Document ID: chunk:federal_register_of_legislation:C2016C01083:section:20
Version: federal_register_of_legislation:C2016C01083
Segment Type: section
Provision Reference: s 20
Character Range: 13426–15202

20  Ship's master may deliver alleged offenders to Convention State
 (1) A ship's master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.
 (2) A ship's master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State:
 (a) of his or her intention to deliver the person to the authorities; and
 (b) of his or her reasons for intending to do so.
 (3) A notification under subsection (2) must be given:
 (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or
 (b) in any other case‑as soon as is reasonably practicable.
 (4) If a ship's master delivers a person under subsection (1), he or she must:
 (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and
 (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master's possession.
 (5) A ship's master who fails to comply with subsection (3) or (4) commits an offence.
Penalty: 20 penalty units.
 (5A) Subsection (5) does not apply if the ship's master has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).
 (6) In this section:
offence against Division 1 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 8 to 16.
ship's master means the master of an Australian ship.

Part 3—Provisions relating to the Protocol