Crimes at Sea Act 1998 (SA)

South Australia Crimes at Sea Act 1998 An Act to give effect to a cooperative scheme for dealing with crimes at sea; and for other purposes.

Contents Preamble 1 Short title 3 Definitions 4 Ratification of cooperative scheme 5 Classification of offences 6 Publication of intergovernmental agreement 6A Application of Act 7 Regulations 8 Transitional provision Schedule—The cooperative scheme Part 1—Preliminary 1 Definitions Part 2—Application of State criminal law to adjacent area 2 Application of State criminal law in adjacent area 3 Application of laws of criminal investigation, procedure and evidence 4 Evidentiary presumption about the locus of an offence Part 3—The intergovernmental agreement 5 Intergovernmental agreement 6 Effect of the agreement Part 4—Limitations and exclusions 7 Commonwealth Attorney-General's consent required for certain prosecutions 8 Non-exclusion of consistent extra-territorial legislative schemes 9 Exclusion of certain laws from ambit of this scheme 10 Non-application of scheme to Area A of the Zone of Cooperation Part 5—Miscellaneous 11 Interpretation 12 Regulations Part 6—Adjacent areas 13 Definitions 14 Adjacent areas 15 Baselines Appendix 1—Adjacent areas Legislative history

Preamble 1 The Commonwealth and the States have agreed to a cooperative scheme to apply the criminal law of the States extraterritorially in the areas adjacent to the coast of Australia. 2 Under the scheme, the criminal law of each State is to apply in the area adjacent to the State— • for a distance of 12 nautical miles from the baseline for the State—by force of the law of the State; and • beyond 12 nautical miles up to a distance of 200 nautical miles from the baseline for the State or the outer limit of the continental shelf (whichever is the greater distance)—by force of the law of the Commonwealth. 3 Responsibility for administering criminal justice in the area covered by the scheme will be divided between the Commonwealth and the States under the scheme and an intergovernmental agreement. 4 The purpose of this Act is to give legal force to the scheme—so far as it depends on the legislative power of the State—and to provide for consequential vesting of judicial and other powers.