2000ABILLFORAn Act to give effect to a cooperative
scheme for dealing with crimes atsea, and for
other purposes
4Crimes at SeaPreamble—Parliament’s reasons for enacting this
Act are—1.TheCommonwealthandtheStateshaveagreedtoacooperativescheme to apply
the criminal law of the States extraterritorially in the
areasadjacent to the coast of Australia.2.Under the scheme, the criminal law of
each State is to apply in the areaadjacent to the
State—(a)foradistanceof12nauticalmilesfromthebaselinefortheState—by force of the law of the
State; and(b)beyond 12 nautical miles up to a
distance of 200 nautical milesfrom the
baseline for the State or the outer limit of the continentalshelf (whichever is the greater distance)—by
force of the law ofthe Commonwealth.3.Responsibility for administering criminal
justice in the area covered bytheschemewillbedividedbetweentheCommonwealthandtheStatesunder the scheme
and an intergovernmental agreement.4.The
purpose of this Act is to give legal force to the scheme (so far as
itdependsonthelegislativepoweroftheState)andtoprovideforconsequential vesting of judicial and
other powers.
s15Crimes at
SeaThe Parliament of Queensland enacts—s51˙Short
titleClause1.This
Act may be cited as theCrimes at Sea Act 2000.˙CommencementClause2.This Act commences on a day to be
fixed by proclamation.Clause˙Definitions3.In
this Act—“cooperative scheme”means the
legislative and administrative scheme forapplying and
enforcing criminal law in the areas adjacent to the coast ofAustralia set out in the schedule.“intergovernmental agreement”means the agreement entered into
underclause 5 of the schedule.Clause˙Ratification of cooperative scheme4.To the extent that it lies within the
legislative competence of the State togive the
cooperative scheme the force of law, it has the force of
law.Clause˙Classification of offences5.Offences (other than offences arising
under the law of the State) areclassified for
the purposes of the cooperative scheme as follows—(a)if the maximum penalty for the offence
is a fine or imprisonmentfor not more than 2 years—the offence
is classified as a summaryoffence;(b)ifthemaximumpenaltyfortheoffenceis(orincludes)imprisonmentformorethan2yearsbutnotmorethan5
years—the offence is classified as a misdemeanour;23456789101112131415161718192021222324
s
66s 10Crimes at
Sea(c)ifthemaximumpenaltyfortheoffenceis(orincludes)imprisonmentformorethan5yearsorforanindeterminateterm—the offence
is classified as a crime.Clause˙Publication of intergovernmental
agreement6.TheMinistermusthavetheintergovernmentalagreement,andanyamendment to the intergovernmental
agreement, published in the Gazette.Clause˙No effect on Crimes (Aviation) Act 1991
(Cwlth)7.ThisActandthecooperativeschemedonotapplytoanactoromissiontowhichtheCrimes(Aviation)Act1991(Cwlth),section15,applies.Clause˙Regulation-making power8.(1)The Governor in
Council may make regulations under this Act.(2)However, this section does not authorise the
making of regulationsfor the purposes of the cooperative
scheme.Clause˙Omission of the Criminal Code, section 14A
(Offences committed onthe high seas)9.(1)This
section amends the Criminal Code.(2)The
Criminal Code, section 14A—omit.Clause˙Transitional provision10. (1)Although section 9 omits the Criminal Code,
section 14A, theCriminalCode,section14Acontinuestoapply,inrelationtoactsandomissions that took place before the
commencement of section 9, as if theCriminal Code,
section 14A, had not been omitted.(2)For
the purposes of this section, if an act or omission is alleged
tohave taken place between 2 dates, one before
and one on or after the day1234567891011121314151617181920212223242526
s
107s 10Crimes at
Seasection 9 commences, the act or omission is
alleged to have taken placebefore the
commencement of section 9.123
8Crimes at Sea¡SCHEDULE†THE
COOPERATIVE SCHEMEsection 4†PART
l—PRELIMINARY˙Definitions1.(1)In
this scheme—“adjacent area”for a State has
the meaning given by clause 14 of thisschedule.“Area
A of the Zone of Cooperation”has the same
meaning as in thePetroleum(TimorGapZoneofCo-operation)Act1990(Commonwealth).“Australian
ship”means—(a)a
ship registered in Australia; or(b)a
ship that operates, or is controlled, from a base in Australia
andis not registered under the law of another
country; or(c)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 byindictment or an equivalent process (whether
that is the only, or anoptional, way to lay a charge of the
offence).“inner adjacent area”for a State
means the parts of the adjacent area forthe State that
are—(a)on the landward side of the baseline
for the State; and(b)ontheseawardside,butwithin12nauticalmilesfrom,thebaseline for the State.1234567891011121314151617181920212223242526
9Crimes at SeaSCHEDULE
(continued)“intergovernmental agreement”means the agreement entered into
underclause 5 of this schedule.“lawofcriminalinvestigation,procedureandevidence”meanslaw(including unwritten law)
about—(a)the investigation of offences
(including coronial inquiry); or(b)immunityfromprosecutionandundertakingsabouttheuseofevidence; or(c)the
arrest and custody of offenders or suspected offenders; 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)proceduresfordealingwithachargeofanindictableoffence(including preliminary examination of the
charge); or(j)proceduresforsentencingoffendersandthepunishmentofoffenders; 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 thelaw of criminal
investigation, procedure and evidence; or(n)the
interpretation of laws of the kinds mentioned above.“maritime offence”meansanoffenceagainstalawthatappliesintheadjacent 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 theState that is outside the inner adjacent
area for the State.1234567891011121314151617181920212223242526272829
10Crimes at SeaSCHEDULE
(continued)“participatingStateMinister”meansaMinisterresponsibleforadministering 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(c)providingadefenceorforreductionofthedegreeofcriminalliability;
or(d)providingfortheconfiscationofpropertyusedin,orderivedfrom, the commission of an offence;
or(e)providingforthepaymentofcompensationforinjury,lossordamageresultingfromthecommissionofanoffence,ortherestitutionofpropertyobtainedthroughthecommissionofanoffence; or(f)dealing with other subjects declared by
regulation to be within theambit of the
substantive criminal law of a State; or(g)providing for the interpretation of laws of
the kinds mentionedabove.“summary
offence”means any offence other than an indictable
offence.(2)Thelawofcriminalinvestigation,procedureandevidenceoftheCommonwealth includes provisions of
State law on the relevant subjectsapplied under
theJudiciary Act 1903(Commonwealth).12345678910111213141516171819202122232425
11Crimes at SeaSCHEDULE
(continued)†PART 2—APPLICATION OF STATE CRIMINAL
LAWTO ADJACENT AREA˙Application of State criminal law in adjacent
area2.(1)The substantive
criminal law of a State, as in force from time totime,
applies, by force of the law of the State, throughout the inner
adjacentarea for the State.(2)The
provisions of the substantive criminal law of a State, as in
forcefromtimetotime,apply,byforceofthelawoftheCommonwealth,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 inan adjacent area
or is limited by its express terms to a place withinthe
area of a State; orExample—A law making it
an offence to drive a motor vehicle at a speed exceedinga
prescribed limit on a road could not apply in an adjacent area
becauseoftheinherentlocalisingelementsoftheoffence.Theschemedoesnotthereforepurporttoextendtheapplicationofsuchalawtotheadjacentarea.(b)give
a legal effect to a provision of a substantive criminal law
thatthe provision does not have within the area
of the State.Example—IftheeffectofaprovisionofthesubstantivecriminallawofaStateislimited 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
eventhoughtheprovisionappliesintheouteradjacentareaunderthelegislative authority of the
Commonwealth.˙Application of laws of criminal
investigation, procedure and evidence3.(1)In
this clause—1234567891011121314151617181920212223242526272829
12Crimes at SeaSCHEDULE
(continued)“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 theintergovernmental agreement, responsibility
(which may be eitherexclusive 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 Commonwealthhas assumed
responsibility; or(b)a judicial proceeding about an
investigation, procedure or act byanauthorityoftheCommonwealthinrelationtoamaritimeoffence.“judicial proceeding”means—(a)aproceedinginacourt(whetherbetweenpartiesornot)oraproceeding 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 offenceor a proceeding
incidental to or connected with the preliminaryexamination of a
charge of an indictable offence.“preliminary
examination”of a charge of an indictable offence means
aproceeding to decide whether the defendant
should be committed fortrialor,ifthedefendantpleadsguiltytothecharge,tocommitthedefendant for sentence or trial.“State
judicial proceeding”means—1234567891011121314151617181920212223242526272829
13Crimes at SeaSCHEDULE
(continued)(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 assumedresponsibility;
or(b)a judicial proceeding about an
investigation, procedure or act byan authority of
a State in relation to a maritime offence.(2)The
laws of criminal investigation, procedure and evidence of
theCommonwealth and the States apply to maritime
offences as follows—(a)thelawoftheCommonwealthappliestoinvestigations,proceduresandacts(otherthanjudicialproceedings)byauthorities of the Commonwealth; and(b)the law of a State applies to
investigations, procedures and acts(otherthanjudicialproceedings)byauthoritiesoftheStateoperating within
the area of administrative responsibility for therelevant State; and(c)inaCommonwealthjudicialproceedingthelawoftheCommonwealth applies and in a State judicial
proceeding, the lawoftheStateinwhichtheproceedingwascommencedapplies(subject to the Constitution) irrespective
of whether—(i)themaritimeoffencearisesunderthelawoftheStateinwhich the proceeding was commenced or
another State; or(ii)the substantive
criminal law against which the offence wascommitted
applies in the relevant part of the adjacent areaunderthelawoftheStateinwhichtheproceedingwascommenced, another State or the
Commonwealth.Example 1—SupposethatapersonischargedbyaStateauthoritywithamaritime offence
on the assumption that the offence was committedintheinneradjacentareafortheStatebutthecourtissatisfiedinthecourseoftheproceedingsthattheactsallegedagainstthedefendant took place in the outer adjacent
area for the State. In thiscase,thecourtcouldcontinuewiththeproceedingsundertheprocedurallawsoftheState.However,thecourtcouldnot(for123456789101112131415161718192021222324252627282930313233
14Crimes at SeaSCHEDULE
(continued)example) convict the defendant on the basis
of a majority verdict ofajury(becausetodosowouldbecontrarytotheCommonwealthConstitution—seeCheatle v. The
Queen1).Example 2—SupposethatapersonischargedbyaStateauthorityinaSouthAustraliancourtwithamaritimeoffenceallegedtohavebeencommittedintheadjacentareaforWesternAustralia.Forthepurposesoftheproceedings,theoffencewouldbeclassifiedasamajorindictable,minorindictableorsummaryoffenceaccordingtotheSouthAustralianrulesandnotbyreferencetoitsclassificationunder the law of
Western Australia or the Commonwealth.(3)This
clause operates to the exclusion of any Commonwealth or
Statelaw that is inconsistent with it.(4)ACommonwealthorStatelawenactedormadeafterthecommencement of this clause is to be
construed as having effect subject tothis clause,
unless the law expressly overrides this clause.(5)TheAdministrativeDecisions(JudicialReview)Act1977(Commonwealth)
does not apply to a decision taken under a State law thatappliestoinvestigations,proceduresandactsbyauthoritiesoftheStateunder paragraph
(b) of subclause (2).˙Evidentiary
presumption about the locus of an offence4.If,
in proceedings for a maritime offence, an alleged act, omission
orstate of affairs, that is an element of the
offence, is proved, an allegation intheinformationorcomplaintthattheact,omissionorstateofaffairshappened in the
adjacent area, inner adjacent area, or outer adjacent area for
aparticular State is taken to be proved in the
absence of proof to the contrary.12345678910111213141516171819202122232425261(1993) 177 CLR
541
15Crimes at SeaSCHEDULE
(continued)†PART 3—THE INTERGOVERNMENTALAGREEMENT˙Intergovernmental agreement5.(1)TheCommonwealthAttorney-General,onbehalfoftheCommonwealth,andtheparticipatingStateMinistersmayenterintoanagreement providing for the division of
responsibility for administering andenforcing the law
relating to maritime offences.(2)Theintergovernmentalagreementmayprovideforconcurrentresponsibility in
specified parts of the adjacent area.˙Effect
of the agreement6.(1)Achargeofamaritimeoffencemustnotbebroughtinacourtcontrary to the
intergovernmental agreement.(2)Ifachargeofamaritimeoffenceisbroughtinacourtincontraventionofsubclause(1),thecourtmust,onapplicationbytheCommonwealthAttorney-General,oraparticipatingStateMinister,permanently stay
the proceedings in that court.(3)However—(a)acontraventionofsubclause(1)doesnotaffectacourt’sjurisdiction;
and(b)if a charge of a maritime offence is
brought in a court, the courtwillnot(exceptonanapplicationundersubclause(2))beconcernedtoenquireintowhethertheintergovernmentalagreement has
been complied with.1234567891011121314151617181920212223
16Crimes at SeaSCHEDULE
(continued)†PART 4—LIMITATIONS AND
EXCLUSIONS˙Commonwealth Attorney-General’s consent
required for certainprosecutions7.(1)The
Commonwealth Attorney-General’s written consent is requiredbeforeachargeofamaritimeoffencecanproceedtohearingordetermination or, if the offence is an
indictable offence, to a preliminaryexamination in
committal proceedings, if—(a)theoffenceisallegedtohavebeencommittedonorfromaforeign ship; and(b)theshipisregisteredunderthelawofacountryotherthanAustralia;
and(c)thecountryofregistrationhas,underinternationallaw,jurisdiction over the alleged
offence.(2)Beforegrantingsuchaconsent,theCommonwealthAttorney-Generalmusttakeintoaccountanyviewsexpressedbythegovernment of the
country of registration.(3)Even though the
Commonwealth Attorney-General has not grantedsuch 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(c)proceedingsfortheextraditiontoAustraliaofthesuspectedoffender;
or(d)proceedings for remanding the
suspected offender in custody oron bail.(4)If the Commonwealth Attorney-General
declines to grant consent, thecourt in which
the suspected offender has been charged with the offencemust
permanently stay the proceedings.(5)In
any proceedings, an apparently genuine document purporting to
be1234567891011121314151617181920212223242526272829
17Crimes at SeaSCHEDULE
(continued)acopyofawrittenconsentgrantedbytheCommonwealthAttorney-General
in accordance with this clause will be accepted, in theabsence of proof to the contrary, as proof of
such consent.˙Non-exclusion of consistent
extraterritorial legislative schemes8.This
scheme does not exclude the extraterritorial operation of State
lawtotheextentthattheStatelawiscapableofoperatingextraterritoriallyconsistently with
the scheme.˙Exclusion of certain laws from ambit of
this scheme9.ThisschemedoesnotapplytoStateandCommonwealthlawsexcluded by regulation from the ambit of the
scheme.˙Non-application of scheme to Area A of
the Zone of Cooperation10.This scheme does
not apply to Area A of the Zone of Cooperation.123456789101112†PART
5—MISCELLANEOUS˙Interpretation11.TheActs Interpretation Act 1901(Commonwealth)appliestothisscheme in the
same way as to a Commonwealth Act.˙Regulations12.(1)TheGovernor-Generalmaymakeregulationsprescribingmatters—(a)required or permitted by this scheme
to be prescribed; or(b)necessaryorconvenienttobeprescribedforcarryingoutor131415161718192021
18Crimes at SeaSCHEDULE
(continued)giving effect to this scheme.(2)However,aregulationaffectingtheoperationofthisschemeinrelation to the inner adjacent area for
a State may only be made with theagreement of the
participating State Minister for the relevant State.†PART 6—ADJACENT AREAS˙Definitions13.In
this part—“baseline of Australia’s territorial
sea”means the baseline from whichthe
breadth of the territorial sea is to be measured under section 7 of
theSeas and Submerged Lands Act 1973(Commonwealth).“continental
shelf”has the same meaning as in theSeas
and SubmergedLands Act 1973(Commonwealth).“territorial
sea”hasthesamemeaningasintheSeasandSubmergedLands Act
1973(Commonwealth).˙Adjacent areas14.(1)The“adjacent
area”forNewSouthWales,Victoria,SouthAustralia or
Tasmania is so much of the area described in schedule 2 to
thePetroleum(SubmergedLands)Act1967(Commonwealth)inrelationtothat
State as is within the outer limits of the continental shelf and
includesthe space above and below that area.(2)The“adjacent
area”for Queensland is—(a)somuchoftheareadescribedinschedule2tothePetroleum(SubmergedLands)Act1967(Commonwealth)inrelationtoQueensland as is within the outer limits of
the continental shelf;and(b)theCoralSeaarea(withinthemeaningofsubsection(7)ofsection5AofthePetroleum(SubmergedLands)Act1967123456789101112131415161718192021222324252627
19Crimes at SeaSCHEDULE
(continued)(Commonwealth) other than the territorial
sea within the CoralSea area; and(c)the
areas within the outer limits of the territorial sea adjacent
tocertain islands of Queensland as determined
by proclamation on4February1983undersection7oftheSeasandSubmergedLands 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
areadescribedinschedule2tothePetroleum(SubmergedLands)Act1967(Commonwealth) in
relation to Western Australia as—(a)is
within the outer limits of the continental shelf; and(b)is not within Area A of the Zone of
Cooperation,and includes the space above and below that
area.(4)The“adjacent
area”for the Northern Territory is—(a)somuchoftheareadescribedinschedule2tothePetroleum(Submerged Lands) Act 1967(Commonwealth) in relation to theNorthern Territory as—(i)is
within the outer limits of the continental shelf; and(ii)is not within
Area A of the Zone of Cooperation; and(b)the
adjacent area for the Territory of Ashmore and Cartier
Islands(withinthemeaningofsubsection(3)ofsection5AofthePetroleum
(Submerged Lands) Act 1967(Commonwealth)) otherthan
the territorial sea within that area; and(c)the
space above and below the areas described in paragraphs (a)and
(b).(5)However, the“adjacent
area”for a State does not include any areainside the limits of any State or
Territory.12345678910111213141516171819202122232425262728
20Crimes at SeaSCHEDULE
(continued)˙Baselines15.The“baseline”for a State is
the part of the baseline of Australia’sterritorial sea
from which the part of the territorial sea that is within
theadjacent area for that State is
measured.˙Indicative map16.(1)A
map showing the various areas that are relevant to this
schemeappears in Appendix 1 to this scheme.(2)Themapisintendedtobeindicativeonly.Theprovisionsofthisscheme and of the
body of this Act prevail over the map if there is anyinconsistency.1234567891011
21Crimes at SeaSCHEDULE
(continued)¡APPENDIX 1†INDICATIVE MAP1234
