
Australian ship if, immediately before the ship was wrecked or sunk, it was
connected with that State or Territory and was in the course of a prescribed
voyage; and
(c) any act that is committed on or from an Australian ship in a place in a
foreign country if, at the time when the act was committed, the ship was
connected with that State or Territory;
and so apply as if the act were committed in that State or Territory.
(2) For the purposes of this section, an Australian ship shall be taken to
be connected with a particular State or Territory at a particular time if:
(a) the ship is registered at that time at a place in that State or
Territory under an Act or Imperial Act relating to the registration of ships
that is applicable throughout the whole of Australia and the external
Territories, not being an Act or Imperial Act relating to the registration of
ships for a particular purpose or purposes only;
(b) in the case of a ship that at that time is not connected by virtue of
paragraph (a) with any State or Territory-at that time the ship is registered
or licensed for a particular purpose or purposes in that State or Territory
under a law of the Commonwealth or of a State or Territory;
(c) in the case of a ship that at that time is not connected by virtue of
paragraph (a) or (b) with any State or Territory-at that time a place in that
State or Territory serves as a base of operations for the ship; or
(d) in the case of a ship that at that time is not connected by virtue of
paragraph (a), (b) or (c) with any State or Territory-the ship may, having
regard to all relevant considerations, reasonably be regarded as having at
that time a connection with that State or Territory.
(3) For the purposes of this section, an Australian ship shall be taken to
be on a prescribed voyage if:
(a) the last preceding place of call of the ship was a place in a State and,
at the time of the ship's departure from that place, it was intended that the
next place of call of the ship would be a place outside that State;
(b) the last preceding place of call of the ship was a place in the Northern
Territory and, at the time of the ship's departure from that place, it was
intended that the next place of call of the ship would be a place outside the
Northern Territory; or
(c) the last preceding place of call of the ship was a place in a Territory
other than the Northern Territory or was a place in a foreign country.
CRIMES AT SEA ACT 1979 - SECT 7
Criminal laws applicable in relation to certain foreign ships
SECT
7. (1) This section applies in relation to:
(a) any act that is committed on or from a foreign ship:
(i) at a time when the ship is beyond the outer limits of the
territorial sea of Australia (but is not within the outer limits of the
territorial sea adjacent to an external Territory or the outer limits of the
territorial sea of a foreign country) in the course of a voyage to a place in
Australia or an external Territory; or
(ii) in the case of a ship that is engaged in fishing or in
respect of which a licence is in force under the Fisheries Act 1952 or a
foreign fishing licence or a port permit is in force under the Fisheries
Management Act 1991-at a time when the ship is in the Australian fishing zone
beyond the outer limits of the territorial sea of Australia but is not within
the outer limits of the territorial sea adjacent to an external Territory;
(b) any act that is committed beyond the outer limits of the territorial sea
of Australia (but not within the outer limits of the territorial sea adjacent
to an external Territory or within the outer limits of the territorial sea of
a foreign country) by a survivor of the wreck or sinking of a foreign ship if,
immediately before the ship was wrecked or sunk, the ship was in the course of
a voyage referred to in subparagraph (a) (i); and
(c) any act that is committed in the Australian fishing zone beyond the
outer limits of the territorial sea of Australia (but not within the outer
limits of the territorial sea adjacent to an external Territory) by a survivor
of the wreck or sinking of a foreign ship if, immediately before the ship was
wrecked or sunk, the ship was engaged in fishing or a licence was in force in
respect of the ship under the Fisheries Act 1952 or a foreign fishing licence
or a port permit was in force in respect of the ship under the Fisheries
Management Act 1991.
(2) For the purposes of this section, a ship shall be taken to be in the
course of a voyage to a place in Australia or an external Territory if at the
time of the ship's departure from the last preceding place of call of the ship
it was intended that the next place of call of the ship would be a place in
Australia or an external Territory.
(3) If the person who committed an act in relation to which this section
applies enters, or is brought into, a State or Territory, the provisions of
the criminal laws in force in that State or Territory apply, and shall be
deemed to have always applied, to and in relation to that act and so apply,
and shall be deemed to have always so applied, as if that act had been
committed in that State or Territory.
(4) In a prosecution of a person who is not an Australian citizen for an
offence against a provision of the criminal laws in force in a State or
Territory as applying by virtue of subsection (3), it is a defence if that
person establishes that the act constituting the offence would not have
constituted an offence against the law of the country of which he is a
national if the act had taken place in that country.
(5) Proceedings for an offence against a provision of the criminal laws in
force in a State or Territory as applying by virtue of subsection (3) in
relation to an act committed on or from a foreign ship (other than proceedings
for an offence against a law relating to fisheries) shall not be heard or
determined, and, in the case of an indictable offence, proceedings with a view
to the committal of a person for the offence shall not take place, except with
the consent in writing of the Attorney-General.
(6) Where a country other than Australia has jurisdiction under
international law in relation to a foreign ship, the Attorney-General shall
not give his consent under subsection (5) in relation to an act committed on
or from that ship unless he is satisfied that the government of that country
has consented to the institution of the proceedings.
(7) Subsection (6) does not apply in relation to an act that the
Attorney-General is satisfied is of a piratical character.
(8) Notwithstanding that a consent has not been given in relation to an
offence in accordance with subsection (5):
(a) a person may be arrested for the offence, and a warrant for an arrest of
a person for the offence may be issued and executed;
(b) a person may be charged with the offence; and
(c) a person so charged may be remanded in custody or on bail.
(9) Where the Attorney-General has given his consent under subsection (5) to
proceedings with a view to the committal of a person for an indictable
offence, that consent shall be taken as sufficient consent to:
(a) the committal of any person in relation to that offence or in relation
to any other offence for which the person may be committed as a result of
those proceedings; and
(b) the hearing and determination of the proceedings for any offence for
which a person is so committed.
(10) In proceedings requiring the consent of the Attorney-General under
subsection (5), a document purporting to be that consent is evidence, and in
the absence of evidence to the contrary is conclusive evidence, of the matters
stated in the document, and it shall be presumed, unless the contrary is
established, that the consent has been duly given.
CRIMES AT SEA ACT 1979 - SECT 8
Criminal laws applicable to Australian citizens on foreign ships
SECT
8. The provisions of the criminal laws in force in a State or Territory
apply to and in relation to:
(a) any act that is committed on or from a foreign ship at a time when the
ship is beyond the outer limits of the territorial sea of Australia and is not
within the outer limits of the territorial sea adjacent to an external
Territory if:
(i) at that time the person who committed the act was an
Australian citizen and was not a member of the crew of the ship; and
(ii) that person was domiciled at that time in that State or
Territory or his last place of residence in Australia or the external
Territories before that time was in that State or Territory; and
(b) any act that is committed beyond the outer limits of the territorial sea
of Australia and not within the outer limits of the territorial sea adjacent
to an external Territory by a survivor of the wreck or sinking of a foreign
ship if:
(i) the survivor was an Australian citizen at the time when the
act was committed; and
(ii) the survivor was domiciled in that State or
Territory at the time when the act was committed or his last place of
residence in Australia or the external Territories before that time was in
that State or Territory;
and so apply as if the act had been committed in that State or Territory.
CRIMES AT SEA ACT 1979 - SECT 9
Criminal laws applicable in offshore areas in relation to exploration
or exploitation of the continental shelf
SECT
9. (1) Subject to this section, the provisions of the criminal laws in force
in a State or Territory apply in the part of the adjacent area in relation to
that State or Territory that is beyond the outer limits of the territorial sea
of Australia and is not within the outer limits of the territorial sea
adjacent to an external Territory and so apply as if that part of that area
were part of that State or Territory.
(2) Subject to subsection (3), the provisions referred to in subsection (1)
apply by virtue of subsection (1) to and in relation to all acts, matters and
things touching, concerning, arising out of or connected with the exploration
of, or the exploitation of the resources of, the continental shelf of
Australia or of an external Territory and not otherwise.
(3) Without limiting the generality of subsection (2), the provisions
referred to in subsection (1) apply by virtue of subsection (1) to and in
relation to all acts committed by or in relation to, and all matters,
circumstances and things affecting, any person who is in the adjacent area for
a reason touching, concerning, arising out of or connected with the
exploration of, or the exploitation of the resources of, the continental shelf
of Australia or of an external Territory.
(4) For the purposes of this section, "the adjacent area", in relation to a
State or Territory, has the same meaning as in the Petroleum (Submerged Lands)
Act 1967.
CRIMES AT SEA ACT 1979 - SECT 9A
Criminal laws applicable in Area A of the Australia-Indonesia Zone of
Cooperation
SECT
9A. (1) Subject to this section, the criminal laws in force in the Northern
Territory apply to any act done in Area A of the Zone of Cooperation that
touches, concerns, 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) This section does not apply to:
(a) an act done on or from a ship or aircraft; or
(b) an act done by a national of Indonesia who is not also a national of
Australia; or
(c) an act done by a permanent resident of Indonesia who is not a national
of Australia.
(3) Proceedings for an offence against a law applied by subsection (1) may
not be instituted against a person if:
(a) in proceedings for an offence against a law of Indonesia arising out of
the same act or omission, the person has been acquitted or discharged without
the imposition of a penalty; or
(b) the person has incurred a penalty under a law of Indonesia for such an
offence; or
(c) a competent authority of Indonesia has decided not to prosecute the
person for such an offence.
(4) Proceedings for an offence against a law applied by subsection (1) may
not be heard or determined without the written consent of the
Attorney-General.
(5) Subsections 7 (8), (9) and (10) apply in relation to a consent given by
the Attorney-General under subsection (4) of this section as if it were a
consent given under subsection 7 (5).
(6) In this section:
"petroleum" has the same meaning as in the Treaty set out in the Schedule to
the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.
CRIMES AT SEA ACT 1979 - SECT 10
Criminal laws applicable in offshore areas in relation to other
matters within Australian jurisdiction
SECT
10. (1) If at any time the regulations declare that, with respect to a
particular matter (not being the exploration of, or the exploitation of the
resources of, the continental shelf of Australia or of an external Territory)
Australia has jurisdiction under international law in relation to an area of
waters beyond the outer limits of the territorial sea of Australia and not
within the outer limits of the territorial sea adjacent to an external
Territory, or in relation to such an area of waters and the airspace above, or
the seabed and subsoil below, that area of waters or both that airspace and
that seabed and subsoil, then, subject to this section, the provisions of the
criminal laws in force in the State or Territory to which that area is
adjacent apply in that area, or in that area and that airspace or that seabed
and subsoil or both that airspace and that seabed and subsoil, as the case may
be, and so apply as if that area were part of that State or Territory.
(2) Subject to subsection (3), the provisions referred to in subsection (1)
apply by virtue of subsection (1) to and in relation to all acts, matters and
things touching, concerning, arising out of or connected with the matter
declared by the regulations, and not otherwise.
(3) Without limiting the generality of subsection (2), the provisions
referred to in subsection (1) apply by virtue of subsection (1) to and in
relation to all acts that are committed by or in relation to, and all matters,
circumstances and things that affect, any person who is in, on or below, or in
the airspace above, the relevant area of waters for a reason touching,
concerning, arising out of or connected with the matter declared by the
regulations.
(4) The regulations may make provision for and in relation to ascertaining
the State or Territory to which an area of waters is to be taken to be
adjacent for the purposes of subsection (1).
(5) For the purposes of this section, an area of waters may be taken to be
adjacent to a State or Territory if that area of waters is adjacent to the
territorial sea adjacent to that State or Territory.
CRIMES AT SEA ACT 1979 - SECT 11
Criminal laws applicable in offshore areas in relation to Australian
citizens or residents
SECT
11. (1) Subject to subsection (2), the provisions of the criminal laws in
force in a State or Territory apply in any prescribed area of waters beyond
the outer limits of the territorial sea of Australia and not within the outer
limits of the territorial sea adjacent to an external Territory, being an area
of waters that is adjacent to that State or Territory but not being an area of
waters within the territorial sea of another country, and in the airspace
above and the seabed and subsoil below any such area of waters, and so apply
as if that area were part of that State or Territory.
(2) The provisions referred to in subsection (1) apply by virtue of that
subsection to and in relation to all acts that are committed by Australian
citizens or Australian residents (other than acts to or in relation to which
the provisions of the criminal laws in force in a State or Territory apply by
virtue of section 9 or 10), and not otherwise.
(3) The regulations may make provision for or in relation to ascertaining
the State or Territory to which an area of waters is to be taken to be
adjacent for the purposes of subsection (1).
(4) For the purposes of this section, an area of waters may be taken to be
adjacent to a State or Territory if that area of waters is adjacent to the
territorial sea adjacent to that State or Territory.
CRIMES AT SEA ACT 1979 - SECT 12.
Certain criminal laws not to apply
SECT
12. (1) Nothing in this Act renders a provision of the criminal laws in
force in a State or Territory applicable to or in relation to an act committed
in a particular place:
(a) in so far as the provision is incapable of applying in that place;
(b) if those laws expressly provide that the provision does not extend to or
apply in that place; or
(c) if those laws expressly provide that the provision applies only in a
specified locality in that State or Territory that does not include that
place.
(2) A provision of the criminal laws in force in a State or Territory shall
not be taken to be a provision to which subsection (1) applies by reason only
that it is limited in its application to acts committed within the territorial
jurisdiction of the State or Territory or within the territorial or adjacent
waters (however described) of the State or Territory.
CRIMES AT SEA ACT 1979 - SECT 13
Procedure in proceedings under applied State or Territory law
SECT
13. (1) Subject to this Act, proceedings (whether original or appellate)
under any part of the provisions of the criminal laws in force in a State or
Territory as applying by virtue of this Act shall be instituted and conducted
in a State or Territory in the same manner as though they were proceedings
under the law of that last-mentioned State or Territory and all other
proceedings in relation to any such proceedings (including declining to
proceed further in a prosecution) shall also be taken as though the
first-mentioned proceedings were proceedings under that law.
(2) Subsection (1) does not prevent:
(a) the institution or conduct in a State, in accordance with a law of the
Commonwealth other than this Act, of proceedings under any part of the
provisions of the criminal laws in force in a State or Territory as applying
by virtue of this Act if there is not in force an arrangement with the
Governor of the first-mentioned State under section 4;
(b) the institution or conduct in the Northern Territory, in accordance with
a law of the Commonwealth other than this Act, of proceedings under any part
of the criminal laws in force in a State or Territory as applying by virtue of
this Act if there is not in force an arrangement with the Administrator of the
Northern Territory under section 4; or
(c) the institution or conduct in a Territory other than the Northern
Territory, in accordance with a law of the Commonwealth other than this Act,
of proceedings under any part of the provisions of the criminal laws in force
in a State or Territory as applying by virtue of this Act.
(3) The trial on indictment of an offence against any part of the provisions
of the criminal laws in force in a State or Territory as applying by virtue of
this Act shall be by jury.
CRIMES AT SEA ACT 1979 - SECT 14
Objection not allowable where two offences charged
SECT
14. Objection shall not be allowed in any proceedings in which an offence is
alleged against a part of the provisions of the criminal laws in force in a
State or Territory as applying by virtue of this Act by reason only that an
offence is also alleged against a law of a State or Territory.
CRIMES AT SEA ACT 1979 - SECT 15
Concurrent operation of laws
SECT
15. This Act is not intended to exclude the operation of any provision of a
law in force in a State or Territory in so far as that provision is capable of
operating concurrently with the provisions of the criminal laws in force in
the States and Territories as applying by virtue of this Act.
CRIMES AT SEA ACT 1979 - SECT 16
Presumption of jurisdiction
SECT
16. In any proceedings in which an act that is shown to have been committed
is alleged to have been committed in the course of such a voyage, or in such a
place, that a provision of the criminal laws in force in a State or Territory
applies, or is deemed to have applied, by virtue of this Act to the act, it
shall be presumed, unless the contrary is established, that the act was
committed in the course of such a voyage or in such a place.
CRIMES AT SEA ACT 1979 - SECT 17
Stay of proceedings
SECT
17. (1) Where proceedings are instituted against a person for an offence
against a provision of the criminal laws in force in a State or Territory as
applying by virtue of this Act, a Judge of a Court of a State or Territory who
is authorized by subsection (4) may, of his own motion or on application made
to him, order, on such conditions (if any) as he thinks fit, a stay of the
proceedings for such period as he thinks fit if he is satisfied that:
(a) other proceedings have been, or are proposed to be, instituted against
that person for an offence against that provision, against another provision
of a law of the Commonwealth, or against a provision of a law of a State or
Territory, in relation to the same act; and
(b) it is expedient that the proceedings should be stayed.
(2) In deciding whether it is expedient that proceedings against a person
should be stayed under this section, a Judge shall have regard to all relevant
matters including:
(a) whether the continuation of the proceedings would impose any special
hardship on the person, including any hardship that would arise by reason of
his absence for a substantial period during the hearing of the proceedings
from his place of residence, business or employment;
(b) the need for the person to receive a speedy trial; and
(c) whether the continuation of the proceedings would be inconvenient to
other persons who are to be called as witnesses at the hearing of the
proceedings.
(3) Where a Judge orders a stay of proceedings in pursuance of this section,
he may make such orders as he thinks fit:
(a) for the remand of the accused person, in custody or on bail; and
(b) for recognizances of witnesses, or the variation of such recognizances
already entered into;
to secure their attendance at any resumed hearing of the proceedings, and may
make such other orders as he considers to be incidental to the stay of the
proceedings.
(4) The power conferred by this section to make an order staying proceedings
instituted against a person may be exercised:
(a) where the proceedings sought to be stayed are proceedings upon
indictment before a Judge of a Court of a State or Territory-by that Judge;
and
(b) in any other case-by a Judge of the Supreme Court of the State or
Territory in which the proceedings were instituted.
CRIMES AT SEA ACT 1979 - SECT 17A
Transit of persons accused of offences against Indonesian laws
SECT
17A. (1) Where Indonesia wishes to transport in custody through Australia a
person (in this section called "the accused") who has been arrested for an
offence against a criminal law of Indonesia that applies in Area A of the Zone
of Cooperation, the following provisions apply:
(a) the accused may be transported in custody through Australia;
(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 a period not exceeding 24
hours;
(ii) any police officer may provide such assistance as is
reasonable and necessary to facilitate the transport of the accused in
custody;
(iii) any magistrate to whom application is made, according to the
regulations, on behalf of Indonesia is required to issue a warrant ordering a
person specified in the warrant to hold the accused in custody for such period
or periods as the magistrate considers necessary to facilitate the transport
of the accused in custody;
(iv) the Attorney-General may, on application on behalf of
Indonesia, 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;
(v) the Attorney-General may at any time direct a person having
custody of the accused under this paragraph to release the accused;
(vi) the total period of custody under subparagraphs (b) (i) and
(iii) must not exceed 96 hours.
(2) Any 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 who has been arrested under subsection (2) must be returned to
the custody from which he or she escaped.
(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.
(5) In this section:
"police officer" means a member or special member of the Australian Federal
Police or a member of the police force of a State or Territory.
CRIMES AT SEA ACT 1979 - SECT 17B
Agreements relating to enforcement of criminal laws in Area A
SECT
17B. (1) The regulations may make provision for giving effect to any
agreements or arrangements between Australia and Indonesia relating to the
enforcement of criminal laws applying to acts done in Area A of the Zone of
Cooperation.
(2) The provisions that may be made include, but are not limited to:
(a) provisions relating to the production of documents, the summoning of
witnesses and the taking of evidence by Indonesian authorities for use in
proceedings in Australia; and
(b) provisions relating to:
(i) the apprehension and detention in Area A, by Indonesian
authorities, of persons accused of offences against criminal laws of Australia
applied by subsection 9A (1); and
(ii) the transport and surrender, whether in Area A or elsewhere,
of such persons to Australian authorities; and
(c) provisions relating to:
(i) the apprehension and detention in Area A, by Australian
authorities, of persons accused of offences against criminal laws of
Indonesia; and
(ii) the transport and surrender, whether in Area A or elsewhere,
of such persons to Indonesian authorities; and
(d) provisions prescribing the practice and procedure of magistrates in the
performance of functions under regulations made for the purposes of this
section.
(3) Provisions referred to in paragraph (2) (b) or (c) may not authorise the
detention of a person beyond the time at which it first becomes practicable to
surrender the person to an appropriate Australian or Indonesian authority.
(4) Where regulations make provision of a kind referred to in paragraph (2)
(c), the Extradition Act 1988 does not apply in relation to an offence against
a law of a kind referred to in that paragraph.
CRIMES AT SEA ACT 1979 - SECT 18
Regulations
SECT
18. (1) The Governor-General may make regulations, not inconsistent with
this Act, prescribing all matters required or permitted by this Act to be
prescribed or necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) Without limiting the generality of subsection (1), the regulations may
provide that such provisions or classes of provisions of the criminal laws in
force in a State or Territory as are specified in the regulations:
(a) do not apply by virtue of this Act;
(b) do not apply by virtue of this Act to acts or classes of acts specified
in the regulations; or
(c) do not apply by virtue of this Act in circumstances specified in the
regulations.