CRIMES AT SEA BILL 2000 Second Reading Speech

Northern Territory Second Reading Speeches

CRIMES AT SEA BILL 2000

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Mr Speaker, I move that the bills be now read a second time.

The purpose of the Crimes at Sea Bill is to rationalise and simplify the application of criminal laws in off-shore areas around Australia. The scheme was developed by the Special Committee of Solicitors-General and has the support of the Standing Committee of Attorneys-General and the Australasian Police Ministers Council.

The bill is based upon model legislation which is being progressively introduced in all Australian jurisdictions. The new scheme will replace existing Commonwealth and State/Territory legislation dealing with the application of the general criminal law in Australian waters. The current scheme is found in a number of acts including the Commonwealth Crimes at Sea Act (1979) and the Northern Territory Criminal Law Offences at Sea Act. Jurisdiction over crimes committed at sea has been subject to many influences over the years including those arising from constitutional law decisions of the High Court of Australia and developments under international law including in particular, the ratification by Australia of the Law of the Sea Convention.

The present scheme provides for the imposition of state/territory criminal laws by reference to the destination of a vessel in a state/territory in which the vessel is registered. This approach is given rise to practical difficulties and it is complex in its operation. In particular, the existing scheme contemplates the possibility of the state/territory authority to investigate a crime at sea that wasn’t an offence against the law of another Australian jurisdiction, would be bound to follow the investigative procedures of that other jurisdiction. A new scheme is designed to overcome these confusing procedures.

Under the new scheme each jurisdiction will enact legislation containing a uniform schedule that allows for the extraterritorial application of state/territory criminal laws in the sea surrounding Australia. This area is described as the adjacent area. The adjacent area extends 200 nautical miles from baseline to the state/territory to the outer limit of the continental shelf, whichever is the greater distance.

The criminal law of the Northern Territory is to apply of its own force to a distance of 12 nautical miles from the baseline to the Northern Territory. Beyond the 12 nautical miles, the criminal law of the Northern Territory is applied by force of Commonwealth law. The boundaries and baselines of the states, the Northern Territory and the boundaries of the adjacent areas are described in Part 6 of this schedule to the Crimes at Sea Bill 2000 and it is reflected in the map attached in these appendix. The scheme does not apply to the Northern Territory and Commonwealth law is excluded by regulation from the ambit of the scheme. This will allow for presently operating schemes relating to subjects such as fisheries.

Under the new scheme, the authority that is investigating an offence does so in accordance with its own procedures, for example Northern Territory Police investigate an offence which occurred within the adjacent area of West Australia, contrary to West Australian law, will follow Northern Territory investigative procedures. In a Commonwealth judicial proceeding, the law of the Commonwealth applies and in a Northern Territory judicial proceeding the law of the Northern Territory applies. Where Northern Territory offence and a Commonwealth offence are being investigated simultaneously, the investigative authority will follow the more stringent procedural requirements as is the case currently. The consent of the Commonwealth Attorney General will be required before prosecution can proceed in cases where the alleged offence also falls within another country’s jurisdiction under international law. This is designed to ensure that no conflicts occur in respect of Australia’s obligations under international law. The Commonwealth act also deals with the application of Australian criminal law outside the adjacent area and makes special provision for the application of criminal laws in the area A of the Zone of Co-operation under the Timor Gap Treaty. The substance of the criminal law defined in this zone will be the Northern Territory law.

To facilitate the proposed scheme, responsibility for the administration enforcement of the law relating to crimes at sea are set out in an intergovernmental agreement. The agreement which has the support of both the Standing Committee of Attorneys-General and the Australasian Police Minister’s Council will be entered into by Attorneys-General once the legislation is enacted in all jurisdictions. The Crimes at Sea Bill 2000 provides that the agreement and any amendments to it will be published in the Gazette. The consequential amendment is also required to the Territory’s Off-Shore Waters (Application of Territory Laws) Amendment Act to ensure that it does not apply to the laws and areas covered under the proposed Crimes at Sea Bill 2000.

This new scheme will operate in a more straightforward manner than the current scheme and will ensure that procedures relating to the investigation and prosecution of offences committed at sea are easier to apply.

Mr Speaker, I commend the bills to honourable members.

Debate adjourned.

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