Document ID: chunk:federal_register_of_legislation:C2019C00248:clause:1_3:p1
Version: federal_register_of_legislation:C2019C00248
Segment Type: clause
Provision Reference: sch 1 cl 3 (pt 1/2)
Character Range: 24451–27292

3  Application of laws of criminal investigation, procedure and evidence
 (1) In this clause:
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 the intergovernmental agreement, responsibility (which may be either exclusive 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 Commonwealth has assumed responsibility; or
 (b) a judicial proceeding about an investigation, procedure or act by an authority of the Commonwealth in relation to a maritime offence.
judicial proceeding means:
 (a) a proceeding in a court (whether between parties or not) or a proceeding 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 offence or a proceeding incidental to or connected with the preliminary examination of a charge of an indictable offence.
preliminary examination of a charge of an indictable offence means a proceeding to decide whether the defendant should be committed for trial or, if the defendant pleads guilty to the charge, to commit the defendant for sentence or trial.
State judicial proceeding means:
 (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 assumed responsibility; or
 (b) a judicial proceeding about an investigation, procedure or act by an authority of a State in relation to a maritime offence.
 (2) The laws of criminal investigation, procedure and evidence of the Commonwealth and the States apply to maritime offences as follows:
 (a) the law of the Commonwealth applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the Commonwealth; and
 (b) the law of a State applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the State operating within the area of administrative responsibility for the relevant State; and
 (c) in a Commonwealth judicial proceeding the law of the Commonwealth applies and in a State judicial proceeding the law of the State in which the proceeding was commenced applies (subject to the Constitution) irrespective of whether:
 (i) the maritime offence arises under the law of the State in which the proceeding was commenced or another State; or
 (ii) the substantive criminal law against which the offence was committed applies in the relevant part of the