{"id":"nsw:act-1998-173","name":"Crimes at Sea Act 1998","slug":"crimes-at-sea-act-1998","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"173 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105234,"registerId":"nsw-act-1998-173-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Crimes at Sea Act 1998](/view/html/inforce/current/act-1998-173).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act:\n> \n> cooperative scheme means the legislative and administrative scheme for applying and enforcing criminal law in the areas adjacent to the coast of Australia set out in Schedule 1.\n> \n> intergovernmental agreement means the agreement entered into under clause 5 of Schedule 1.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Ratification of cooperative scheme","content":"#### 4 Ratification of cooperative scheme\n\n4 Ratification of cooperative scheme\n\n> To the extent that it lies within the legislative competence of the State to give the cooperative scheme the force of law, it has the force of law.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Publication of intergovernmental agreement","content":"#### 5 Publication of intergovernmental agreement\n\n5 Publication of intergovernmental agreement\n\n> The Minister must have the intergovernmental agreement, and any amendment to the intergovernmental agreement, published in the Gazette.\n> \n> Editorial note—\n> \n> For intergovernmental agreements under this section see Gazette No 116 of 16.9.2005, p 7521. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Regulations","content":"#### 6 Regulations\n\n6 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) However, this section does not (except as provided by subsection (3)) authorise the making of regulations for the purposes of the cooperative scheme.\n> \n> > (3) Without limiting the generality of subsection (1), regulations may be made for or with respect to the classification of offences for the purposes of the cooperative scheme.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Repeal of Crimes (Offences at Sea) Act 1980 No 145","content":"#### 7 Repeal of Crimes (Offences at Sea) Act 1980 No 145\n\n7 Repeal of [Crimes (Offences at Sea) Act 1980 No 145](/view/pdf/asmade/act-1980-145)\n\n> The [Crimes (Offences at Sea) Act 1980](/view/pdf/asmade/act-1980-145) is repealed.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Application of repeal and amendments","content":"#### 8 Application of repeal and amendments\n\n8 Application of repeal and amendments\n\n> > (1) In this section, commencement day means the day on which sections 7 and 9 come into operation.\n> \n> > (2) Although section 7 repeals the [Crimes (Offences at Sea) Act 1980](/view/pdf/asmade/act-1980-145), that Act continues to apply, in relation to acts and omissions that took place before the commencement day, as if the repeal had not happened.\n> \n> > (3) The amendments referred to in section 9 apply to acts and omissions that take place on or after the commencement day.\n> \n> > (4) For the purposes of this section, if an act or omission is alleged to have taken place between two dates, one before and one on or after the commencement day, the act or omission is alleged to have taken place before the commencement day.\n> \n> **s 8:** Subst 2000 No 83, Sch 1 \\[1\\].","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9 (Repealed)","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"No effect on Crimes (Aviation) Act 1991 of the Commonwealth","content":"#### 10 No effect on Crimes (Aviation) Act 1991 of the Commonwealth\n\n10 No effect on [Crimes (Aviation) Act 1991](http://www.legislation.gov.au/) of the Commonwealth\n\n> This Act and the cooperative scheme do not apply to an act or omission to which section 15 of the [Crimes (Aviation) Act 1991](http://www.legislation.gov.au/) of the Commonwealth applies.\n> \n> **s 10:** Ins 2000 No 83, Sch 1 \\[2\\].","sortOrder":10},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"The Cooperative Scheme","content":"# Schedule 1 The Cooperative Scheme\n\nSchedule 1 The Cooperative Scheme\n\n(Section 3)\n\n**sch 1:** Am 1999 No 31, Sch 2.9 \\[1\\]–\\[8\\]; 2000 No 83, Sch 1 \\[3\\]–\\[19\\]; 2007 No 27, Sch 1.12 \\[1\\]–\\[9\\]; 2011 No 27, Sch 2.12 \\[1\\]–\\[3\\].","sortOrder":11},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":12},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application of State criminal law in adjacent area","content":"# Part 2 Application of State criminal law in adjacent area\n\nPart 2 Application of State criminal law in adjacent area","sortOrder":14},{"sectionNumber":"Part 3","sectionType":"part","heading":"The intergovernmental agreement","content":"# Part 3 The intergovernmental agreement\n\nPart 3 The intergovernmental agreement","sortOrder":18},{"sectionNumber":"Part 4","sectionType":"part","heading":"Limitations and exclusions","content":"# Part 4 Limitations and exclusions\n\nPart 4 Limitations and exclusions","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":26},{"sectionNumber":"11","sectionType":"section","heading":"Interpretation","content":"#### 11 Interpretation\n\n11 Interpretation\n\n> The [Acts Interpretation Act 1901](http://www.legislation.gov.au/) (Commonwealth) applies to this scheme in the same way as to a Commonwealth Act.","sortOrder":27},{"sectionNumber":"12","sectionType":"section","heading":"Regulations","content":"#### 12 Regulations\n\n12 Regulations\n\n> > (1) The Governor-General may make regulations prescribing matters:\n> > \n> > > (a) required or permitted by this scheme to be prescribed, or\n> > \n> > > (b) necessary or convenient to be prescribed for carrying out or giving effect to this scheme.\n> \n> > (2) However, a regulation affecting the operation of this scheme in relation to the inner adjacent area for a State may only be made with the agreement of the participating State Minister for the relevant State.","sortOrder":28},{"sectionNumber":"Part 6","sectionType":"part","heading":"Adjacent areas","content":"# Part 6 Adjacent areas\n\nPart 6 Adjacent areas","sortOrder":29},{"sectionNumber":"13","sectionType":"section","heading":"Definitions","content":"#### 13 Definitions\n\n13 Definitions\n\n> In this Part:\n> \n> baseline of Australia’s territorial sea means the baseline from which the breadth of the territorial sea is to be measured under section 7 of the [Seas and Submerged Lands Act 1973](http://www.legislation.gov.au/) (Commonwealth).\n> \n> continental shelf has the same meaning as in the [Seas and Submerged Lands Act 1973](http://www.legislation.gov.au/) (Commonwealth).\n> \n> territorial sea has the same meaning as in the [Seas and Submerged Lands Act 1973](http://www.legislation.gov.au/) (Commonwealth).","sortOrder":30},{"sectionNumber":"14","sectionType":"section","heading":"Adjacent areas","content":"#### 14 Adjacent areas\n\n14 Adjacent areas\n\n> > (1) The adjacent area for New South Wales, Victoria, South Australia or Tasmania is so much of the area described in Schedule 1 to the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth) in relation to that State as is within the outer limits of the continental shelf and includes the space above and below that area.\n> \n> > (2) The adjacent area for Queensland is:\n> > \n> > > (a) so much of the area described in Schedule 1 to the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth) in relation to Queensland as is within the outer limits of the continental shelf, and\n> > \n> > > (b) the Coral Sea area (within the meaning of section 8 (2) of the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth)) other than the territorial sea within the Coral Sea area, and\n> > \n> > > (c) the areas within the outer limits of the territorial sea adjacent to certain islands of Queensland as determined by proclamation on 4 February 1983 under section 7 of the [Seas and Submerged Lands Act 1973](http://www.legislation.gov.au/) (Commonwealth), and\n> > \n> > > (d) the space above and below the areas described in paragraphs (a), (b) and (c).\n> \n> > (3) The adjacent area for Western Australia is so much of the area described in Schedule 1 to the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth) in relation to Western Australia as:\n> > \n> > > (a) is within the outer limits of the continental shelf, and\n> > \n> > > (b) is not within the Joint Petroleum Development Area,\n> > \n> > and includes the space above and below that area.\n> \n> > (4) The adjacent area for the Northern Territory is:\n> > \n> > > (a) so much of the area described in Schedule 1 to the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth) in relation to the Northern Territory as:\n> > > \n> > > > (i) is within the outer limits of the continental shelf, and\n> > > \n> > > > (ii) is not within the Joint Petroleum Development Area, and\n> > \n> > > (b) the offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of section 8 (1) of the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth)) other than the territorial sea within that area, and\n> > \n> > > (c) the space above and below the areas described in paragraphs (a) and (b).\n> \n> > (5) However, the adjacent area for a State does not include any area inside the limits of any State or Territory.\n> \n> > (6) A reference in this clause to the area described in Schedule 1 to the [Offshore Petroleum and Greenhouse Gas Storage Act 2006](http://www.legislation.gov.au/) (Commonwealth) in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given by that Schedule.","sortOrder":31},{"sectionNumber":"15","sectionType":"section","heading":"Baselines","content":"#### 15 Baselines\n\n15 Baselines\n\n> The baseline for a State is the part of the baseline of Australia’s territorial sea from which the part of the territorial sea that is within the adjacent area for that State is measured.","sortOrder":32},{"sectionNumber":"16","sectionType":"section","heading":"Indicative map","content":"#### 16 Indicative map\n\n16 Indicative map\n\n> > (1) A map showing the various areas that are relevant to this scheme appears in Appendix 1 to this scheme.\n> \n> > (2) The map is intended to be indicative only. The provisions of this scheme and of the body of this Act prevail over the map if there is any inconsistency.","sortOrder":33},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 2003 No 82, Sch 3.","sortOrder":35}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available metadata and version history, the Act appears to have retained its original core purpose of extending NSW criminal jurisdiction to coastal and offshore waters as part of the national Crimes at Sea scheme. Amendments in 2003, 2007, 2008, and 2011 appear to be maintenance and administrative updates rather than fundamental changes in scope. No evidence of scope drift from the original intent is apparent from the information provided."},"complexity_factors":["Involves the interaction between state (NSW) and federal (Commonwealth) law — understanding one requires understanding both","Jurisdictional concepts (who has legal authority where) are inherently technical and unfamiliar to most people","Requires knowledge of maritime law concepts such as territorial sea limits and nautical miles","Part of a cooperative multi-jurisdictional scheme across all Australian states and territories, adding layers of cross-referencing","The actual legislative text is not reproduced here — the available content is largely metadata and navigation elements, making full analysis impossible","Has been amended multiple times since 1998, creating a layered legislative history that can be difficult to navigate","Distinguishes between different ocean zones (coastal waters, adjacent areas, international waters) which have different legal implications"],"plain_english_summary":"This NSW law extends the state's criminal law into the coastal sea so offences committed aboard vessels off the NSW coast can be charged and prosecuted as if they occurred on land. It affects anyone on boats in those waters and the agencies that investigate them, filling jurisdictional gaps and working with matching Commonwealth and state laws to prevent criminals at sea escaping accountability."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a cooperative scheme for applying criminal law at sea. While it has been amended multiple times (as noted in the amendment history), these appear to be technical updates—such as updating references to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 and adding the aviation exclusion (s 10)—rather than expansion beyond the original maritime criminal jurisdiction purpose."},"complexity_factors":["Dual application mechanism: State law applies in inner adjacent area by State authority, but in outer adjacent area by Commonwealth authority (clause 2)","Complex defined terms: 18 defined terms in Schedule 1 alone, including nested definitions (e.g., 'adjacent area' depends on 'baseline', which depends on Commonwealth legislation)","Cross-references to multiple external statutes: Seas and Submerged Lands Act 1973, Offshore Petroleum and Greenhouse Gas Storage Act 2006, Petroleum (Timor Sea Treaty) Act 2003, Judiciary Act 1903, Crimes (Aviation) Act 1991","Conditional procedural rules: Clause 3 creates a four-tier system for applying investigation and evidence laws depending on whether proceedings are Commonwealth or State initiated","Geographic complexity: Different boundary rules for each State (NSW/Vic/SA/Tas vs Qld vs WA vs NT), with special exclusions for Joint Petroleum Development Area","Consent requirements: Clause 7 creates a conditional consent regime for foreign ship prosecutions with specific procedural consequences if consent is denied","Intergovernmental agreement mechanism: The scheme's operation depends on a separate agreement not contained in the Act itself (clause 5-6)","Savings and transitional provisions: Section 8 preserves old law for pre-commencement acts while applying new law prospectively"],"plain_english_summary":"This law sets up a system for prosecuting crimes committed at sea off Australia's coast. It creates a 'cooperative scheme' where State and Commonwealth governments work together to apply criminal law in offshore areas.\n\n**What it does:**\n- **Extends State criminal laws** to apply in waters adjacent to each State (the 'adjacent area'), which includes waters up to 12 nautical miles from the coast (inner area) and beyond (outer area).\n- **Divides responsibility**: State criminal law applies in the inner adjacent area by force of State law. In the outer adjacent area, State criminal law applies by force of Commonwealth law.\n- **Sets procedural rules**: It determines which laws apply for investigations, arrests, trials, and evidence—Commonwealth law for Commonwealth authorities, State law for State authorities.\n- **Requires an agreement**: States and the Commonwealth must enter an 'intergovernmental agreement' to divide responsibility for prosecuting maritime crimes.\n- **Protects foreign ships**: The Commonwealth Attorney-General must consent before prosecuting crimes committed on foreign-registered ships, and must consider the views of that country.\n\n**Who it affects:**\n- People on ships in Australian offshore waters\n- State and Commonwealth police and prosecutors\n- Foreign ships and their crews operating near Australia\n\n**Why it matters:**\nBefore this law, it was unclear which police could arrest you, which courts could try you, and which laws applied when crimes happened at sea. This law fixes that by creating a clear framework, while respecting international law regarding foreign vessels."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces the earlier Crimes (Offences at Sea) Act 1980 (s7) and implements a new cooperative scheme that extends and clarifies how State criminal law applies offshore (Schedule 1, cl.2). It introduces an intergovernmental agreement to allocate prosecutorial responsibility (cl.5–6), adds an Attorney‑General consent requirement for foreign‑flag prosecutions (cl.7), and contains transitional savings for pre‑commencement acts (Act s8), thereby changing the structure and administration of maritime criminal jurisdiction from the prior statute."},"complexity_factors":["Multiple jurisdictional layers: different legal effects in inner adjacent area (State law by force of State) and outer adjacent area (State law applied by Commonwealth) (Schedule 1, cl.2).","Dense definitions and cross‑references defining areas, baselines and ships (Schedule 1, cl.1, cls 14–16).","Intergovernmental agreement that can allocate or create concurrent responsibilities across areas, with courts barred from hearing charges contrary to it (Schedule 1, cl.5–6).","Commonwealth Attorney‑General’s gatekeeping role for prosecutions on foreign‑registered ships where the flag state has jurisdiction (Schedule 1, cl.7).","Regulation‑making powers split between Governor‑General/Governor and requirement for State minister agreement where inner adjacent area is affected (Schedule 1, cl.12; Act s6).","Savings and transitional rules from repeal of the prior 1980 Act and later amendments creating temporal application issues (Act ss7–8).","Reliance on external Commonwealth statutes for geographic scope and maritime definitions, increasing cross‑statute interpretive work (Schedule 1, cls 13–16 referencing Seas and Submerged Lands Act 1973 and Offshore Petroleum and Greenhouse Gas Storage Act 2006).","Evidentiary presumption about where an offence occurred unless proved otherwise, shifting burdens in prosecutions (Schedule 1, cl.4)."],"plain_english_summary":"This Act sets up a cooperative legal scheme so that State criminal laws can apply in maritime “adjacent areas” off Australian coasts: State law operates in the inner adjacent area and the Commonwealth gives effect to State substantive criminal law in the outer adjacent area (Schedule 1, cl.2). It creates an intergovernmental agreement to allocate who administers and enforces those laws and requires the Commonwealth Attorney‑General’s consent for prosecutions involving foreign‑registered ships (Schedule 1, cl.5–7)."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-at-sea-act-1998","history":"/api/acts/crimes-at-sea-act-1998/history","analysis":"/api/acts/crimes-at-sea-act-1998/analysis","conflicts":"/api/acts/crimes-at-sea-act-1998/conflicts","importantCases":"/api/acts/crimes-at-sea-act-1998/important-cases","documents":"/api/acts/crimes-at-sea-act-1998/documents"}}