Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.
(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.