Document ID: chunk:federal_register_of_legislation:F2019N00100:body:0:p1
Version: federal_register_of_legislation:F2019N00100
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INTERGOVERNMENTAL AGREEMENT
CRIMES AT SEA

This Agreement is made on 29 November 2019

Between

The Commonwealth of Australia
The State of New South Wales
The State of Victoria
The State of Queensland
The State of Western Australia
The State of South Australia
The State of Tasmania
The Northern Territory

GIVEN THAT

      (a)                          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; and

      (b)                          the cooperative scheme is given the force of law by the following laws:
           (i)            Crimes at Sea Act 2000 (Commonwealth);
           (ii)          Crimes at Sea Act 1998 (New South Wales);
           (iii)        Crimes at Sea Act 1999 (Victoria);
           (iv)         Crimes at Sea Act 2001 (Queensland);
           (v)           Crimes at Sea Act 2000 (Western Australia);
           (vi)         Crimes at Sea Act 1998 (South Australia);
           (vii) Crimes at Sea Act 1999 (Tasmania);
           (viii)            Crimes at Sea Act 2000 (Northern Territory); and

      (c)                          clause 5 of the cooperative scheme authorises the making of an intergovernmental agreement providing for the division of responsibility for administering and enforcing the law relating to crimes at sea.

THE COMMONWEALTH AND THE STATES AGREE AS FOLLOWS

    1                     Definitions

    In this Agreement:

    adjacent area means an area where the law of a State is applied by Commonwealth law.

    adjacent state, in relation to an adjacent area, means the State whose laws are applied to that area by Commonwealth law.

    applied laws, in relation to a State, means the substantive and procedural laws applied to the State by clauses 2 and 3 of the cooperative scheme.

    arrival State means the participating State in which an Australian ship next arrives, with the alleged offender on board, after an offence has been committed on or from that ship within the adjacent area of another participating State.

    Australian ship has the meaning given by clause 1 of the cooperative scheme.

    authority has the meaning given in clause 3 of the cooperative scheme.

    Commonwealth means the Commonwealth of Australia.

    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 to the Crimes at Sea Act 2000 (Commonwealth).

    participating State means a State that is party to the cooperative scheme and this Agreement.

    State has the meaning given by clause 1 of the cooperative scheme.

    2                     Duty etc of an authority of an adjacent State

    An authority (other than a court) of a State that has a power, duty or function (other than a power, duty or function involving the exercise of judicial power) under a provision of the criminal law of that State that is also an