Document ID: chunk:federal_register_of_legislation:C2004A03968:body:0:p2
Version: federal_register_of_legislation:C2004A03968
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Character Range: 2829–5472

commences.

PART 2—AMENDMENTS OF THE CRIMES AT SEA ACT 1979

Principal Act

3. In this Part, "Principal Act" means the Crimes at Sea Act 19791.

Interpretation

4. Section 3 of the Principal Act is amended by inserting in subsection (1) the following definitions:

" 'Area A of the Zone of Cooperation' has the same meaning as in the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990;

'Indonesia' means the Republic of Indonesia;".

5. After section 9 of the Principal Act, the following section is inserted:

Criminal laws applicable in Area A of the Australia-Indonesia Zone of Cooperation

"9a. (1) Subject to this section, the criminal laws in force in the Northern Territory apply to any act done in Area A of the Zone of Cooperation that touches, concerns, is connected with or arises out of the exploration for, or exploitation of, petroleum resources as if the act had been done in the Northern Territory.

"(2) This section does not apply to:

(a) an act done on or from a ship or aircraft; or

(b) an act done by a national of Indonesia who is not also a national of Australia; or

(c) an act done by a permanent resident of Indonesia who is not a national of Australia.

"(3) Proceedings for an offence against a law applied by subsection (1) may not be instituted against a person if:

   (a) in proceedings for an offence against a law of Indonesia arising out of the same act or omission, the person has been acquitted or discharged without the imposition of a penalty; or

   (b) the person has incurred a penalty under a law of Indonesia for such an offence; or

   (c) a competent authority of Indonesia has decided not to prosecute the person for such an offence.

"(4) Proceedings for an offence against a law applied by subsection (1) may not be heard or determined without the written consent of the Attorney-General.

"(5) Subsections 7 (8), (9) and (10) apply in relation to a consent given by the Attorney-General under subsection (4) of this section as if it were a consent given under subsection 7 (5).

"(6) In this section:

'petroleum' has the same meaning as in the Treaty set out in the Schedule to the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.".

6. After section 17 of the Principal Act the following sections are inserted:

Transit of persons accused of offences against Indonesian laws

"17a. (1) Where Indonesia wishes to transport in custody through Australia a person (in this section called 'the accused') who has been arrested for an offence against a criminal law of Indonesia that applies in Area A of the Zone of Cooperation, the following provisions apply:

(a) the