Document ID: chunk:federal_register_of_legislation:C2019C00248:section:6:p1
Version: federal_register_of_legislation:C2019C00248
Segment Type: section
Provision Reference: s 6 (pt 1/2)
Character Range: 7690–10335

6  Application of Australian criminal law outside the adjacent area
 (1) The substantive criminal law of the Jervis Bay Territory, as in force from time to time, applies at sea outside the adjacent area to a criminal act:
 (a) on an Australian ship; or
 (b) in the course of activities controlled from an Australian ship; or
 (c) of a person who has abandoned, or temporarily left, an Australian ship and has not returned to land.
 (2) The substantive criminal law of the Jervis Bay Territory, as in force from time to time, applies at sea outside the adjacent area to a criminal act:
 (a) of an Australian citizen (other than a member of the crew) on a foreign ship; or
 (b) of an Australian citizen (other than a member of the crew) in the course of activities controlled from a foreign ship; or
 (c) of an Australian citizen who has abandoned, or temporarily left, a foreign ship and has not returned to land.
 (3) The substantive criminal law of the Jervis Bay Territory, as in force from time to time, is taken to have applied at sea outside the adjacent area to a criminal act:
 (a) on a foreign ship; or
 (b) in the course of activities controlled from a foreign ship; or
 (c) of a person who has abandoned, or temporarily left, a foreign ship and has not returned to land;
if the first country at which the ship calls, or the person lands, after the criminal act, is Australia or an external territory of Australia.
 (4) A charge of an offence that arises under this section cannot proceed to hearing or determination or, if the offence is an indictable offence, to preliminary examination in committal proceedings, unless the Attorney‑General consents in writing to the hearing and determination of the charge.
 (5) Before granting such a consent, the Attorney‑General must take into account any views expressed by the government of a country other than Australia whose jurisdiction over the alleged offence is recognised under principles of international law.
 (6) Even though the Attorney‑General has not granted such a consent, the absence of consent is not to prevent or delay:
 (a) the arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or
 (b) the laying of a charge against the suspected offender; or
 (c) proceedings for the extradition to Australia of the suspected offender; or
 (d) proceedings for remanding the suspected offender in custody or on bail.
 (7) If the Attorney‑General declines to grant consent, the court in which the suspected offender has been charged with the offence must permanently stay proceedings on the charge.
 (8) In any