{"id":"qld:act-2001-019","name":"Crimes at Sea Act 2001","slug":"crimes-at-sea-act-2001","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"19 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":96721,"registerId":"qld-act-2001-019-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sch-sec.1","sectionType":"section","heading":"Definitions","content":"### sch-sec.1 Definitions\n\nIn this scheme—\nadjacent area for a State has the meaning given by clause 14 of this schedule.\nArea A of the Zone of Cooperation ...\nsch s 1 def Area A of the Zone of Cooperation om 2025 No. 20 s 4\nAustralian ship means—\na ship registered in Australia; or\na ship that operates, or is controlled, from a base in Australia and is not registered under the law of another country; or\na ship that belongs to an arm of the Defence Force.\nbaseline for a State has the meaning given by clause 15 of this schedule.\nforeign ship means a ship other than an Australian ship.\nindictable offence means an offence for which a charge may be laid by indictment or an equivalent process (whether that is the only, or an optional, way to lay a charge of the offence).\ninner adjacent area for a State means the parts of the adjacent area for the State that are—\non the landward side of the baseline for the State; and\non the seaward side, but within 12 nautical miles from, the baseline for the State.\nintergovernmental agreement means the agreement entered into under clause 5 of this schedule.\nlaw of criminal investigation, procedure and evidence means law (including unwritten law) about—\nthe investigation of offences (including coronial inquiry); or\nimmunity from prosecution and undertakings about the use of evidence; or\nthe arrest and custody of offenders or suspected offenders; or\nbail; or\nthe laying of charges; or\nthe capacity to plead to a charge, or to stand trial on a charge; or\nthe classification of offences as indictable or summary offences (and sub-classification within those classes); or\nprocedures for dealing with a charge of a summary offence; or\nprocedures for dealing with a charge of an indictable offence (including preliminary examination of the charge); or\nprocedures for sentencing offenders and the punishment of offenders; or\nthe hearing and determination of appeals in criminal proceedings; or\nthe rules of evidence; or\nother subjects declared by regulation to be within the ambit of the law of criminal investigation, procedure and evidence; or\nthe interpretation of laws of the kinds mentioned above.\nmaritime offence means an offence against a law that applies in the adjacent area for a State under this scheme.\noffence means an indictable or summary offence.\nouter 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.\nparticipating State Minister means a Minister responsible for administering a State Act that gives effect to this scheme.\nship means a vessel or boat of any description and includes—\na floating structure; and\na hovercraft or other similar craft.\nState includes the Northern Territory.\nsubstantive criminal law means law (including unwritten law)—\ncreating offences or imposing criminal liability for offences; or\ndealing with capacity to incur criminal liability; or\nproviding a defence or for reduction of the degree of criminal liability; or\nproviding for the confiscation of property used in, or derived from, the commission of an offence; or\nproviding 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\ndealing with other subjects declared by regulation to be within the ambit of the substantive criminal law of a State; or\nproviding for the interpretation of laws of the kinds mentioned above.\nsummary offence means any offence other than an indictable offence.\nThe 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 (Commonwealth) .\n(sch-sec.1-ssec.1) In this scheme— adjacent area for a State has the meaning given by clause 14 of this schedule. Area A of the Zone of Cooperation ... sch s 1 def Area A of the Zone of Cooperation om 2025 No. 20 s 4 Australian ship means— a ship registered in Australia; or a ship that operates, or is controlled, from a base in Australia and is not registered under the law of another country; or a ship that belongs to an arm of the Defence Force. baseline for a State has the meaning given by clause 15 of this schedule. foreign ship means a ship other than an Australian ship. indictable offence means an offence for which a charge may be laid by indictment or an equivalent process (whether that is the only, or an optional, way to lay a charge of the offence). inner adjacent area for a State means the parts of the adjacent area for the State that are— on the landward side of the baseline for the State; and on the seaward side, but within 12 nautical miles from, the baseline for the State. intergovernmental agreement means the agreement entered into under clause 5 of this schedule. law of criminal investigation, procedure and evidence means law (including unwritten law) about— the investigation of offences (including coronial inquiry); or immunity from prosecution and undertakings about the use of evidence; or the arrest and custody of offenders or suspected offenders; or bail; or the laying of charges; or the capacity to plead to a charge, or to stand trial on a charge; or the classification of offences as indictable or summary offences (and sub-classification within those classes); or procedures for dealing with a charge of a summary offence; or procedures for dealing with a charge of an indictable offence (including preliminary examination of the charge); or procedures for sentencing offenders and the punishment of offenders; or the hearing and determination of appeals in criminal proceedings; or the rules of evidence; or other subjects declared by regulation to be within the ambit of the law of criminal investigation, procedure and evidence; or the interpretation of laws of the kinds mentioned above. maritime offence means an offence against a law that applies in the adjacent area for a State under this scheme. offence means an indictable or summary offence. 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. participating State Minister means a Minister responsible for administering a State Act that gives effect to this scheme. ship means a vessel or boat of any description and includes— a floating structure; and a hovercraft or other similar craft. State includes the Northern Territory. substantive criminal law means law (including unwritten law)— creating offences or imposing criminal liability for offences; or dealing with capacity to incur criminal liability; or providing a defence or for reduction of the degree of criminal liability; or providing for the confiscation of property used in, or derived from, the commission of an offence; or 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 dealing with other subjects declared by regulation to be within the ambit of the substantive criminal law of a State; or providing for the interpretation of laws of the kinds mentioned above. summary offence means any offence other than an indictable offence.\n(sch-sec.1-ssec.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 (Commonwealth) .\n- (a) a ship registered in Australia; or\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- (c) a ship that belongs to an arm of the Defence Force.\n- (a) on the landward side of the baseline for the State; and\n- (b) on the seaward side, but within 12 nautical miles from, the baseline for the State.\n- (a) the investigation of offences (including coronial inquiry); or\n- (b) immunity from prosecution and undertakings about the use of evidence; or\n- (c) the arrest and custody of offenders or suspected offenders; or\n- (d) bail; or\n- (e) the laying of charges; or\n- (f) the capacity to plead to a charge, or to stand trial on a charge; or\n- (g) the classification of offences as indictable or summary offences (and sub-classification within those classes); or\n- (h) procedures for dealing with a charge of a summary offence; or\n- (i) procedures for dealing with a charge of an indictable offence (including preliminary examination of the charge); or\n- (j) procedures for sentencing offenders and the punishment of offenders; or\n- (k) the hearing and determination of appeals in criminal proceedings; or\n- (l) the rules of evidence; or\n- (m) other subjects declared by regulation to be within the ambit of the law of criminal investigation, procedure and evidence; or\n- (n) the interpretation of laws of the kinds mentioned above.\n- (a) a floating structure; and\n- (b) a hovercraft or other similar craft.\n- (a) creating offences or imposing criminal liability for offences; or\n- (b) dealing with capacity to incur criminal liability; or\n- (c) providing a defence or for reduction of the degree of criminal liability; or\n- (d) providing for the confiscation of property used in, or derived from, the commission of an offence; or\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- (f) dealing with other subjects declared by regulation to be within the ambit of the substantive criminal law of a State; or\n- (g) providing for the interpretation of laws of the kinds mentioned above.","sortOrder":1},{"sectionNumber":"sch-pt.2","sectionType":"part","heading":"Application of State criminal law to adjacent area","content":"# Application of State criminal law to adjacent area","sortOrder":2},{"sectionNumber":"sch-sec.2","sectionType":"section","heading":"Application of State criminal law in adjacent area","content":"### sch-sec.2 Application of State criminal law in adjacent area\n\nThe 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.\nThe 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.\nHowever, this clause does not—\napply 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\nA law making it an offence to drive a motor vehicle at a speed exceeding a prescribed limit on a road could not apply in an adjacent area because of the inherent localising elements of the offence. The scheme does not therefore purport to extend the application of such a law to the adjacent area.\ngive a legal effect to a provision of a substantive criminal law that the provision does not have within the area of the State.\nIf the effect of a provision of the substantive criminal law of a State is limited under section 109 of the Constitution within the area of the State, the effect is similarly limited in the outer adjacent area for the State even though the provision applies in the outer adjacent area under the legislative authority of the Commonwealth.\n(sch-sec.2-ssec.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(sch-sec.2-ssec.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(sch-sec.2-ssec.3) However, this clause does not— 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 A law making it an offence to drive a motor vehicle at a speed exceeding a prescribed limit on a road could not apply in an adjacent area because of the inherent localising elements of the offence. The scheme does not therefore purport to extend the application of such a law to the adjacent area. give a legal effect to a provision of a substantive criminal law that the provision does not have within the area of the State. If the effect of a provision of the substantive criminal law of a State is limited under section 109 of the Constitution within the area of the State, the effect is similarly limited in the outer adjacent area for the State even though the provision applies in the outer adjacent area under the legislative authority of the Commonwealth.\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 Example— A law making it an offence to drive a motor vehicle at a speed exceeding a prescribed limit on a road could not apply in an adjacent area because of the inherent localising elements of the offence. The scheme does not therefore purport to extend the application of such a law to the adjacent area.\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. Example— If the effect of a provision of the substantive criminal law of a State is limited under section 109 of the Constitution within the area of the State, the effect is similarly limited in the outer adjacent area for the State even though the provision applies in the outer adjacent area under the legislative authority of the Commonwealth.","sortOrder":3},{"sectionNumber":"sch-sec.3","sectionType":"section","heading":"Application of laws of criminal investigation, procedure and evidence","content":"### sch-sec.3 Application of laws of criminal investigation, procedure and evidence\n\nIn this clause—\nact includes an omission.\narea of administrative responsibility for a particular State is—\nthe area of the State; and\nthe inner adjacent area for the State; and\nother 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.\nauthority includes an agent or official.\nCommonwealth judicial proceeding means—\na judicial proceeding related to a maritime offence—\ninitiated by an authority of the Commonwealth; or\nfor the conduct of which an authority of the Commonwealth has assumed responsibility; or\na judicial proceeding about an investigation, procedure or act by an authority of the Commonwealth in relation to a maritime offence.\njudicial proceeding means—\na proceeding in a court (whether between parties or not) or a proceeding incidental to or connected with a proceeding in a court; or\nthe laying of a charge; or\nthe 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.\npreliminary 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 or trial.\nState judicial proceeding means—\na judicial proceeding related to a maritime offence—\ninitiated by an authority of a State; or\nfor the conduct of which an authority of a State has assumed responsibility; or\na judicial proceeding about an investigation, procedure or act by an authority of a State in relation to a maritime offence.\nThe laws of criminal investigation, procedure and evidence of the Commonwealth and the States apply to maritime offences as follows—\nthe law of the Commonwealth applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the Commonwealth; and\nthe 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; and\nin 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—\nthe maritime offence arises under the law of the State in which the proceeding was commenced or another State; or\nthe 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.\nSuppose that a person is charged by a State authority with a maritime offence on the assumption that the offence was committed in the inner adjacent area for the State but the court is satisfied in the course of the proceedings that the acts alleged against the defendant took place in the outer adjacent area for the State. In this case, the court could continue with the proceedings under the procedural laws of the State. However, the court could not (for example) convict the defendant on the basis of a majority verdict of a jury (because to do so would be contrary to the Commonwealth Constitution—see Cheatle v. The Queen ).\n(1993) 177 CLR 541\nSuppose that a person is charged by a State authority in a South Australian court with a maritime offence alleged to have been committed in the adjacent area for Western Australia. For the purposes of the proceedings, the offence would be classified as a major indictable, minor indictable or summary offence according to the South Australian rules and not by reference to its classification under the law of Western Australia or the Commonwealth.\nThis clause operates to the exclusion of any Commonwealth or State law that is inconsistent with it.\nA 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.\nThe Administrative Decisions (Judicial Review) Act 1977 (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 paragraph (b) of subclause (2).\n(sch-sec.3-ssec.1) In this clause— act includes an omission. area of administrative responsibility for a particular State is— the area of the State; and the inner adjacent area for the State; and 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. authority includes an agent or official. Commonwealth judicial proceeding means— a judicial proceeding related to a maritime offence— initiated by an authority of the Commonwealth; or for the conduct of which an authority of the Commonwealth has assumed responsibility; or a judicial proceeding about an investigation, procedure or act by an authority of the Commonwealth in relation to a maritime offence. judicial proceeding means— a proceeding in a court (whether between parties or not) or a proceeding incidental to or connected with a proceeding in a court; or the laying of a charge; or 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. 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 or trial. State judicial proceeding means— a judicial proceeding related to a maritime offence— initiated by an authority of a State; or for the conduct of which an authority of a State has assumed responsibility; or a judicial proceeding about an investigation, procedure or act by an authority of a State in relation to a maritime offence.\n(sch-sec.3-ssec.2) The laws of criminal investigation, procedure and evidence of the Commonwealth and the States apply to maritime offences as follows— the law of the Commonwealth applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the Commonwealth; and 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; and 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— the maritime offence arises under the law of the State in which the proceeding was commenced or another State; or 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. Suppose that a person is charged by a State authority with a maritime offence on the assumption that the offence was committed in the inner adjacent area for the State but the court is satisfied in the course of the proceedings that the acts alleged against the defendant took place in the outer adjacent area for the State. In this case, the court could continue with the proceedings under the procedural laws of the State. However, the court could not (for example) convict the defendant on the basis of a majority verdict of a jury (because to do so would be contrary to the Commonwealth Constitution—see Cheatle v. The Queen ). (1993) 177 CLR 541 Suppose that a person is charged by a State authority in a South Australian court with a maritime offence alleged to have been committed in the adjacent area for Western Australia. For the purposes of the proceedings, the offence would be classified as a major indictable, minor indictable or summary offence according to the South Australian rules and not by reference to its classification under the law of Western Australia or the Commonwealth.\n(sch-sec.3-ssec.3) This clause operates to the exclusion of any Commonwealth or State law that is inconsistent with it.\n(sch-sec.3-ssec.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(sch-sec.3-ssec.5) The Administrative Decisions (Judicial Review) Act 1977 (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 paragraph (b) of subclause (2).\n- (a) the area of the State; and\n- (b) the inner adjacent area for the State; and\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- (a) a judicial proceeding related to a maritime offence— (i) initiated by an authority of the Commonwealth; or (ii) for the conduct of which an authority of the Commonwealth has assumed responsibility; or\n- (i) initiated by an authority of the Commonwealth; or\n- (ii) for the conduct of which an authority of the Commonwealth has assumed responsibility; or\n- (b) a judicial proceeding about an investigation, procedure or act by an authority of the Commonwealth in relation to a maritime offence.\n- (i) initiated by an authority of the Commonwealth; or\n- (ii) for the conduct of which an authority of the Commonwealth has assumed responsibility; or\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- (b) the laying of a charge; or\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- (a) a judicial proceeding related to a maritime offence— (i) initiated by an authority of a State; or (ii) for the conduct of which an authority of a State has assumed responsibility; or\n- (i) initiated by an authority of a State; or\n- (ii) for the conduct of which an authority of a State has assumed responsibility; or\n- (b) a judicial proceeding about an investigation, procedure or act by an authority of a State in relation to a maritime offence.\n- (i) initiated by an authority of a State; or\n- (ii) for the conduct of which an authority of a State has assumed responsibility; or\n- (a) the law of the Commonwealth applies to investigations, procedures and acts (other than judicial proceedings) by authorities of the Commonwealth; and\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; and\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— (i) the maritime offence arises under the law of the State in which the proceeding was commenced or another State; or (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- (i) the maritime offence arises under the law of the State in which the proceeding was commenced or another State; or\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- (i) the maritime offence arises under the law of the State in which the proceeding was commenced or another State; or\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.","sortOrder":4},{"sectionNumber":"sch-sec.4","sectionType":"section","heading":"Evidentiary presumption about the locus of an offence","content":"### sch-sec.4 Evidentiary presumption about the locus of an offence\n\nIf, 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":5},{"sectionNumber":"sch-pt.3","sectionType":"part","heading":"The intergovernmental agreement","content":"# The intergovernmental agreement","sortOrder":6},{"sectionNumber":"sch-sec.5","sectionType":"section","heading":"Intergovernmental agreement","content":"### sch-sec.5 Intergovernmental agreement\n\nThe 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.\nThe intergovernmental agreement may provide for concurrent responsibility in specified parts of the adjacent area.\n(sch-sec.5-ssec.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(sch-sec.5-ssec.2) The intergovernmental agreement may provide for concurrent responsibility in specified parts of the adjacent area.","sortOrder":7},{"sectionNumber":"sch-sec.6","sectionType":"section","heading":"Effect of the agreement","content":"### sch-sec.6 Effect of the agreement\n\nA charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement.\nIf a charge of a maritime offence is brought in a court in contravention of subclause (1), the court must, on application by the Commonwealth Attorney-General, or a participating State Minister, permanently stay the proceedings in that court.\nHowever—\na contravention of subclause (1) does not affect a court’s jurisdiction; and\nif a charge of a maritime offence is brought in a court, the court will not (except on an application under subclause (2)) be concerned to enquire into whether the intergovernmental agreement has been complied with.\n(sch-sec.6-ssec.1) A charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement.\n(sch-sec.6-ssec.2) If a charge of a maritime offence is brought in a court in contravention of subclause (1), the court must, on application by the Commonwealth Attorney-General, or a participating State Minister, permanently stay the proceedings in that court.\n(sch-sec.6-ssec.3) However— a contravention of subclause (1) does not affect a court’s jurisdiction; and if a charge of a maritime offence is brought in a court, the court will not (except on an application under subclause (2)) be concerned to enquire into whether the intergovernmental agreement has been complied with.\n- (a) a contravention of subclause (1) does not affect a court’s jurisdiction; and\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)) be concerned to enquire into whether the intergovernmental agreement has been complied with.","sortOrder":8},{"sectionNumber":"sch-pt.4","sectionType":"part","heading":"Limitations and exclusions","content":"# Limitations and exclusions","sortOrder":9},{"sectionNumber":"sch-sec.7","sectionType":"section","heading":"Commonwealth Attorney-General’s consent required for certain prosecutions","content":"### sch-sec.7 Commonwealth Attorney-General’s consent required for certain prosecutions\n\nThe 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—\nthe offence is alleged to have been committed on or from a foreign ship; and\nthe ship is registered under the law of a country other than Australia; and\nthe country of registration has, under international law, jurisdiction over the alleged offence.\nBefore granting such a consent, the Commonwealth Attorney-General must take into account any views expressed by the government of the country of registration.\nEven though the Commonwealth Attorney-General has not granted such a consent, the absence of consent is not to prevent or delay—\nthe arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or\nthe laying of a charge against the suspected offender; or\nproceedings for the extradition to Australia of the suspected offender; or\nproceedings for remanding the suspected offender in custody or on bail.\nIf 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.\nIn 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 will be accepted, in the absence of proof to the contrary, as proof of such consent.\n(sch-sec.7-ssec.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— the offence is alleged to have been committed on or from a foreign ship; and the ship is registered under the law of a country other than Australia; and the country of registration has, under international law, jurisdiction over the alleged offence.\n(sch-sec.7-ssec.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(sch-sec.7-ssec.3) Even though the Commonwealth Attorney-General has not granted such a consent, the absence of consent is not to prevent or delay— the arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or the laying of a charge against the suspected offender; or proceedings for the extradition to Australia of the suspected offender; or proceedings for remanding the suspected offender in custody or on bail.\n(sch-sec.7-ssec.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(sch-sec.7-ssec.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 will be accepted, in the absence of proof to the contrary, as proof of such consent.\n- (a) the offence is alleged to have been committed on or from a foreign ship; and\n- (b) the ship is registered under the law of a country other than Australia; and\n- (c) the country of registration has, under international law, jurisdiction over the alleged offence.\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- (b) the laying of a charge against the suspected offender; or\n- (c) proceedings for the extradition to Australia of the suspected offender; or\n- (d) proceedings for remanding the suspected offender in custody or on bail.","sortOrder":10},{"sectionNumber":"sch-sec.8","sectionType":"section","heading":"Non-exclusion of consistent extraterritorial legislative schemes","content":"### sch-sec.8 Non-exclusion of consistent extraterritorial legislative schemes\n\nThis 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.","sortOrder":11},{"sectionNumber":"sch-sec.9","sectionType":"section","heading":"Exclusion of certain laws from ambit of this scheme","content":"### sch-sec.9 Exclusion of certain laws from ambit of this scheme\n\nThis scheme does not apply to State and Commonwealth laws excluded by regulation from the ambit of the scheme.","sortOrder":12},{"sectionNumber":"sch-sec.10","sectionType":"section","heading":null,"content":"### Section sch-sec.10\n\nsch s 10 om 2025 No. 20 s 5","sortOrder":13},{"sectionNumber":"sch-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":14},{"sectionNumber":"sch-sec.11","sectionType":"section","heading":"Interpretation","content":"### sch-sec.11 Interpretation\n\nThe Acts Interpretation Act 1901 (Commonwealth) applies to this scheme in the same way as to a Commonwealth Act.","sortOrder":15},{"sectionNumber":"sch-sec.12","sectionType":"section","heading":"Regulations","content":"### sch-sec.12 Regulations\n\nThe Governor-General may make regulations prescribing matters—\nrequired or permitted by this scheme to be prescribed; or\nnecessary or convenient to be prescribed for carrying out or giving effect to this scheme.\nHowever, 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.\n(sch-sec.12-ssec.1) The Governor-General may make regulations prescribing matters— required or permitted by this scheme to be prescribed; or necessary or convenient to be prescribed for carrying out or giving effect to this scheme.\n(sch-sec.12-ssec.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.\n- (a) required or permitted by this scheme to be prescribed; or\n- (b) necessary or convenient to be prescribed for carrying out or giving effect to this scheme.","sortOrder":16},{"sectionNumber":"sch-pt.6","sectionType":"part","heading":"Adjacent areas","content":"# Adjacent areas","sortOrder":17},{"sectionNumber":"sch-sec.13","sectionType":"section","heading":"Definitions","content":"### sch-sec.13 Definitions\n\nIn this part—\nbaseline 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 (Commonwealth) .\ncontinental shelf has the same meaning as in the Seas and Submerged Lands Act 1973 (Commonwealth) .\nterritorial sea has the same meaning as in the Seas and Submerged Lands Act 1973 (Commonwealth) .","sortOrder":18},{"sectionNumber":"sch-sec.14","sectionType":"section","heading":"Adjacent areas","content":"### sch-sec.14 Adjacent areas\n\nThe 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 (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.\nThe adjacent area for Queensland is—\nso much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Queensland as is within the outer limits of the continental shelf; and\nthe Coral Sea area (within the meaning of section 8 (2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) other than the territorial sea within the Coral Sea area; and\nthe 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 (Commonwealth) ; and\nthe space above and below the areas described in paragraphs (a), (b) and (c).\nThe adjacent area for Western Australia is—\nso much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Western Australia as is within the outer limits of the continental shelf; and\nthe space above and below the area described in paragraph (a) .\nThe adjacent area for the Northern Territory is—\nso much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to the Northern Territory as is within the outer limits of the continental shelf; and\nthe adjacent 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 (Commonwealth) ) other than the territorial sea within that area; and\nthe space above and below the areas described in paragraphs (a) and (b).\nHowever, the adjacent area for a State does not include any area inside the limits of any State or Territory.\nsch s 14 amd 2025 No. 20 s 6\n(sch-sec.14-ssec.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 (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(sch-sec.14-ssec.2) The adjacent area for Queensland is— so much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Queensland as is within the outer limits of the continental shelf; and the Coral Sea area (within the meaning of section 8 (2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) other than the territorial sea within the Coral Sea area; and 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 (Commonwealth) ; and the space above and below the areas described in paragraphs (a), (b) and (c).\n(sch-sec.14-ssec.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 (Commonwealth) in relation to Western Australia as is within the outer limits of the continental shelf; and the space above and below the area described in paragraph (a) .\n(sch-sec.14-ssec.4) The adjacent area for the Northern Territory is— so much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to the Northern Territory as is within the outer limits of the continental shelf; and the adjacent 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 (Commonwealth) ) other than the territorial sea within that area; and the space above and below the areas described in paragraphs (a) and (b).\n(sch-sec.14-ssec.5) However, the adjacent area for a State does not include any area inside the limits of any State or Territory.\n- (a) so much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Queensland as is within the outer limits of the continental shelf; and\n- (b) the Coral Sea area (within the meaning of section 8 (2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) other than the territorial sea within the Coral Sea area; and\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 (Commonwealth) ; and\n- (d) the space above and below the areas described in paragraphs (a), (b) and (c).\n- (a) so much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to Western Australia as is within the outer limits of the continental shelf; and\n- (b) the space above and below the area described in paragraph (a) .\n- (a) so much of the area described in schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth) in relation to the Northern Territory as is within the outer limits of the continental shelf; and\n- (b) the adjacent 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 (Commonwealth) ) other than the territorial sea within that area; and\n- (c) the space above and below the areas described in paragraphs (a) and (b).","sortOrder":19},{"sectionNumber":"sch-sec.15","sectionType":"section","heading":"Baselines","content":"### sch-sec.15 Baselines\n\nThe 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":20},{"sectionNumber":"sch-sec.16","sectionType":"section","heading":"Indicative map","content":"### sch-sec.16 Indicative map\n\nA map showing the various areas that are relevant to this scheme appears in Appendix 1 to this scheme.\nThe 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.\n(sch-sec.16-ssec.1) A map showing the various areas that are relevant to this scheme appears in Appendix 1 to this scheme.\n(sch-sec.16-ssec.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":21}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The scheme shows evidence of scope reduction since its original enactment. Two provisions have been omitted by 2025 amendments (the definition of 'Area A of the Zone of Cooperation' and section 10), suggesting the original scheme extended to a specific international maritime cooperation zone — likely the Timor Sea Zone of Cooperation with Indonesia (now superseded by the 2019 Timor Sea Treaty arrangements). The removal of these provisions narrows the geographic and international scope of the scheme, focusing it on purely domestic adjacent areas rather than jointly-administered international zones."},"complexity_factors":["Operates as a cooperative federal-State legislative scheme requiring simultaneous action across multiple jurisdictions (Commonwealth plus all States and the Northern Territory)","Dual-layer geographic framework (inner vs outer adjacent area) with different constitutional and legislative bases for each layer","Cross-references to multiple other Acts including the Offshore Petroleum and Greenhouse Gas Storage Act 2006, Seas and Submerged Lands Act 1973, Judiciary Act 1903, and Administrative Decisions (Judicial Review) Act 1977","Complex interplay between State substantive criminal law and Commonwealth/State procedural law depending on who initiates proceedings","Constitutional constraints embedded throughout (including direct references to s.109 of the Constitution and the Cheatle v The Queen jury unanimity rule)","Intergovernmental agreement mechanism creates a non-statutory layer of obligation that courts must respect but cannot independently scrutinise","Special international law regime for foreign-registered ships adding a sovereign immunity and diplomatic dimension","Geographic definitions are themselves cross-referenced to other complex legislation (Offshore Petroleum Act) and historical proclamations","Evidentiary presumption rule (clause 4) creates a procedural reversal of onus that interacts with constitutional rights","Regulation-making power allows the scheme's scope to be altered without primary legislation, creating a moving boundary"],"plain_english_summary":"The Crimes at Sea Act 2001 creates a national scheme so State criminal laws and prosecutions can apply to offences committed on vessels in waters off Australia’s coast, closing jurisdictional gaps beyond the shoreline. It allocates which State’s laws and enforcement apply, lets governments agree who polices different offshore areas, and includes special steps before prosecuting offences on foreign‑registered ships. It affects vessel occupants, police, prosecutors, courts and foreign ship operators."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sch-sec.1 (inner adjacent area definition)","severity":"high","reasoning":"A baseline is a line. 'Landward side' and 'seaward side' are opposite sides of the same line. A point cannot occupy both sides simultaneously. If the drafters intended these as alternative limbs they should have used 'or', but even then the landward side of the baseline is generally within State territory already, raising the question of what the inner adjacent area actually adds. This appears to be a drafting error that creates a definitionally impossible geographic zone.","confidence":0.85,"description":"The definition of 'inner adjacent area' is internally self-contradictory: it includes areas BOTH 'on the landward side of the baseline' AND 'on the seaward side, but within 12 nautical miles from, the baseline.' These two geographic zones are mutually exclusive — a point cannot simultaneously be landward and seaward of the baseline. The conjunctive 'and' makes this definition describe an impossible spatial area."},{"type":"circular_definition","section":"sch-sec.1 (offence / indictable offence / summary offence definitions)","severity":"low","reasoning":"The residual definition of 'summary offence' as anything not indictable creates an exhaustive binary that may not reflect legislative reality. Any procedurally ambiguous offence defaults to 'summary' by operation of the definition. This is a common legislative technique but creates logical oddities when novel offence types arise.","confidence":0.65,"description":"The definitions form a circular trilogy: 'offence' is defined as 'an indictable or summary offence'; 'indictable offence' is defined functionally; and 'summary offence' is defined as 'any offence other than an indictable offence.' The definition of 'offence' therefore depends on 'summary offence,' which depends on 'indictable offence,' which depends on an external procedural fact (whether a charge may be laid by indictment). While not fully circular, 'summary offence' is defined purely negatively and parasitically — it has no independent content, meaning any novel offence type that cannot be laid by indictment but also cannot be laid by any other process would be a 'summary offence' by default, regardless of legislative intent."},{"type":"self_contradicting","section":"sch-sec.6 (subclauses 1, 2 and 3)","severity":"medium","reasoning":"A mandatory prohibition ('must not') that produces no automatic legal consequence and that courts are expressly directed to ignore is functionally an aspirational statement rather than a legal rule. The only remedy is a stay on ministerial application, meaning the very parties who control the agreement control the remedy. A defendant has no standing to raise the violation directly.","confidence":0.8,"description":"Subclause 6(1) prohibits bringing a charge contrary to the intergovernmental agreement. Subclause 6(3)(b) states that a court will not enquire whether the agreement has been complied with (except on application under subclause 2). Subclause 6(3)(a) says a contravention does not affect jurisdiction. Combined effect: charges can be brought in violation of a binding prohibition, courts are instructed to ignore the violation, and jurisdiction is unaffected. The prohibition in 6(1) is therefore practically unenforceable except on ministerial initiative, rendering the 'must not' language of 6(1) largely illusory as a legal constraint on the charging authority."},{"type":"impossible_compliance","section":"sch-sec.7 (subclauses 3 and 4)","severity":"high","reasoning":"The liberty implications are significant. A person can be arrested, extradited to Australia, and remanded in custody for an offence that the Attorney-General then refuses to consent to prosecute, resulting in a permanent stay. There is no mechanism in the scheme for compensation or remedy in such circumstances. The scheme contemplates this outcome without addressing its human rights consequences.","confidence":0.88,"description":"Subclause 7(3) expressly permits the laying of a charge against a suspected offender even without the Attorney-General's consent. Subclause 7(4) then requires the court to permanently stay proceedings if consent is declined. The combined effect is that a person can be lawfully charged, remanded in custody or on bail, and subjected to extradition proceedings — all before consent is obtained — only to have proceedings permanently stayed if consent is declined. This creates a scheme where a person may be deprived of liberty through arrest, remand, and extradition processes in respect of proceedings that may never lawfully proceed to hearing."},{"type":"impossible_compliance","section":"sch-sec.3 (subclause 2(b) and area of administrative responsibility definition)","severity":"medium","reasoning":"The operational effectiveness of the entire procedural law framework in the outer adjacent area depends on an intergovernmental agreement that the parties are merely permitted, not required, to enter. If no agreement exists, the third limb of the 'area of administrative responsibility' definition is empty, and State procedural law has no defined scope of operation beyond the State area and inner adjacent area.","confidence":0.75,"description":"The 'area of administrative responsibility' for a State includes 'other parts of the adjacent area in which the State has, under the intergovernmental agreement, responsibility.' However, the intergovernmental agreement is entered into under clause 5, which is permissive ('may enter into'). If no intergovernmental agreement exists, the 'area of administrative responsibility' definition is only partially operative. The law of a State under clause 3(2)(b) applies to acts 'within the area of administrative responsibility for the relevant State,' but the boundaries of that area are indeterminate without the agreement. This creates a legal void if no agreement has been concluded."},{"type":"self_contradicting","section":"sch-sec.3 (subclause 3 and 4)","severity":"medium","reasoning":"Parliamentary sovereignty means a later Act impliedly repeals an earlier inconsistent Act. Subclause 3(3) attempts to reverse this by requiring express override. This is a common drafting technique of doubtful constitutional efficacy, but it creates an internal logical tension: the scheme simultaneously claims to exclude inconsistent laws while acknowledging (in subclause 4) that express override is possible, implying that implied repeal is not.","confidence":0.7,"description":"Subclause 3(3) states that clause 3 operates 'to the exclusion of any Commonwealth or State law that is inconsistent with it.' Subclause 3(4) then states that a Commonwealth or State law enacted after commencement is 'to be construed as having effect subject to this clause, unless the law expressly overrides this clause.' This creates an absurdity: a later Commonwealth law that expressly overrides clause 3 is valid, but a later Commonwealth law that is merely inconsistent with clause 3 is excluded by clause 3 — yet the Commonwealth Parliament cannot be constrained by a prior Commonwealth Act from enacting inconsistent legislation. The 'exclusion' in subclause 3 purports to bind future Parliaments, which it cannot constitutionally do, yet subclause 4 carves out an 'express override' exception that acknowledges this limitation only partially."},{"type":"other","section":"sch-sec.14 (subclause 5)","severity":"low","reasoning":"The adjacent area for the NT incorporates a sub-area defined by reference to a separate Territory that has no direct role in the scheme. The boundaries of the NT's adjacent area therefore depend on definitions located in another Act (Offshore Petroleum and Greenhouse Gas Storage Act) pertaining to a non-participant entity. This is a drafting dependency rather than a logical flaw, but it does create an interpretive gap if that external definition changes.","confidence":0.6,"description":"The adjacent area for the Northern Territory is defined partly by reference to the 'adjacent area for the Territory of Ashmore and Cartier Islands.' However, the scheme defines 'State' to include the Northern Territory but does not include other Territories such as Ashmore and Cartier Islands in the definition of 'State.' The scheme therefore incorporates a geographic area (the Ashmore and Cartier Islands adjacent area) defined by reference to a Territory that is not a participant in the scheme's State-based framework, creating a definitional dependency on an external and non-participant entity."}],"contradictions":[{"severity":"high","section_a":"sch-sec.6(1)","section_b":"sch-sec.6(3)(b)","confidence":0.85,"description":"Section 6(1) imposes a mandatory prohibition: a charge 'must not' be brought contrary to the intergovernmental agreement. Section 6(3)(b) then directs that courts will not enquire whether the agreement has been complied with (absent a ministerial application). These provisions directly contradict each other: one creates a binding legal obligation on charging authorities; the other instructs the very institution that would enforce the obligation to ignore it. The prohibition is rendered self-defeating by the non-enquiry rule."},{"severity":"medium","section_a":"sch-sec.2(1) and (2)","section_b":"sch-sec.3(2)(c)","confidence":0.78,"description":"Sections 2(1) and 2(2) apply State substantive criminal law in the adjacent areas under State and Commonwealth legislative authority respectively. Section 3(2)(c) then applies the procedural law of the State 'in which the proceeding was commenced' regardless of which State's substantive law applies. This means a person can be tried under Western Australian substantive criminal law in a South Australian court applying South Australian procedural law — as expressly contemplated by the example in clause 3. While perhaps intentional, this creates a structural contradiction where the law creating the offence and the law governing the trial are from entirely different jurisdictions with potentially incompatible classifications, defences, and procedural requirements."},{"severity":"medium","section_a":"sch-sec.7(1)","section_b":"sch-sec.7(3)(b)","confidence":0.82,"description":"Section 7(1) requires the Attorney-General's written consent before a charge can 'proceed to hearing or determination.' Section 7(3)(b) explicitly permits the laying of a charge without consent. This creates a contradiction: a charge can validly be laid (s7(3)(b)) for an offence that cannot lawfully proceed (s7(1)), meaning the charge is legally valid but immediately non-actionable. The scheme does not address what legal status a charge has that is laid without consent and before consent is sought or granted."},{"severity":"low","section_a":"sch-sec.3(3)","section_b":"sch-sec.3(4)","confidence":0.7,"description":"Subclause 3(3) states clause 3 operates to the exclusion of any inconsistent Commonwealth or State law. Subclause 3(4) states that a later law is to be construed as subject to clause 3 'unless the law expressly overrides this clause.' This creates a contradiction: subclause 3(3) suggests automatic exclusion of inconsistent laws regardless of when enacted, while subclause 3(4) implicitly acknowledges that later laws can override clause 3 if they do so expressly — meaning clause 3 does not truly 'exclude' all inconsistent laws but only those that are inconsistently silent on the override question."},{"severity":"medium","section_a":"sch-sec.1 (maritime offence definition)","section_b":"sch-sec.1 (inner adjacent area definition)","confidence":0.72,"description":"A 'maritime offence' is defined as an offence against a law applying in the 'adjacent area' for a State. The 'inner adjacent area' definition includes areas on the landward side of the baseline, which are generally within existing State territory. State criminal law already applies in State territory without the scheme. If the inner adjacent area includes areas already within State territory, the scheme redundantly applies State law to areas where State law already applies, and offences committed in those areas would be both 'maritime offences' under the scheme and ordinary State offences, creating potential dual classification with different procedural consequences."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The supplied text records amendments and omissions (e.g. notes that definitions and schedule items were omitted or amended in 2025: sch s 1 def Area A omitted 2025 No. 20 s 4; sch s 10 omitted 2025 No. 20 s 5; sch s 14 amended 2025 No. 20 s 6). Those changes alter the geographic definitions and some schedule provisions, thereby changing the scheme's coverage of adjacent areas and related application rules compared with the pre‑amendment text (see sch-sec.1, sch-sec.14 and amendment notes)."},"complexity_factors":["Dual regime for adjacent areas: inner area operated by State law; outer area operated via Commonwealth application of State substantive law (sch-sec.2).","Separation of substantive law from procedural/investigative law and allocation based on which authority acts, with different rules in Commonwealth vs State judicial proceedings (sch-sec.3).","Intergovernmental agreement can allocate exclusive or concurrent enforcement responsibility and can trigger court stays for non‑compliance (sch-sec.5, sch-sec.6).","Consent requirement for prosecutions on foreign‑flagged ships where the flag state has jurisdiction, including consultation with that government (sch-sec.7).","Evidentiary presumption that locus allegations in charging documents are proved absent contrary proof (sch-sec.4), shifting burdens in prosecutions.","Regulatory and discretional powers: Governor‑General may make regulations, but regulations affecting inner adjacent areas require State Minister agreement (sch-sec.12).","Geographic complexity: adjacent areas defined by reference to other Commonwealth Acts and maps intended to be indicative only (sch-sec.14, sch-sec.16).","Constitutional interactions and limits preserved (section 109 constraints noted in sch-sec.2 and sch-sec.3), creating potential for legal argument on limits of application.","Provisions permitting exclusion or amendment of parts of the scheme by regulation and of State laws by regulation (sch-sec.9, sch-sec.12), adding implementation variability."],"plain_english_summary":"This schedule extends State criminal law into offshore “adjacent areas”: the inner adjacent area is applied by State law and the outer adjacent area is given effect by the Commonwealth applying State substantive law. Investigative and procedural rules depend on whether a Commonwealth or State authority acts. The scheme permits an intergovernmental agreement to divide enforcement responsibility, requires Commonwealth Attorney‑General consent to prosecute offences on foreign‑flagged ships, and creates an evidentiary presumption about where an alleged maritime offence occurred. It affects State and Commonwealth agencies, ships and persons accused of maritime offences."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of creating a cooperative scheme for applying criminal law to offshore areas. The 2025 amendments (noted in the text regarding omission of 'Area A of the Zone of Cooperation' and section 10) suggest refinement rather than scope expansion. The core framework remains focused on the adjacent areas and the division of responsibility between Commonwealth and States."},"complexity_factors":["Multiple overlapping jurisdictional layers (inner vs outer adjacent areas, State vs Commonwealth application)","Extensive cross-referencing to other Acts (Offshore Petroleum and Greenhouse Gas Storage Act 2006, Seas and Submerged Lands Act 1973, Judiciary Act 1903)","Complex defined terms including 'substantive criminal law' and 'law of criminal investigation, procedure and evidence' with multi-part definitions","Conditional application of laws based on geography (baseline measurements, 12 nautical mile limits, continental shelf boundaries)","Sophisticated conflict of laws provisions determining which procedural law applies depending on which authority initiates proceedings","Intergovernmental agreement mechanism creating variable administrative boundaries","Constitutional limitations (section 109) integrated into the scheme","Evidentiary presumptions and specific procedural requirements (Attorney-General consent for foreign ships)","Different rules for different States (Queensland, Northern Territory have special geographic inclusions like Coral Sea area and Ashmore and Cartier Islands)"],"plain_english_summary":"This legislation creates a cooperative scheme between the Commonwealth and Australian States/Territories to apply criminal law to offences committed at sea, specifically in offshore areas adjacent to each State.\n\n**What it does:**\n- **Extends State criminal laws** to cover maritime areas beyond the coastline but within Australia's jurisdiction (called \"adjacent areas\")\n- **Divides these areas into two zones:**\n  - **Inner adjacent area** (within 12 nautical miles of the coast): State criminal law applies directly by force of State law\n  - **Outer adjacent area** (beyond 12 nautical miles to the edge of the continental shelf): State criminal law applies by force of Commonwealth law\n- **Sets rules for which procedural laws apply** when investigating and prosecuting maritime offences, depending on whether Commonwealth or State authorities are handling the case\n- **Requires an intergovernmental agreement** between the Commonwealth Attorney-General and State Ministers to divide responsibility for enforcing these laws\n- **Protects foreign ships** by requiring Commonwealth Attorney-General consent before prosecuting offences committed on foreign-registered vessels (where the flag country has jurisdiction)\n\n**Who it affects:**\n- People on ships in Australian offshore waters (Australian and foreign vessels)\n- State and Commonwealth police and prosecutors handling crimes at sea\n- Foreign governments whose ships are in Australian waters\n\n**Why it matters:**\nBefore this scheme, there was uncertainty about which laws applied to crimes committed offshore (like assaults, drug trafficking, or theft on ships). This creates a clear framework so offenders can be prosecuted using familiar State criminal laws, while respecting international law regarding foreign vessels and coordinating between State and Commonwealth authorities."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-at-sea-act-2001","history":"/api/acts/crimes-at-sea-act-2001/history","analysis":"/api/acts/crimes-at-sea-act-2001/analysis","conflicts":"/api/acts/crimes-at-sea-act-2001/conflicts","importantCases":"/api/acts/crimes-at-sea-act-2001/important-cases","documents":"/api/acts/crimes-at-sea-act-2001/documents"}}