{"id":"tas:act-1999-011","name":"Crimes at Sea Act 1999","slug":"crimes-at-sea-act-1999","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"11 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105942,"registerId":"tas-act-1999-011-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Crimes at Sea Act 1999](/view/html/inforce/2026-04-12/act-1999-011) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> The provisions of this Act commence on a day or days to be proclaimed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\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](#JS1@EN) ;\n> \n> > ***intergovernmental agreement*** means the agreement entered into under [clause 5](#JS1@HS3@GC5@EN) of [Schedule 1](#JS1@EN) .","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Ratification of cooperative scheme","content":"### 4 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":"Classification of offences","content":"### 5 Classification of offences\n\n> Offences (other than offences arising under the law of the State) are classified for the purposes of the cooperative scheme as follows:\n> \n> > > (a) if the maximum penalty for the offence is a fine or imprisonment for not more than 2 years, the offence is classified as a summary offence;\n> > \n> > > (b) if the maximum penalty for the offence is (or includes) imprisonment for more than 2 years but not more than 5 years, the offence is classified as a minor indictable offence;\n> > \n> > > (c) if the maximum penalty for the offence is (or includes) imprisonment for more than 5 years or for an indeterminate term, the offence is classified as a major indictable offence.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Publication of intergovernmental agreement","content":"### 6 Publication of intergovernmental agreement\n\n> The Minister is to have the intergovernmental agreement, and any amendment to the intergovernmental agreement, published in the *Gazette*.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"### 7 Regulations\n\n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  [Subsection (1)](#GS7@Gs1@EN) does not authorise the making of regulations for the purposes of the cooperative scheme.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Administration of Act","content":"### 8 Administration of Act\n\n> Until provision is made in relation to this Act by order under [section 4 of the](/view/html/inforce/2026-04-12/act-1990-004#GS4@EN) [Administrative Arrangements Act 1990](/view/html/inforce/2026-04-12/act-1990-004)  –\n> \n> > > (a) the administration of this Act is assigned to the Minister for Justice and Industrial Relations; and\n> > \n> > > (b) the department responsible to the Minister for Justice and Industrial Relations in relation to the administration of this Act is the Department of Justice and Industrial Relations.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Crimes (Offences at Sea) Act 1979  repealed","content":"### 9 Crimes (Offences at Sea) Act 1979  repealed\n\n> The [Crimes (Offences at Sea) Act 1979](/view/html/inforce/2026-04-12/act-1979-069) is repealed.","sortOrder":8},{"sectionNumber":"SCHEDULE 1 - The cooperative s","sectionType":"part","heading":"SCHEDULE 1 - The cooperative scheme","content":"# SCHEDULE 1 - The cooperative s SCHEDULE 1 - The cooperative scheme\n\n[Section 3](#GS3@EN)","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\n> **1.   **Interpretation****\n> \n> > > (1) In this scheme –\n> > > \n> > > > ***adjacent area*** for a State has the meaning given by [clause 14](#JS1@HS6@GC14@EN) ;\n> > > \n> > > > ***Area A of the Zone of Cooperation*** has the same meaning as in the [Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth;\n> > > \n> > > > ***Australian ship*** means –\n> > > > \n> > > > > > (a) a ship registered in Australia; or\n> > > > > \n> > > > > > (b) a ship that operates, or is controlled, from a base in Australia and is not registered under the law of another country; or\n> > > > > \n> > > > > > (c) a ship that belongs to an arm of the Defence Force;\n> > > \n> > > > ***baseline*** for a State has the meaning given by [clause 15](#JS1@HS6@GC15@EN) ;\n> > > \n> > > > ***foreign ship*** means a ship other than an Australian ship;\n> > > \n> > > > ***inner adjacent area*** for a State means the parts of the adjacent area for the State that are –\n> > > > \n> > > > > > (a) on the landward side of the baseline for the State; and\n> > > > > \n> > > > > > (b) on the seaward side, but within 12 nautical miles from, the baseline for the State;\n> > > \n> > > > ***intergovernmental agreement*** means the agreement entered into under [clause 5](#JS1@HS3@GC5@EN) ;\n> > > \n> > > > ***law of criminal investigation, procedure and evidence*** means law (including unwritten law) about –\n> > > > \n> > > > > > (a) the investigation of offences (including coronial inquiry); or\n> > > > > \n> > > > > > (b) immunity from prosecution and undertakings about the use of evidence; or\n> > > > > \n> > > > > > (c) the arrest and custody of offenders or suspected offenders; or\n> > > > > \n> > > > > > (d) bail; or\n> > > > > \n> > > > > > (e) the laying of charges; or\n> > > > > \n> > > > > > (f) the capacity to plead to a charge, or to stand trial on a charge; or\n> > > > > \n> > > > > > (g) the classification of offences as indictable or summary offences (and sub-classification within those classes); or\n> > > > > \n> > > > > > (h) procedures for dealing with a charge of a summary offence; or\n> > > > > \n> > > > > > (i) procedures for dealing with a charge of an indictable offence (including preliminary examination of the charge); or\n> > > > > \n> > > > > > (j) procedures for sentencing offenders and the punishment of offenders; or\n> > > > > \n> > > > > > (k) the hearing and determination of appeals in criminal proceedings; or\n> > > > > \n> > > > > > (l) the rules of evidence; or\n> > > > > \n> > > > > > (m) other subjects declared by regulation to be within the ambit of the law of criminal investigation, procedure and evidence; or\n> > > > > \n> > > > > > (n) the interpretation of laws of the kinds mentioned above;\n> > > \n> > > > ***maritime offence*** means an offence against a law that applies in the adjacent area for a State under this scheme;\n> > > \n> > > > ***offence*** means an indictable or summary offence;\n> > > \n> > > > ***outer adjacent area*** for a State means the part of the adjacent area for the State that is outside the inner adjacent area for the State;\n> > > \n> > > > ***participating State Minister*** means a Minister responsible for administering a State Act that gives effect to this scheme;\n> > > \n> > > > ***ship*** means a vessel or boat of any description and includes –\n> > > > \n> > > > > > (a) a floating structure; and\n> > > > > \n> > > > > > (b) a hovercraft or other similar craft;\n> > > \n> > > > ***State*** includes the Northern Territory and Norfolk Island;\n> > > \n> > > > ***substantive criminal law*** means law (including unwritten law) –\n> > > > \n> > > > > > (a) creating offences or imposing criminal liability for offences; or\n> > > > > \n> > > > > > (b) dealing with capacity to incur criminal liability; or\n> > > > > \n> > > > > > (c) providing a defence or for reduction of the degree of criminal liability; or\n> > > > > \n> > > > > > (d) providing for the confiscation of property used in, or derived from, the commission of an offence; or\n> > > > > \n> > > > > > (e) providing for the payment of compensation for injury, loss or damage resulting from the commission of an offence, or the restitution of property obtained through the commission of an offence; or\n> > > > > \n> > > > > > (f) dealing with other subjects declared by regulation to be within the ambit of the substantive criminal law of a State; or\n> > > > > \n> > > > > > (g) providing for the interpretation of laws of the kinds mentioned above;\n> > > \n> > > > ***summary offence*** means any offence other than an indictable offence.\n> > \n> > > (2) The law of criminal investigation, procedure and evidence of the Commonwealth includes provisions of State law on the relevant subjects applied under the *Judiciary Act 1903* of the Commonwealth.","sortOrder":10},{"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\n> **2.   **Application of State criminal law in adjacent area****\n> \n> > > (1) The substantive criminal law of a State, as in force from time to time, applies, by force of the law of the State, throughout the inner adjacent area for the State.\n> > \n> > > (2) The provisions of the substantive criminal law of a State, as in force from time to time, apply, by force of the law of the Commonwealth, throughout the outer adjacent area for the State.\n> > \n> > > (3) However, this clause does not –\n> > > \n> > > > > (a) apply to a substantive criminal law that is incapable of applying in an adjacent area or is limited by its express terms to a place within the area of a State; or\n> > > > \n> > > > > (b) give a legal effect to a provision of a substantive criminal law that the provision does not have within the area of the State.\n\n> **3.   **Application of laws of criminal investigation, procedure and evidence****\n> \n> > > (1) In this clause –\n> > > \n> > > > ***act*** includes an omission;\n> > > \n> > > > ***area of administrative responsibility*** for a particular State is –\n> > > > \n> > > > > > (a) the area of the State; and\n> > > > > \n> > > > > > (b) the inner adjacent area for the State; and\n> > > > > \n> > > > > > (c) other parts of the adjacent area in which the State has, under the intergovernmental agreement, responsibility (which may be either exclusive or concurrent) for administering criminal justice;\n> > > \n> > > > ***authority*** includes an agent or official;\n> > > \n> > > > ***Commonwealth judicial proceeding*** means –\n> > > > \n> > > > > > (a) a judicial proceeding related to a maritime offence –\n> > > > > > \n> > > > > > > > (i) initiated by an authority of the Commonwealth; or\n> > > > > > > \n> > > > > > > > (ii) for the conduct of which an authority of the Commonwealth has assumed responsibility; or\n> > > > > \n> > > > > > (b) a judicial proceeding about an investigation, procedure or act by an authority of the Commonwealth in relation to a maritime offence;\n> > > \n> > > > ***judicial proceeding*** means –\n> > > > \n> > > > > > (a) a proceeding in a court (whether between parties or not) or a proceeding incidental to or connected with a proceeding in a court; or\n> > > > > \n> > > > > > (b) the laying of a charge; or\n> > > > > \n> > > > > > (c) the preliminary examination of a charge of an indictable offence or a proceeding incidental to or connected with the preliminary examination of a charge of an indictable offence;\n> > > \n> > > > ***preliminary examination*** of a charge of an indictable offence means a proceeding to decide whether the defendant should be committed for trial or, if the defendant pleads guilty to the charge, to commit the defendant for sentence;\n> > > \n> > > > ***State judicial proceeding*** means –\n> > > > \n> > > > > > (a) a judicial proceeding related to a maritime offence –\n> > > > > > \n> > > > > > > > (i) initiated by an authority of a State; or\n> > > > > > > \n> > > > > > > > (ii) for the conduct of which an authority of a State has assumed responsibility; or\n> > > > > \n> > > > > > (b) a judicial proceeding about an investigation, procedure or act by an authority of a State in relation to a maritime offence.\n> > \n> > > (2) The laws of criminal investigation, procedure and evidence of the Commonwealth and the States apply to maritime offences as follows:\n> > > \n> > > > > (a) the law of the Commonwealth applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the Commonwealth;\n> > > > \n> > > > > (b) the law of a State applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the State operating within the area of administrative responsibility for the relevant State;\n> > > > \n> > > > > (c) in a Commonwealth judicial proceeding the law of the Commonwealth applies and in a State judicial proceeding the law of the State in which the proceeding was commenced applies (subject to the Constitution) irrespective of whether –\n> > > > > \n> > > > > > > (i) the maritime offence arises under the law of the State in which the proceeding was commenced or another State; or\n> > > > > > \n> > > > > > > (ii) the substantive criminal law against which the offence was committed applies in the relevant part of the adjacent area under the law of the State in which the proceeding was commenced, another State or the Commonwealth.\n> > \n> > > (3) This clause operates to the exclusion of any Commonwealth or State law that is inconsistent with it.\n> > \n> > > (4) A Commonwealth or State law enacted or made after the commencement of this clause is to be construed as having effect subject to this clause, unless the law expressly overrides this clause.\n> > \n> > > (5) The *Administrative Decisions (Judicial Review) Act 1977* of the Commonwealth does not apply to a decision taken under a State law that applies to investigations, procedures and acts by authorities of the State under [subclause (2)(b)](#JS1@HS2@GC3@Gc2@Hpb@EN) .\n\n> **4.   **Evidentiary presumption about the locus of an offence****\n> \n> > If, in proceedings for a maritime offence, an alleged act, omission or state of affairs, that is an element of the offence, is proved, an allegation in the information or complaint that the act, omission or state of affairs happened in the adjacent area, inner adjacent area, or outer adjacent area for a particular State is taken to be proved in the absence of proof to the contrary.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"The intergovernmental agreement","content":"# Part 3 The intergovernmental agreement\n\n> **5.   **Intergovernmental agreement****\n> \n> > > (1) The Commonwealth Attorney-General, on behalf of the Commonwealth, and the participating State Ministers may enter into an agreement providing for the division of responsibility for administering and enforcing the law relating to maritime offences.\n> > \n> > > (2) The intergovernmental agreement may provide for concurrent responsibility in specified parts of the adjacent area.\n\n> **6.   **Effect of the agreement****\n> \n> > > (1) A charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement.\n> > \n> > > (2) If a charge of a maritime offence is brought in a court in contravention of [subclause (1)](#JS1@HS3@GC6@Gc1@EN) , the court must, on application by the Commonwealth Attorney-General or a participating State Minister, permanently stay the proceedings in that court.\n> > \n> > > (3) However –\n> > > \n> > > > > (a) a contravention of [subclause (1)](#JS1@HS3@GC6@Gc1@EN) does not affect a court's jurisdiction; and\n> > > > \n> > > > > (b) if a charge of a maritime offence is brought in a court, the court will not (except on an application under [subclause (2)](#JS1@HS3@GC6@Gc2@EN) ) be concerned to enquire into whether the intergovernmental agreement has been complied with.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Limitations and exclusions","content":"# Part 4 Limitations and exclusions\n\n> **7.   **Commonwealth Attorney-General's consent required for certain prosecutions****\n> \n> > > (1) The Commonwealth Attorney-General's written consent is required before a charge of a maritime offence can proceed to hearing or determination or, if the offence is an indictable offence, to a preliminary examination in committal proceedings, if –\n> > > \n> > > > > (a) the offence is alleged to have been committed on or from a foreign ship; and\n> > > > \n> > > > > (b) the ship is registered under the law of a country other than Australia; and\n> > > > \n> > > > > (c) the country of registration has, under international law, jurisdiction over the alleged offence.\n> > \n> > > (2) Before granting such a consent, the Commonwealth Attorney-General must take into account any views expressed by the government of the country of registration.\n> > \n> > > (3) Even though the Commonwealth Attorney-General has not granted such a consent, the absence of consent is not to prevent or delay –\n> > > \n> > > > > (a) the arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or\n> > > > \n> > > > > (b) the laying of a charge against the suspected offender; or\n> > > > \n> > > > > (c) proceedings for the extradition to Australia of the suspected offender; or\n> > > > \n> > > > > (d) proceedings for remanding the suspected offender in custody or on bail.\n> > \n> > > (4) If the Commonwealth Attorney-General declines to grant consent, the court in which the suspected offender has been charged with the offence must permanently stay the proceedings.\n> > \n> > > (5) In any proceedings, an apparently genuine document purporting to be a copy of a written consent granted by the Commonwealth Attorney-General in accordance with this clause is to be accepted, in the absence of proof to the contrary, as proof of such consent.\n\n> **8.   **Non-exclusion of consistent extraterritorial legislative schemes****\n> \n> > This scheme does not exclude the extraterritorial operation of State law to the extent that the State law is capable of operating extraterritorially consistently with the scheme.\n\n> **9.   **Exclusion of certain laws from ambit of this scheme****\n> \n> > This scheme does not apply to State and Commonwealth laws excluded by regulation from the ambit of the scheme.\n\n> **10.   **Non-application of scheme to Area A of the Zone of Cooperation****\n> \n> > This scheme does not apply to Area A of the Zone of Cooperation.","sortOrder":13},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\n> **11.   ***Acts Interpretation Act 1901* of the Commonwealth applies to scheme****\n> \n> > The *Acts Interpretation Act 1901* of the Commonwealth applies to this scheme in the same way as to a Commonwealth Act.\n\n> **12.   **Regulations****\n> \n> > > (1) The Governor-General may make regulations 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":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Adjacent areas","content":"# Part 6 Adjacent areas\n\n> **13.   **Interpretation: Part 6****\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](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth;\n> > \n> > > ***continental shelf*** has the same meaning as in the [Seas and Submerged Lands Act 1973](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth;\n> > \n> > > ***territorial sea*** has the same meaning as in the [Seas and Submerged Lands Act 1973](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth.\n\n> **14.   **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 2 to the [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth in relation to that State that 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 2 to the [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth in relation to Queensland that is within the outer limits of the continental shelf; and\n> > > > \n> > > > > (b) the Coral Sea area (within the meaning of section 5A(7) of the [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-1999-011) of the 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](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth; and\n> > > > \n> > > > > (d) the space above and below the areas described in [paragraphs (a)](#JS1@HS6@GC14@Gc2@Hpa@EN) , [(b)](#JS1@HS6@GC14@Gc2@Hpb@EN) and [(c)](#JS1@HS6@GC14@Gc2@Hpc@EN) .\n> > \n> > > (3) The adjacent area for Western Australia is so much of the area described in Schedule 2 to the [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth in relation to Western Australia that –\n> > > \n> > > > > (a) is within the outer limits of the continental shelf; and\n> > > > \n> > > > > (b) is not within Area A of the Zone of Cooperation –\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 2 to the [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth in relation to the Northern Territory that –\n> > > > > \n> > > > > > > (i) is within the outer limits of the continental shelf; and\n> > > > > > \n> > > > > > > (ii) is not within Area A of the Zone of Cooperation; and\n> > > > \n> > > > > (b) the adjacent area for the Territory of Ashmore and Cartier Islands (within the meaning of section 5A(3) of the [Petroleum (Submerged Lands) Act 1967](/view/html/inforce/2026-04-12/act-1999-011) of the Commonwealth) other than the territorial sea within that area; and\n> > > > \n> > > > > (c) the space above and below the areas described in [paragraphs (a)](#JS1@HS6@GC14@Gc4@Hpa@EN) and [(b)](#JS1@HS6@GC14@Gc4@Hpb@EN) .\n> > \n> > > (5) The adjacent area for Norfolk Island is the area the boundaries of which are –\n> > > \n> > > > > (a) the baseline for Norfolk Island; and\n> > > > \n> > > > > (b) the outer limit of the continental shelf adjacent to the coast of Norfolk Island –\n> > > \n> > > and includes the space above and below that area, but does not include any area in the adjacent area for any other State.\n> > \n> > > (6) However, the adjacent area for a State does not include any area inside the limits of any State or Territory.\n\n> **15.   **Baselines****\n> \n> > > (1) The baseline for a State (other than Norfolk Island) 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.\n> > \n> > > (2) The baseline for Norfolk Island is the coastline of Norfolk Island at mean low water.","sortOrder":15},{"sectionNumber":"","sectionType":"section","heading":null,"content":"### \n\n[*\\[The  Substituted by No. 33 of 2023, s. 9, Applied:27 Nov 2023\\]*](/view/html/inforce/2023-11-27/act-2023-033#GS9@EN)\n\n[![graphic image](/image/CrimesAtSea Annexure.gif)](/image/CrimesAtSea Annexure.gif)","sortOrder":16}],"analysis":{"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act repeals the Crimes (Offences at Sea) Act 1979 (s.9) and replaces it with a cooperative scheme that applies State substantive criminal law offshore (inner and outer adjacent areas) and allocates enforcement responsibility by intergovernmental agreement (Schedule 1, cl.2, cl.5). It also adds procedural controls (publication requirement s.6), AG consent for prosecutions on foreign‑registered ships (Schedule 1, cl.7), and new regulatory and definitional arrangements for adjacent areas (Schedule 1, cl.12–15)."},"complexity_factors":["Multi‑jurisdictional allocation of criminal responsibility between Commonwealth and States via an intergovernmental agreement (Schedule 1, cl.5–6).","Dual application mechanism: State substantive law applies in inner adjacent areas by State law and in outer adjacent areas by Commonwealth law (Schedule 1, cl.2).","Separate rules for laws of criminal investigation, procedure and evidence that depend on which authority acts and where (Schedule 1, cl.3), with express primacy over inconsistent State/Commonwealth laws (cl.3(3)–(4)).","Attorney‑General discretion to consent to prosecutions involving foreign‑registered ships where the flag state has jurisdiction (Schedule 1, cl.7), including a stay power if consent refused (cl.7(4)).","Evidentiary presumption about locus of offence in adjacent areas that shifts evidentiary burdens (Schedule 1, cl.4).","Geographical and technical definitions (adjacent areas, baselines, continental shelf) that reference other Acts and maps, increasing interpretive complexity (Schedule 1, cl.13–15 and annexure).","Split regulation and administrative powers: Governor may make regulations for the Act but not for the cooperative scheme (s.7), while the Governor‑General may make regulations to give effect to the scheme and some regulations require State agreement (Schedule 1, cl.12).","Repeal of the earlier Crimes (Offences at Sea) Act 1979 (s.9), replacing a legacy framework and requiring transitional interpretation of enforcement scope."],"plain_english_summary":"This Act sets up a cooperative scheme for applying State criminal laws and criminal‑procedure rules to areas adjacent to Australia’s coasts, and creates an intergovernmental agreement to divide responsibility for investigating and prosecuting maritime offences. It affects Commonwealth and State authorities, courts, ship operators (Australian and foreign) and suspects by deciding which laws apply offshore, requiring publication of the agreement, and imposing Attorney‑General consent rules for prosecutions involving foreign‑registered ships."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of creating a cooperative scheme for applying criminal law at sea. The 2023 amendment (noted at the end) appears to be a technical update to the administration provisions (section 8) rather than a substantive expansion. The core scheme remains focused on the original geographic and jurisdictional framework established in 1999."},"complexity_factors":["Dual application mechanism: State law applies directly in inner adjacent areas but via Commonwealth law in outer adjacent areas (clause 2)","Complex jurisdictional rules determining whether Commonwealth or State procedural law applies depending on which authority investigates or prosecutes (clause 3)","Extensive defined terms: 17 defined terms in Schedule 1 alone, including nested definitions (e.g., 'Australian ship' has 3 sub-categories, 'area of administrative responsibility' has 3 components)","Geographic complexity: Adjacent areas are defined by reference to 3 separate Commonwealth Acts (Petroleum (Submerged Lands) Act 1967, Seas and Submerged Lands Act 1973, Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990) with different rules for each State/Territory","Conditional consent requirements: Clause 7 creates a multi-stage process for prosecuting foreign ship offences with 5 sub-clauses setting out when consent is needed, what can proceed without it, and consequences of refusal","Intergovernmental agreement mechanism: Creates parallel administrative framework (Part 3) that affects court jurisdiction but doesn't eliminate it (clause 6 creates complex interaction between agreement compliance and jurisdictional validity)","Exclusion clauses and savings provisions: Multiple exceptions including Area A of the Zone of Cooperation, regulations-excluded laws, and preservation of extraterritorial operation (clauses 8-10)","Evidentiary presumption with reverse onus: Clause 4 creates a presumption about location of offence that shifts burden of proof to defendant"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system for applying Australian criminal law to crimes committed at sea, in the waters surrounding Australia's coast. It replaces an older 1979 law and sets up what's called a \"cooperative scheme\" between the Commonwealth (federal government) and the States/Territories.\n\n**Who it affects:**\n\n- **People on ships** in Australian waters — both Australian ships and foreign ships\n- **Police and prosecutors** — who need to know which laws apply and which court should handle a case\n- **State and federal governments** — who must coordinate who handles which crimes at sea\n\n**How it works:**\n\nThe law divides the sea around Australia into zones:\n- **Inner adjacent area** — within 12 nautical miles of the coast (State law applies directly)\n- **Outer adjacent area** — beyond 12 nautical miles but on the continental shelf (State law applies via Commonwealth law)\n\n**Key features:**\n\n- **State criminal laws** (murder, theft, assault, etc.) automatically extend to these offshore areas\n- **Rules about which court** hears a case depend on whether police are from a State or the Commonwealth\n- **Special consent needed** from the Commonwealth Attorney-General to prosecute crimes committed on foreign ships (to avoid international incidents)\n- An **intergovernmental agreement** between federal and state ministers decides who has responsibility for which areas\n\n**Why it matters:**\n\nBefore this law, it was unclear which police could arrest you, which court would try you, or which state's laws applied if you committed a crime on a boat offshore. This law fixes that by creating a clear, coordinated system. It ensures criminals can't escape justice by claiming \"no man's land\" applies at sea, while respecting international law regarding foreign vessels."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act appears to remain consistent with its original intent: filling jurisdictional gaps in criminal law coverage for offences committed at sea off the Tasmanian coast, as part of the national cooperative scheme. No evidence of significant scope creep or fundamental change of purpose through amendments."},"complexity_factors":["Operates as part of a multi-jurisdictional cooperative legislative scheme involving all states, territories, and the Commonwealth — requires understanding of intergovernmental agreements","Jurisdictional layering: different legal rules apply depending on precisely how far offshore an incident occurs (coastal waters vs. adjacent areas vs. open sea)","Requires cross-referencing with Commonwealth Crimes at Sea Act 2000 and equivalent legislation in other states to fully understand the scheme","Constitutional complexity underpinning the scheme — the division of powers between state and federal governments over the sea is inherently technical","Limited stand-alone content in the Tasmanian Act itself — much of its meaning depends on external instruments and the cooperative scheme documents","Applies to a physical environment (the sea) where practical enforcement and jurisdictional boundaries are harder to determine than on land"],"plain_english_summary":"The Crimes at Sea Act 1999 extends Tasmanian criminal law to offences committed in coastal and adjacent waters and links into the Commonwealth scheme farther offshore. It ensures people on vessels, victims, offenders, and law enforcement have clear legal authority at sea.\n\nIn short: it plugs a jurisdictional gap so crimes just off Tasmania’s coast cannot escape prosecution."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-at-sea-act-1999","history":"/api/acts/crimes-at-sea-act-1999/history","analysis":"/api/acts/crimes-at-sea-act-1999/analysis","conflicts":"/api/acts/crimes-at-sea-act-1999/conflicts","importantCases":"/api/acts/crimes-at-sea-act-1999/important-cases","documents":"/api/acts/crimes-at-sea-act-1999/documents"}}