Document ID: chunk:federal_register_of_legislation:C2016C01083:section:29
Version: federal_register_of_legislation:C2016C01083
Segment Type: section
Provision Reference: s 29
Character Range: 17546–19464

29  Commencement of proceedings
 (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed:
 (a) the platform concerned was beyond the Australian territorial sea; and
 (b) the alleged offence had an Australian element or a Protocol State element.
 (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.
 (3) For the purposes of this section, an offence against this Part had an Australian element if:
 (a) the fixed platform concerned was on the Australian continental shelf; or
 (b) the alleged offender was a national of Australia.
 (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied:
 (a) the fixed platform concerned was on the continental shelf of a Protocol State;
 (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State;
 (c) the alleged offender was a national of a Protocol State;
 (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol;
 (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol;
 (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol.
 (5) In this section:
offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27.

Part 4—Miscellaneous