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