1 Definitions
Terms must be defined in accordance with the scheme
The scheme requires definitions of key terms
Definitions are classified under this scheme
Definitions are organized into a class hierarchy
Acts Interpretation Act 1901 applies to this scheme.
11 Interpretation
12 Regulations
12(1) Regulations
Regulations affecting inner adjacent areas require agreement from participating State Minister.
12(2) Regulations
Defines baseline of Australia's territorial sea
13 Definitions
14 Adjacent areas
Defines adjacent area for New South Wales, Victoria, South Australia or Tasmania
14(1) Adjacent areas
14(2) Adjacent areas
Describes temporal relationship with continental shelf
Definition of adjacent area for Western Australia
14(3) Adjacent areas
Defines baseline for a State's territorial sea
15 Baselines
16 Indicative map
Map showing relevant areas appears in Appendix 1.
16(1) Indicative map
Provisions of this scheme prevail over the map if there is any inconsistency.
16(2) Indicative map
Provisions of this scheme prevail over the map.
2 Application of State criminal law in adjacent area
Applicable State criminal law in adjacent area
2(1) Application of State criminal law in adjacent area
State criminal law applies to inner adjacent area
(1) The substantive criminal law of a State...
Application of State criminal law in adjacent area
2(2) Application of State criminal law in adjacent area
State criminal law applies to outer adjacent area
(2) The provisions of the substantive criminal law of a State...
Does not apply to a substantive criminal law that is incapable of applying in an adjacent area or is limited by its express terms.
2(3) Application of State criminal law in adjacent area
Application of laws of criminal investigation, procedure and evidence
3 Application of laws of criminal investigation, procedure and
area of administrative responsibility for a particular State is the area of the State
Evidentiary presumption about the locus of an offence
4 Evidentiary presumption about the locus of an offence
5 Intergovernmental agreement
Intergovernmental agreement for maritime offences administration and enforcement
5(1) Intergovernmental agreement
Concurrent responsibility in specified parts of the adjacent area.
5(2) Intergovernmental agreement
6 Effect of the agreement
No court can bring a charge of a maritime offence contrary to the intergovernmental agreement.
6(1) Effect of the agreement
Temporal relation between international agreements and court proceedings
(1) A charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement.
Implication of international agreements on court proceedings
Knowledge representation of international agreements and court proceedings
Prohibition of bringing charges in court
Propagation of international agreements through court proceedings
Court must permanently stay proceedings if charge of maritime offence is brought in contravention of subclause (1)
6(2) Effect of the agreement
...the court must, on application by the Commonwealth Attorney-General or a participating State Minister, permanently stay the proceedings in that court.
(2) If a charge of a maritime offence is brought in a court in contravention of subclause (1), the court...
Excerpt requires analysis of 'charge of a maritime offence'
Court must prohibit bringing charge in contravention of subclause (1)
Excerpt is part of a recurring provision
Court's jurisdiction not affected by contravention of subclause (1)
6(3) Effect of the agreement
7 Commonwealth Attorney-General’s consent required for certain
Commonwealth Attorney-general's consent required for certain maritime offences.
7(1) Commonwealth Attorney-General’s consent required for certain
...and (b) the ship is registered under the law of a country other than Australia;
The offence is alleged to have been committed between two temporal intervals.
(b) the ship is registered under the law of a country other than Australia...
...to a preliminary examination in committal proceedings...
Requires Commonwealth Attorney-General's written consent.
(1) The Commonwealth Attorney-general’s written consent is required...
...before a charge of a maritime offence can proceed to hearing or determination...
The Commonwealth Attorney-general's written consent is required for certain maritime offences.
Commonwealth Attorney-General must consider views of country of registration before granting consent.
7(2) Commonwealth Attorney-General’s consent required for certain
The grant of consent CONTAINS the consideration of views of country of registration before taking action.
Describes a temporal relationship between consideration and grant of consent.
(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.
Describes a relationship between consideration and grant of consent.
The Commonwealth Attorney-General MUST consider the views of the country of registration before granting consent.
Must consider views of country of registration.
Commonwealth Attorney-general's consent required for certain actions.
7(3) Commonwealth Attorney-General’s consent required for certain
The absence of consent is not to prevent or delay: (a), (b), (c), or (d) during these actions
During arrest, proceedings related to arrest, laying of charge, extradition, and remanding.
(3) Even though the Commonwealth Attorney-general has not granted such a consent...
The absence of consent is not to prevent or delay: (a), (b), (c), or (d)
Justifies arrest, proceedings related to arrest, laying of charge, extradition, and remanding.
The absence of consent is not to prevent or delay...
Requires Commonwealth Attorney-General's consent.
Allows arrest, proceedings related to arrest, laying of charge, extradition, and remanding.
Court must permanently stay proceedings if Commonwealth Attorney-General declines consent.
7(4) Commonwealth Attorney-General’s consent required for certain
the court in which the suspected offender has been charged with the offence must permanently stay the proceedings.
Defines a temporal interval for when Commonwealth Attorney-general's consent is required.
(4) If the Commonwealth Attorney-General declines to grant consent,
Describes how CogAI is applied to determine Commonwealth Attorney-general's consent.
Describes how information about Commonwealth Attorney-general's consent is disseminated.
Commonwealth Attorney-general's consent required for certain documents
7(5) Commonwealth Attorney-General’s consent required for certain
Requires Commonwealth Attorney-General's consent
State law can operate extraterritorially consistently with the scheme.
8 Non-exclusion of consistent extraterritorial legislative schemes
State law can operate extraterritorially.
Exclusion of certain laws from ambit of this scheme
9 Exclusion of certain laws from ambit of this scheme
This scheme does not apply to these laws.
State and Commonwealth laws excluded by regulation from the ambit of the scheme.
This scheme applies to State and Commonwealth laws not excluded by regulation from the ambit of the scheme.
Cites this Act as the Crimes at Sea Act 2000.
1 Short title
Amendments apply to acts and omissions after commencement.
11 Application of amendments
Class inclusion for amendment application.
2 Commencement
Schedule 1 (items 1–52, 54–75, 78–82): 20 May Remainder: Royal Assent — Crimes Legislation Enhancement Act 2003 41, 2003
2 Apr 2003
Commences on a specific day after Royal Assent.
2(1) Commencement
2(2) Commencement
Requires temporal relation between commencement and other provisions
Commencement day to be fixed by Proclamation
2(3) Commencement
21 Nov
22 Nov 2008
Conditional commencement of Schedule 3 items 10 and 11
27 June
27 May
29 Mar
Amendment and repeal of Acts specified in Schedule 2
3 Schedule(s)
Consequential amendments to the Petroleum (Timor Sea Treaty) Act 2003
3 Apr 2000
Repeals and consequential amendments to the Offshore Petroleum (Repeals and Consequential Amendments) Act 2006
3 June 2003
Requires temporal intervals for commencement
Conditional commencement of the Timor Gap Treaty (Transitional Arrangements) Act 2000
31 Mar
4 Definitions
substantive criminal law has the same meaning as in clause 1 of Schedule 1.
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.
(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 (c) a ship that belongs to an arm of the Defence Force.
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.
Definition of intergovernmental agreement
law of criminal investigation, procedure and evidence has the same meaning as in clause 1 of Schedule 1.
Definition of law of criminal investigation, procedure and evidence
The Commonwealth has the force of law to give the cooperative scheme.
5 Ratification of cooperative scheme
6 Application of Australian criminal law outside the adjacent area
Application of Australian criminal law outside the adjacent area
6(1) Application of Australian criminal law outside the adjacent area
(1) The substantive criminal law of the Jervis Bay Territory...
6(2) Application of Australian criminal law outside the adjacent area
6(3) Application of Australian criminal law outside the adjacent area
Temporal relation to criminal act at sea
outside the adjacent area to a criminal act:
(3) The substantive criminal law of the Jervis Bay Territory...
The substantive criminal law of the Jervis Bay Territory...
Tracing criminal act through ship's first country
if the first country at which the ship calls...
6A Criminal laws applicable in the Greater Sunrise special regime
Applicability of Northern Territory substantive criminal law to petroleum activities in the Greater Sunrise special regime area.
6A(1) Criminal laws applicable in the Greater Sunrise special regime
Application of a rule to a specific context.
Exemptions from relevant substantive criminal law for certain acts and individuals.
6A(2) Criminal laws applicable in the Greater Sunrise special regime
Prohibits the application of relevant substantive criminal law.
No proceedings for an offence against a substantive criminal law may be instituted against a person under certain conditions.
6A(3) Criminal laws applicable in the Greater Sunrise special regime
No proceedings for an offence against a substantive criminal law may be instituted.
Prosecution requires Attorney-General's written consent.
6A(4) Criminal laws applicable in the Greater Sunrise special regime
Conditional commencement of prosecution.
(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.
Classification of prosecution as conditional on consent.
Prohibition of prosecution without consent.
Enforcement of criminal law requires cooperation between Australia and Timor-Leste.
Cooperation between Australia and Timor-Leste in the enforcement of criminal law
Validation of cooperation between Australia and Timor-Leste.
Permits transportation of accused persons through Australia
6B Transit of persons accused of offences against the laws of
6C Agreements relating to enforcement of criminal laws in the
Australia and Timor-Leste may agree on enforcement of criminal laws.
6C(1) Agreements relating to enforcement of criminal laws in the
Regulations may provide for the production of documents, summoning of witnesses, and taking of evidence by authorities of Timor-Leste.
6C(2) Agreements relating to enforcement of criminal laws in the
Detention authorization limited to surrender to Australia or Timor-Leste.
6C(3) Agreements relating to enforcement of criminal laws in the
(3) A provision for detention of a person under this section may only authorize detention until the time it first becomes practicable to surrender the person to an appropriate authority of Australia or Timor-Leste.
Publication of intergovernmental agreement in the Gazette.
7 Publication of intergovernmental agreement
7 Aug 2019
8 No effect on Crimes (Aviation) Act 1991
Temporal overlap with 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.
Influence from Crimes (Aviation) Act 1991
Implies no effect on Crimes (Aviation) Act 1991
Diffusion from Crimes (Aviation) Act 1991
Temporal containment with Crimes (Aviation) Act 1991
9 Regulations
9(1) Regulations
No regulations for cooperative scheme purposes
9(2) Regulations
2 September 2019
Includes amendments up to Act No. 57, 2019
30 August 2019
An Act to give effect to a cooperative scheme for dealing with crimes at sea, and for other purposes
Crimes at Sea Act 2000