{"id":"C2004A04464","name":"Crimes (Ships and Fixed Platforms) Act 1992","slug":"crimes-ships-and-fixed-platforms-act-1992","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"173 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":26880,"registerId":"commonwealth-C2004A04464-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992.\n\n#### 2 Commencement\n\n  (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.\n  (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.\n  (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australian ship has the same meaning as in the Shipping Registration Act 1981.\n\n> Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1.\n\n> Convention State means a State Party to the Convention, but does not include Australia.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> foreign country means a place outside Australia that is:\n\n    (a) an independent sovereign state; or\n    (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state.\n\n> international voyage means a voyage that passes, or is scheduled to pass:\n\n    (a) through seas beyond the territorial sea of any state; or\n    (b) through the territorial seas of more than one state.\n\n> private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state.\n\n> Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2.\n\n> Protocol State means a State Party to the Protocol, but does not include Australia.\n\n> ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up.\n\n  (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force.\n\n#### 4 Act extends to external Territories\n\n  This Act extends to all external Territories.\n\n#### 5 Extraterritorial application\n\n  This Act extends, unless the contrary intention appears:\n    (a) to acts, matters and things outside Australia; and\n    (b) to all persons, whatever their nationality or citizenship.\n\n#### 5A Application of the Criminal Code\n\n  (1) Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.\n  (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28.\n\n#### 6 Effect of this Act on other laws\n\n  (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.\n\n#### 7 Convictions under foreign laws\n\n  If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct.\n\n## Part 2—Provisions relating to the Convention\n\n### Division 1—Offences in relation to ships\n\n#### 8 Seizing a ship\n\n  A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 9 Acts of violence\n\n  A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 10 Destroying or damaging a ship\n\n  (1) A person must not engage in conduct that causes the destruction of a private ship.\n\nPenalty: Life imprisonment.\n\n  (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship.\n\nPenalty: Life imprisonment.\n\n#### 11 Placing destructive devices on a ship\n\n  (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship.\n  (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 12 Destroying or damaging navigational facilities\n\n  A person must not engage in conduct that causes:\n    (a) the destruction of maritime navigational facilities; or\n    (b) serious damage to such facilities; or\n    (c) serious interference with the operation of such facilities;\n  if the destruction, damage or interference is likely to endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 13 Giving false information\n\n  A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 14 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 15 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 16 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 17 Threatening to endanger a ship\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 18 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed:\n    (a) the ship concerned was:\n    (i) on, or scheduled to engage in, an international voyage; or\n    (ii) in the territorial sea or internal waters of a foreign country; and\n    (b) the alleged offence had an Australian element or a Convention State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Division had an Australian element if:\n    (a) the ship concerned was an Australian ship; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied:\n    (a) the ship concerned was a ship flying the flag of a Convention State;\n    (b) the ship concerned was in the territorial sea or internal waters of a Convention State;\n    (c) the alleged offender was a national of a Convention State;\n    (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention;\n    (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention;\n    (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention.\n  (5) In this section:\n\n> offence against this Division includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n### Division 2—Powers of ship’s master\n\n#### 19 Arrest of offenders etc.\n\n  (1) A ship’s master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master may hold an alleged offender in custody only until he or she can deliver the alleged offender to:\n    (a) the appropriate authorities of any Convention State; or\n    (b) another appropriate authority.\n\n#### 20 Ship’s master may deliver alleged offenders to Convention State\n\n  (1) A ship’s master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State:\n    (a) of his or her intention to deliver the person to the authorities; and\n    (b) of his or her reasons for intending to do so.\n  (3) A notification under subsection (2) must be given:\n    (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or\n    (b) in any other case‑as soon as is reasonably practicable.\n  (4) If a ship’s master delivers a person under subsection (1), he or she must:\n    (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and\n    (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master’s possession.\n  (5) A ship’s master who fails to comply with subsection (3) or (4) commits an offence.\n\nPenalty: 20 penalty units.\n\n  (5A) Subsection (5) does not apply if the ship’s master has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).\n\n  (6) In this section:\n\n> offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n> ship’s master means the master of an Australian ship.\n\n## Part 3—Provisions relating to the Protocol\n\n#### 21 Seizing control of a fixed platform\n\n  A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 22 Acts of violence\n\n  A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform.\n\nPenalty: 15 years imprisonment.\n\n#### 23 Destroying or damaging a fixed platform\n\n  A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety.\n\nPenalty: Life imprisonment.\n\n#### 24 Placing destructive devices on a fixed platform\n\n  A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety.\n\nPenalty: 15 years imprisonment.\n\n#### 25 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 26 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 27 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 28 Threatening to endanger a fixed platform\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 29 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed:\n    (a) the platform concerned was beyond the Australian territorial sea; and\n    (b) the alleged offence had an Australian element or a Protocol State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Part had an Australian element if:\n    (a) the fixed platform concerned was on the Australian continental shelf; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied:\n    (a) the fixed platform concerned was on the continental shelf of a Protocol State;\n    (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State;\n    (c) the alleged offender was a national of a Protocol State;\n    (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol;\n    (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol;\n    (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol.\n  (5) In this section:\n\n> offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27.\n\n## Part 4—Miscellaneous\n\n#### 30 Written consent of Attorney‑General required\n\n  (1) A prosecution for an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent.\n  (2) Despite subsection (1):\n    (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and\n    (b) a person may be charged with an offence against this Act; and\n    (c) a person so charged may be remanded in custody or on bail;\n  but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given.\n  (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.\n\n#### 31 No prosecution except on indictment\n\n  Despite section 4J of the Crimes Act 1914, an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be tried except on indictment.\n\n#### 32 Evidence of certain matters\n\n  A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following:\n    (a) that a specified State was, at specified times, a Convention or Protocol State;\n    (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol;\n    (c) that specified waters were, at a specified time:\n    (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or\n    (ii) beyond the territorial sea of Australia and of any foreign country;\n  is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.\n\n#### 33 Section 38 of the Judiciary Act\n\n  A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.\n  (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.\n  (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australian ship has the same meaning as in the Shipping Registration Act 1981.\n\n> Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1.\n\n> Convention State means a State Party to the Convention, but does not include Australia.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> foreign country means a place outside Australia that is:\n\n    (a) an independent sovereign state; or\n    (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state.\n\n> international voyage means a voyage that passes, or is scheduled to pass:\n\n    (a) through seas beyond the territorial sea of any state; or\n    (b) through the territorial seas of more than one state.\n\n> private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state.\n\n> Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2.\n\n> Protocol State means a State Party to the Protocol, but does not include Australia.\n\n> ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up.\n\n  (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Act extends to external Territories","content":"#### 4 Act extends to external Territories\n\n  This Act extends to all external Territories.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Extraterritorial application","content":"#### 5 Extraterritorial application\n\n  This Act extends, unless the contrary intention appears:\n    (a) to acts, matters and things outside Australia; and\n    (b) to all persons, whatever their nationality or citizenship.","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  (1) Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.\n  (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Effect of this Act on other laws","content":"#### 6 Effect of this Act on other laws\n\n  (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Convictions under foreign laws","content":"#### 7 Convictions under foreign laws\n\n  If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct.","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Provisions relating to the Convention","content":"An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992.\n\n#### 2 Commencement\n\n  (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.\n  (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.\n  (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australian ship has the same meaning as in the Shipping Registration Act 1981.\n\n> Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1.\n\n> Convention State means a State Party to the Convention, but does not include Australia.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> foreign country means a place outside Australia that is:\n\n    (a) an independent sovereign state; or\n    (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state.\n\n> international voyage means a voyage that passes, or is scheduled to pass:\n\n    (a) through seas beyond the territorial sea of any state; or\n    (b) through the territorial seas of more than one state.\n\n> private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state.\n\n> Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2.\n\n> Protocol State means a State Party to the Protocol, but does not include Australia.\n\n> ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up.\n\n  (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force.\n\n#### 4 Act extends to external Territories\n\n  This Act extends to all external Territories.\n\n#### 5 Extraterritorial application\n\n  This Act extends, unless the contrary intention appears:\n    (a) to acts, matters and things outside Australia; and\n    (b) to all persons, whatever their nationality or citizenship.\n\n#### 5A Application of the Criminal Code\n\n  (1) Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.\n  (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28.\n\n#### 6 Effect of this Act on other laws\n\n  (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.\n\n#### 7 Convictions under foreign laws\n\n  If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct.\n\n## Part 2—Provisions relating to the Convention\n\n### Division 1—Offences in relation to ships\n\n#### 8 Seizing a ship\n\n  A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 9 Acts of violence\n\n  A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 10 Destroying or damaging a ship\n\n  (1) A person must not engage in conduct that causes the destruction of a private ship.\n\nPenalty: Life imprisonment.\n\n  (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship.\n\nPenalty: Life imprisonment.\n\n#### 11 Placing destructive devices on a ship\n\n  (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship.\n  (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 12 Destroying or damaging navigational facilities\n\n  A person must not engage in conduct that causes:\n    (a) the destruction of maritime navigational facilities; or\n    (b) serious damage to such facilities; or\n    (c) serious interference with the operation of such facilities;\n  if the destruction, damage or interference is likely to endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 13 Giving false information\n\n  A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 14 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 15 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 16 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 17 Threatening to endanger a ship\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 18 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed:\n    (a) the ship concerned was:\n    (i) on, or scheduled to engage in, an international voyage; or\n    (ii) in the territorial sea or internal waters of a foreign country; and\n    (b) the alleged offence had an Australian element or a Convention State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Division had an Australian element if:\n    (a) the ship concerned was an Australian ship; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied:\n    (a) the ship concerned was a ship flying the flag of a Convention State;\n    (b) the ship concerned was in the territorial sea or internal waters of a Convention State;\n    (c) the alleged offender was a national of a Convention State;\n    (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention;\n    (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention;\n    (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention.\n  (5) In this section:\n\n> offence against this Division includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n### Division 2—Powers of ship’s master\n\n#### 19 Arrest of offenders etc.\n\n  (1) A ship’s master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master may hold an alleged offender in custody only until he or she can deliver the alleged offender to:\n    (a) the appropriate authorities of any Convention State; or\n    (b) another appropriate authority.\n\n#### 20 Ship’s master may deliver alleged offenders to Convention State\n\n  (1) A ship’s master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State:\n    (a) of his or her intention to deliver the person to the authorities; and\n    (b) of his or her reasons for intending to do so.\n  (3) A notification under subsection (2) must be given:\n    (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or\n    (b) in any other case‑as soon as is reasonably practicable.\n  (4) If a ship’s master delivers a person under subsection (1), he or she must:\n    (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and\n    (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master’s possession.\n  (5) A ship’s master who fails to comply with subsection (3) or (4) commits an offence.\n\nPenalty: 20 penalty units.\n\n  (5A) Subsection (5) does not apply if the ship’s master has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).\n\n  (6) In this section:\n\n> offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n> ship’s master means the master of an Australian ship.\n\n## Part 3—Provisions relating to the Protocol\n\n#### 21 Seizing control of a fixed platform\n\n  A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 22 Acts of violence\n\n  A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform.\n\nPenalty: 15 years imprisonment.\n\n#### 23 Destroying or damaging a fixed platform\n\n  A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety.\n\nPenalty: Life imprisonment.\n\n#### 24 Placing destructive devices on a fixed platform\n\n  A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety.\n\nPenalty: 15 years imprisonment.\n\n#### 25 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 26 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 27 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 28 Threatening to endanger a fixed platform\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 29 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed:\n    (a) the platform concerned was beyond the Australian territorial sea; and\n    (b) the alleged offence had an Australian element or a Protocol State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Part had an Australian element if:\n    (a) the fixed platform concerned was on the Australian continental shelf; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied:\n    (a) the fixed platform concerned was on the continental shelf of a Protocol State;\n    (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State;\n    (c) the alleged offender was a national of a Protocol State;\n    (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol;\n    (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol;\n    (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol.\n  (5) In this section:\n\n> offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27.\n\n## Part 4—Miscellaneous\n\n#### 30 Written consent of Attorney‑General required\n\n  (1) A prosecution for an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent.\n  (2) Despite subsection (1):\n    (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and\n    (b) a person may be charged with an offence against this Act; and\n    (c) a person so charged may be remanded in custody or on bail;\n  but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given.\n  (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.\n\n#### 31 No prosecution except on indictment\n\n  Despite section 4J of the Crimes Act 1914, an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be tried except on indictment.\n\n#### 32 Evidence of certain matters\n\n  A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following:\n    (a) that a specified State was, at specified times, a Convention or Protocol State;\n    (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol;\n    (c) that specified waters were, at a specified time:\n    (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or\n    (ii) beyond the territorial sea of Australia and of any foreign country;\n  is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.\n\n#### 33 Section 38 of the Judiciary Act\n\n  A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Offences in relation to ships","content":"An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992.\n\n#### 2 Commencement\n\n  (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.\n  (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.\n  (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australian ship has the same meaning as in the Shipping Registration Act 1981.\n\n> Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1.\n\n> Convention State means a State Party to the Convention, but does not include Australia.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> foreign country means a place outside Australia that is:\n\n    (a) an independent sovereign state; or\n    (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state.\n\n> international voyage means a voyage that passes, or is scheduled to pass:\n\n    (a) through seas beyond the territorial sea of any state; or\n    (b) through the territorial seas of more than one state.\n\n> private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state.\n\n> Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2.\n\n> Protocol State means a State Party to the Protocol, but does not include Australia.\n\n> ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up.\n\n  (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force.\n\n#### 4 Act extends to external Territories\n\n  This Act extends to all external Territories.\n\n#### 5 Extraterritorial application\n\n  This Act extends, unless the contrary intention appears:\n    (a) to acts, matters and things outside Australia; and\n    (b) to all persons, whatever their nationality or citizenship.\n\n#### 5A Application of the Criminal Code\n\n  (1) Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.\n  (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28.\n\n#### 6 Effect of this Act on other laws\n\n  (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.\n\n#### 7 Convictions under foreign laws\n\n  If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct.\n\n## Part 2—Provisions relating to the Convention\n\n### Division 1—Offences in relation to ships\n\n#### 8 Seizing a ship\n\n  A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 9 Acts of violence\n\n  A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 10 Destroying or damaging a ship\n\n  (1) A person must not engage in conduct that causes the destruction of a private ship.\n\nPenalty: Life imprisonment.\n\n  (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship.\n\nPenalty: Life imprisonment.\n\n#### 11 Placing destructive devices on a ship\n\n  (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship.\n  (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 12 Destroying or damaging navigational facilities\n\n  A person must not engage in conduct that causes:\n    (a) the destruction of maritime navigational facilities; or\n    (b) serious damage to such facilities; or\n    (c) serious interference with the operation of such facilities;\n  if the destruction, damage or interference is likely to endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 13 Giving false information\n\n  A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 14 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 15 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 16 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 17 Threatening to endanger a ship\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 18 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed:\n    (a) the ship concerned was:\n    (i) on, or scheduled to engage in, an international voyage; or\n    (ii) in the territorial sea or internal waters of a foreign country; and\n    (b) the alleged offence had an Australian element or a Convention State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Division had an Australian element if:\n    (a) the ship concerned was an Australian ship; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied:\n    (a) the ship concerned was a ship flying the flag of a Convention State;\n    (b) the ship concerned was in the territorial sea or internal waters of a Convention State;\n    (c) the alleged offender was a national of a Convention State;\n    (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention;\n    (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention;\n    (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention.\n  (5) In this section:\n\n> offence against this Division includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n### Division 2—Powers of ship’s master\n\n#### 19 Arrest of offenders etc.\n\n  (1) A ship’s master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master may hold an alleged offender in custody only until he or she can deliver the alleged offender to:\n    (a) the appropriate authorities of any Convention State; or\n    (b) another appropriate authority.\n\n#### 20 Ship’s master may deliver alleged offenders to Convention State\n\n  (1) A ship’s master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State:\n    (a) of his or her intention to deliver the person to the authorities; and\n    (b) of his or her reasons for intending to do so.\n  (3) A notification under subsection (2) must be given:\n    (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or\n    (b) in any other case‑as soon as is reasonably practicable.\n  (4) If a ship’s master delivers a person under subsection (1), he or she must:\n    (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and\n    (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master’s possession.\n  (5) A ship’s master who fails to comply with subsection (3) or (4) commits an offence.\n\nPenalty: 20 penalty units.\n\n  (5A) Subsection (5) does not apply if the ship’s master has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).\n\n  (6) In this section:\n\n> offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n> ship’s master means the master of an Australian ship.\n\n## Part 3—Provisions relating to the Protocol\n\n#### 21 Seizing control of a fixed platform\n\n  A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 22 Acts of violence\n\n  A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform.\n\nPenalty: 15 years imprisonment.\n\n#### 23 Destroying or damaging a fixed platform\n\n  A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety.\n\nPenalty: Life imprisonment.\n\n#### 24 Placing destructive devices on a fixed platform\n\n  A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety.\n\nPenalty: 15 years imprisonment.\n\n#### 25 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 26 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 27 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 28 Threatening to endanger a fixed platform\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 29 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed:\n    (a) the platform concerned was beyond the Australian territorial sea; and\n    (b) the alleged offence had an Australian element or a Protocol State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Part had an Australian element if:\n    (a) the fixed platform concerned was on the Australian continental shelf; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied:\n    (a) the fixed platform concerned was on the continental shelf of a Protocol State;\n    (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State;\n    (c) the alleged offender was a national of a Protocol State;\n    (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol;\n    (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol;\n    (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol.\n  (5) In this section:\n\n> offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27.\n\n## Part 4—Miscellaneous\n\n#### 30 Written consent of Attorney‑General required\n\n  (1) A prosecution for an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent.\n  (2) Despite subsection (1):\n    (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and\n    (b) a person may be charged with an offence against this Act; and\n    (c) a person so charged may be remanded in custody or on bail;\n  but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given.\n  (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.\n\n#### 31 No prosecution except on indictment\n\n  Despite section 4J of the Crimes Act 1914, an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be tried except on indictment.\n\n#### 32 Evidence of certain matters\n\n  A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following:\n    (a) that a specified State was, at specified times, a Convention or Protocol State;\n    (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol;\n    (c) that specified waters were, at a specified time:\n    (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or\n    (ii) beyond the territorial sea of Australia and of any foreign country;\n  is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.\n\n#### 33 Section 38 of the Judiciary Act\n\n  A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Seizing a ship","content":"#### 8 Seizing a ship\n\n  A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Acts of violence","content":"#### 9 Acts of violence\n\n  A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Destroying or damaging a ship","content":"#### 10 Destroying or damaging a ship\n\n  (1) A person must not engage in conduct that causes the destruction of a private ship.\n\nPenalty: Life imprisonment.\n\n  (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship.\n\nPenalty: Life imprisonment.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Placing destructive devices on a ship","content":"#### 11 Placing destructive devices on a ship\n\n  (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship.\n  (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Destroying or damaging navigational facilities","content":"#### 12 Destroying or damaging navigational facilities\n\n  A person must not engage in conduct that causes:\n    (a) the destruction of maritime navigational facilities; or\n    (b) serious damage to such facilities; or\n    (c) serious interference with the operation of such facilities;\n  if the destruction, damage or interference is likely to endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Giving false information","content":"#### 13 Giving false information\n\n  A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Causing death","content":"#### 14 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: Life imprisonment.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Causing grievous bodily harm","content":"#### 15 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 15 years imprisonment.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Causing injury to a person","content":"#### 16 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 10 years imprisonment.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Threatening to endanger a ship","content":"#### 17 Threatening to endanger a ship\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Commencement of proceedings","content":"#### 18 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed:\n    (a) the ship concerned was:\n    (i) on, or scheduled to engage in, an international voyage; or\n    (ii) in the territorial sea or internal waters of a foreign country; and\n    (b) the alleged offence had an Australian element or a Convention State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Division had an Australian element if:\n    (a) the ship concerned was an Australian ship; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied:\n    (a) the ship concerned was a ship flying the flag of a Convention State;\n    (b) the ship concerned was in the territorial sea or internal waters of a Convention State;\n    (c) the alleged offender was a national of a Convention State;\n    (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention;\n    (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention;\n    (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention.\n  (5) In this section:\n\n> offence against this Division includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Powers of ship’s master","content":"An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992.\n\n#### 2 Commencement\n\n  (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent.\n  (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.\n  (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia.\n\n#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australian ship has the same meaning as in the Shipping Registration Act 1981.\n\n> Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1.\n\n> Convention State means a State Party to the Convention, but does not include Australia.\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.\n\n> fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes.\n\n> foreign country means a place outside Australia that is:\n\n    (a) an independent sovereign state; or\n    (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state.\n\n> international voyage means a voyage that passes, or is scheduled to pass:\n\n    (a) through seas beyond the territorial sea of any state; or\n    (b) through the territorial seas of more than one state.\n\n> private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state.\n\n> Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2.\n\n> Protocol State means a State Party to the Protocol, but does not include Australia.\n\n> ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up.\n\n  (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force.\n\n#### 4 Act extends to external Territories\n\n  This Act extends to all external Territories.\n\n#### 5 Extraterritorial application\n\n  This Act extends, unless the contrary intention appears:\n    (a) to acts, matters and things outside Australia; and\n    (b) to all persons, whatever their nationality or citizenship.\n\n#### 5A Application of the Criminal Code\n\n  (1) Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n  (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory.\n  (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28.\n\n#### 6 Effect of this Act on other laws\n\n  (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory.\n\n#### 7 Convictions under foreign laws\n\n  If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct.\n\n## Part 2—Provisions relating to the Convention\n\n### Division 1—Offences in relation to ships\n\n#### 8 Seizing a ship\n\n  A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 9 Acts of violence\n\n  A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 10 Destroying or damaging a ship\n\n  (1) A person must not engage in conduct that causes the destruction of a private ship.\n\nPenalty: Life imprisonment.\n\n  (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship.\n\nPenalty: Life imprisonment.\n\n#### 11 Placing destructive devices on a ship\n\n  (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship.\n  (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship.\n\nPenalty: 15 years imprisonment.\n\n#### 12 Destroying or damaging navigational facilities\n\n  A person must not engage in conduct that causes:\n    (a) the destruction of maritime navigational facilities; or\n    (b) serious damage to such facilities; or\n    (c) serious interference with the operation of such facilities;\n  if the destruction, damage or interference is likely to endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 13 Giving false information\n\n  A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship.\n\nPenalty: 15 years imprisonment.\n\n#### 14 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 15 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 16 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 17 Threatening to endanger a ship\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 18 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed:\n    (a) the ship concerned was:\n    (i) on, or scheduled to engage in, an international voyage; or\n    (ii) in the territorial sea or internal waters of a foreign country; and\n    (b) the alleged offence had an Australian element or a Convention State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Division had an Australian element if:\n    (a) the ship concerned was an Australian ship; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied:\n    (a) the ship concerned was a ship flying the flag of a Convention State;\n    (b) the ship concerned was in the territorial sea or internal waters of a Convention State;\n    (c) the alleged offender was a national of a Convention State;\n    (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention;\n    (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention;\n    (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention.\n  (5) In this section:\n\n> offence against this Division includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n### Division 2—Powers of ship’s master\n\n#### 19 Arrest of offenders etc.\n\n  (1) A ship’s master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master may hold an alleged offender in custody only until he or she can deliver the alleged offender to:\n    (a) the appropriate authorities of any Convention State; or\n    (b) another appropriate authority.\n\n#### 20 Ship’s master may deliver alleged offenders to Convention State\n\n  (1) A ship’s master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State:\n    (a) of his or her intention to deliver the person to the authorities; and\n    (b) of his or her reasons for intending to do so.\n  (3) A notification under subsection (2) must be given:\n    (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or\n    (b) in any other case‑as soon as is reasonably practicable.\n  (4) If a ship’s master delivers a person under subsection (1), he or she must:\n    (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and\n    (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master’s possession.\n  (5) A ship’s master who fails to comply with subsection (3) or (4) commits an offence.\n\nPenalty: 20 penalty units.\n\n  (5A) Subsection (5) does not apply if the ship’s master has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).\n\n  (6) In this section:\n\n> offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n> ship’s master means the master of an Australian ship.\n\n## Part 3—Provisions relating to the Protocol\n\n#### 21 Seizing control of a fixed platform\n\n  A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.\n\n#### 22 Acts of violence\n\n  A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform.\n\nPenalty: 15 years imprisonment.\n\n#### 23 Destroying or damaging a fixed platform\n\n  A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety.\n\nPenalty: Life imprisonment.\n\n#### 24 Placing destructive devices on a fixed platform\n\n  A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety.\n\nPenalty: 15 years imprisonment.\n\n#### 25 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: Life imprisonment.\n\n#### 26 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 15 years imprisonment.\n\n#### 27 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 10 years imprisonment.\n\n#### 28 Threatening to endanger a fixed platform\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.\n\n#### 29 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed:\n    (a) the platform concerned was beyond the Australian territorial sea; and\n    (b) the alleged offence had an Australian element or a Protocol State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Part had an Australian element if:\n    (a) the fixed platform concerned was on the Australian continental shelf; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied:\n    (a) the fixed platform concerned was on the continental shelf of a Protocol State;\n    (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State;\n    (c) the alleged offender was a national of a Protocol State;\n    (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol;\n    (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol;\n    (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol.\n  (5) In this section:\n\n> offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27.\n\n## Part 4—Miscellaneous\n\n#### 30 Written consent of Attorney‑General required\n\n  (1) A prosecution for an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent.\n  (2) Despite subsection (1):\n    (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and\n    (b) a person may be charged with an offence against this Act; and\n    (c) a person so charged may be remanded in custody or on bail;\n  but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given.\n  (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.\n\n#### 31 No prosecution except on indictment\n\n  Despite section 4J of the Crimes Act 1914, an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be tried except on indictment.\n\n#### 32 Evidence of certain matters\n\n  A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following:\n    (a) that a specified State was, at specified times, a Convention or Protocol State;\n    (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol;\n    (c) that specified waters were, at a specified time:\n    (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or\n    (ii) beyond the territorial sea of Australia and of any foreign country;\n  is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.\n\n#### 33 Section 38 of the Judiciary Act\n\n  A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Arrest of offenders etc.","content":"#### 19 Arrest of offenders etc.\n\n  (1) A ship’s master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master may hold an alleged offender in custody only until he or she can deliver the alleged offender to:\n    (a) the appropriate authorities of any Convention State; or\n    (b) another appropriate authority.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Ship’s master may deliver alleged offenders to Convention State","content":"#### 20 Ship’s master may deliver alleged offenders to Convention State\n\n  (1) A ship’s master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1.\n  (2) A ship’s master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State:\n    (a) of his or her intention to deliver the person to the authorities; and\n    (b) of his or her reasons for intending to do so.\n  (3) A notification under subsection (2) must be given:\n    (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or\n    (b) in any other case‑as soon as is reasonably practicable.\n  (4) If a ship’s master delivers a person under subsection (1), he or she must:\n    (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and\n    (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master’s possession.\n  (5) A ship’s master who fails to comply with subsection (3) or (4) commits an offence.\n\nPenalty: 20 penalty units.\n\n  (5A) Subsection (5) does not apply if the ship’s master has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).\n\n  (6) In this section:\n\n> offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.\n\n> ship’s master means the master of an Australian ship.","sortOrder":24},{"sectionNumber":"Part 3","sectionType":"part","heading":"Provisions relating to the Protocol","content":"## Part 3—Provisions relating to the Protocol","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Seizing control of a fixed platform","content":"#### 21 Seizing control of a fixed platform\n\n  A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation.\n\nPenalty: Life imprisonment.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Acts of violence","content":"#### 22 Acts of violence\n\n  A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform.\n\nPenalty: 15 years imprisonment.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Destroying or damaging a fixed platform","content":"#### 23 Destroying or damaging a fixed platform\n\n  A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety.\n\nPenalty: Life imprisonment.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Placing destructive devices on a fixed platform","content":"#### 24 Placing destructive devices on a fixed platform\n\n  A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety.\n\nPenalty: 15 years imprisonment.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Causing death","content":"#### 25 Causing death\n\n  A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: Life imprisonment.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Causing grievous bodily harm","content":"#### 26 Causing grievous bodily harm\n\n  A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 15 years imprisonment.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Causing injury to a person","content":"#### 27 Causing injury to a person\n\n  A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence.\n\nPenalty: 10 years imprisonment.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Threatening to endanger a fixed platform","content":"#### 28 Threatening to endanger a fixed platform\n\n  (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform.\n\nPenalty: 2 years imprisonment.\n\n  (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act.","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Commencement of proceedings","content":"#### 29 Commencement of proceedings\n\n  (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed:\n    (a) the platform concerned was beyond the Australian territorial sea; and\n    (b) the alleged offence had an Australian element or a Protocol State element.\n  (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence.\n  (3) For the purposes of this section, an offence against this Part had an Australian element if:\n    (a) the fixed platform concerned was on the Australian continental shelf; or\n    (b) the alleged offender was a national of Australia.\n  (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied:\n    (a) the fixed platform concerned was on the continental shelf of a Protocol State;\n    (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State;\n    (c) the alleged offender was a national of a Protocol State;\n    (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol;\n    (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol;\n    (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol.\n  (5) In this section:\n\n> offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27.","sortOrder":34},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Written consent of Attorney‑General required","content":"#### 30 Written consent of Attorney‑General required\n\n  (1) A prosecution for an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent.\n  (2) Despite subsection (1):\n    (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and\n    (b) a person may be charged with an offence against this Act; and\n    (c) a person so charged may be remanded in custody or on bail;\n  but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given.\n  (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"No prosecution except on indictment","content":"#### 31 No prosecution except on indictment\n\n  Despite section 4J of the Crimes Act 1914, an offence:\n    (a) against Division 1 of Part 2 or Part 3; or\n    (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27;\n  may not be tried except on indictment.","sortOrder":37},{"sectionNumber":"32","sectionType":"section","heading":"Evidence of certain matters","content":"#### 32 Evidence of certain matters\n\n  A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following:\n    (a) that a specified State was, at specified times, a Convention or Protocol State;\n    (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol;\n    (c) that specified waters were, at a specified time:\n    (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or\n    (ii) beyond the territorial sea of Australia and of any foreign country;\n  is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate.","sortOrder":38},{"sectionNumber":"33","sectionType":"section","heading":"Section 38 of the Judiciary Act","content":"#### 33 Section 38 of the Judiciary Act\n\n  A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty.","sortOrder":39}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act, as drafted, is expressly an implementing instrument for the Rome Convention and its Protocol (s 3 definitions and ss 2(2)–(3)). Its practical scope is set by those instruments and by the Act’s own jurisdictional rules (ss 18, 29). Nothing in the text supplied indicates a change from that stated implementation purpose: the offences, extraterritorial reach (s 5), commencement linkage to treaty entry into force (s 2), and the procedural/evidentiary machinery (ss 30, 32) all align with the Act’s declared objective to provide for specified crimes against ships and fixed platforms."},"complexity_factors":["Extensive definitions cross‑referencing other instruments and statutes (s 3; references to the Convention and Protocol).","Extraterritorial application combined with jurisdictional gatekeepers that require establishing Australian or Convention/Protocol State elements (ss 5, 18, 29).","Integration and selective modification of Criminal Code provisions (s 5A(1)–(3)).","Concentration of prosecutorial discretion (written consent requirement) and special procedural rules (ss 30–31).","Operational duties and limited arrest powers imposed on ship masters, with specified penalties and an evidential burden for a defence (ss 19–20(5A)).","Evidentiary shortcuts (prima facie Attorney‑General certificates) that alter usual proof requirements in court (s 32).","High maximum penalties (including life imprisonment) that require careful charging and sentencing practice (ss 8, 10(1), 14, 21, 23, 25)."],"plain_english_summary":"What this law does, mechanically\n\n- Creates a set of federal criminal offences that target specified harmful conduct directed at private ships and at fixed platforms on the continental shelf. The offences include: seizing or taking control (ss 8, 21); acts of violence likely to endanger safety or navigation (ss 9, 22); destroying or damaging ships or platforms (ss 10, 23); placing destructive devices (ss 11, 24); related offences for causing death, grievous bodily harm or injury in connection with those offences (ss 14–16, 25–27); and making threats that would compel conduct and are likely to endanger a ship or platform (ss 17, 28). Penalties range up to life imprisonment for the most serious offences (see ss 8, 10(1), 14, 21, 23, 25).\n\n- Applies extraterritorially to acts outside Australia and to people of any nationality unless a contrary intention appears (s 5). It also extends to Australia’s external Territories (s 4).\n\n- Sets prerequisites for when Australian proceedings may be started: for ship offences, the ship must have been on or scheduled to engage in an international voyage or in the territorial waters or internal waters of a foreign country, and the offence must have an Australian element or a Convention State element (s 18); for platform offences, the platform must have been beyond the Australian territorial sea and the offence must have an Australian element or a Protocol State element (s 29). The legislation defines what counts as an Australian or Convention/Protocol State element (ss 18(3)–(4), 29(3)–(4)).\n\n- Incorporates the general principles of criminal responsibility from Chapter 2 of the Criminal Code (s 5A(1)), but specifies certain interactions with Code provisions (s 5A(2)–(3)).\n\n- Gives a ship’s master of an Australian ship the power to arrest and hold on reasonable grounds for offences against the ship provisions, and to deliver detained persons to appropriate authorities; the master must notify and provide statements/evidence to Convention State authorities when delivering a person, with a modest penalty for failure to comply (ss 19–20).\n\n- Concentrates prosecutorial control: a prosecution for these offences may not be begun except with the written consent of the Attorney‑General or an authorised delegate (s 30). Such offences must be tried on indictment (s 31).\n\n- Allows the Attorney‑General (or authorised person) to issue certificates about treaty status, jurisdictional extension by foreign states, and whether particular waters are within particular maritime zones; such certificates are prima facie evidence in proceedings (s 32).\n\n- Prevents double prosecution in Australia for conduct already leading to conviction in a foreign country (s 7).\n\nStated purpose and how that links to the mechanics\n\n- The Act’s text frames itself as implementing two international instruments whose texts are included or referred to in the Act: the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation (the \"Convention\") and the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms (the \"Protocol\") (s 3 definitions and ss 2(2)–(3) on commencement). That stated purpose is reflected mechanically: defined offences map to the types of conduct addressed in those instruments (see Part 2 for ships and Part 3 for fixed platforms). The commencement of the parts implementing each instrument is tied to the date the relevant treaty enters into force for Australia (s 2(2)–(3)).\n\nCosts, incentives, trade‑offs and implementation mechanics (source‑grounded)\n\n- Who pays and who decides\n  - Individuals convicted face the statutory penalties, including life imprisonment for specified offences (see ss 8, 10(1), 14, 21, 23, 25). The law also permits arrest and charge before Attorney‑General consent is given, but no further steps may proceed until consent is given (s 30(2)).\n  - The Attorney‑General (or an authorised delegate) decides whether prosecutions proceed (s 30(1)); that places significant discretion in a single Commonwealth office (s 30) and concentrates the decision to allocate prosecutorial resources for these offences.\n  - Ship masters carry specific duties and limited enforcement powers: they may arrest and must, if delivering a detainee to a Convention State, notify and hand over statements and evidence (ss 19–20). Failure to comply with notification/evidence duties is an offence carrying a monetary penalty (s 20(5)).\n\n- Compliance burdens and incentives\n  - Masters of Australian ships face administrative and evidentiary obligations when handing offenders to foreign Convention State authorities (s 20(2)–(4)); those obligations create a small regulatory burden on masters and ship operators (s 20(5) prescribes a penalty of 20 penalty units for non‑compliance, subject to a \"reasonable excuse\" defence at s 20(5A)).\n  - The Act’s extraterritorial reach (s 5) and its jurisdictional gatekeeping rules (ss 18 and 29) mean prosecutors must establish facts about voyage status, flag/state connections, nationality or situs (ss 18(1), 29(1)), which creates evidentiary and investigative cost for authorities and may require foreign‑state cooperation. The Attorney‑General’s certificate power (s 32) is intended to reduce proof costs by producing prima facie evidence of such matters, shifting some evidentiary weight to executive certification.\n\n- Trade‑offs and opportunity costs\n  - Centralising the decision to prosecute at the Attorney‑General’s office (s 30) can reduce the number of prosecutions that proceed, concentrating resources on cases the Commonwealth chooses to prioritise, but also places investigative and decision costs on that office.\n  - Extraterritorial application (s 5) and the requirement that certain parts commence only once the relevant treaty is in force for Australia (s 2(2)–(3)) mean the Act’s practical scope depends on international cooperation and the domestic effect of the Convention/Protocol; enforcing offences beyond Australian territorial waters can require diplomatic and policing resources.\n\n- Implementation risk and legal interactions\n  - The Act incorporates Chapter 2 of the Criminal Code for general criminal responsibility (s 5A(1)), but it also carve‑outs or special rules for certain Code sections (s 5A(2)–(3)). Prosecutions and defences will therefore involve blended interpretation of this Act and the Criminal Code.\n  - The evidentiary rule allowing certificates from the Attorney‑General to be used as prima facie evidence (s 32) reduces the immediate need for foreign fact‑witness proof, but also increases reliance on executive documents in court.\n  - The bar on convicting someone in Australia for conduct previously leading to conviction abroad (s 7) reduces the risk of duplicative proceedings but requires records of foreign conviction to be shown.\n\nEffects on private choice and enterprise\n\n- The offences are directed at \"private ships\" (s 3 definition) and at fixed platforms (s 3 definition). The Act therefore regulates behaviour that threatens the safety or navigation of privately‑operated ships and the safety of fixed platforms. The text does not create civil liabilities or regulatory safety standards for operators; it creates criminal prohibitions and sets who may be prosecuted and under what circumstances.\n\nConcentrated benefits and diffuse costs\n\n- Benefits from criminal enforcement (deterrence, prosecution outcomes) would be concentrated among victims, ship operators and affected states; the costs (investigative, prosecutorial, and compliance burdens on masters) are borne by the Commonwealth and by persons and commercial actors who must comply with notification/evidence duties (s 20) or who face criminal exposure (ss 8–16, 21–27).\n\nBottom line, in practical terms\n\n- The Act makes specified forms of violent or destructive conduct against private ships and fixed platforms federal crimes with high maximum penalties (Parts 2 and 3). It reaches beyond Australian territory (s 5), ties domestic application to connections with Australia or Convention/Protocol States (ss 18, 29), imports the Criminal Code’s principles (s 5A), requires Attorney‑General consent to prosecute (s 30), and places procedural and evidentiary tools in the Attorney‑General’s hands (s 32). Those mechanisms centralise prosecutorial discretion and shift certain compliance and evidentiary burdens onto ship masters and federal authorities (ss 19–20, 30, 32)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act closely follows the scope of its two source international instruments. The offences, jurisdictional triggers, and procedural safeguards directly mirror the 1988 Rome Convention and Protocol. There is no evidence of scope creep beyond implementing Australia's treaty obligations — the Act is deliberately limited to internationally-connected incidents involving non-military vessels and offshore platforms."},"complexity_factors":["Dual international treaty framework (Convention + Protocol) requiring parallel but distinct offence regimes","Extraterritorial jurisdiction — the law applies globally to people of any nationality, requiring careful understanding of when Australian courts can actually act","Multi-layered jurisdictional gateway tests (sections 18 and 29) with six different 'Convention/Protocol State element' triggers each, referencing specific articles of international treaties","Cross-references to the Criminal Code (Chapter 2, sections 10.5, 11.1, 11.2, 11.2A) that modify how offences are interpreted — requiring knowledge of a separate statute","Attorney-General consent requirement adds a procedural layer on top of the substantive offences","Definitions that incorporate terms from international treaties by reference, meaning the full legal meaning requires consulting the treaty schedules","Distinction between 'private ships' and government/military vessels excludes an entire category that readers might assume is covered","Ship captain arrest and handover powers create a mini-regime of quasi-law enforcement powers with their own obligations and offences"],"plain_english_summary":"## What This Law Does\n\nThe *Crimes (Ships and Fixed Platforms) Act 1992* is Australia's way of implementing two international agreements signed in Rome in 1988:\n\n1. **The Convention** — dealing with crimes against the safety of ships at sea\n2. **The Protocol** — dealing with crimes against fixed platforms (think oil rigs, artificial islands, and other structures permanently attached to the ocean floor)\n\nPut simply: this law makes it a serious criminal offence in Australia to attack, hijack, sabotage, or threaten ships and offshore platforms — even if the crime happens overseas.\n\n---\n\n## Who Does It Affect?\n\nThis law applies to **virtually everyone** — Australian citizens and foreigners alike. It applies both inside and outside Australia. If you commit one of these offences anywhere in the world, Australia may be able to prosecute you — provided there is a sufficient connection to Australia or to another country that is also a party to the international agreements.\n\n**Most relevant to:**\n- Seafarers, ship captains (masters), and offshore platform workers\n- People involved in maritime security\n- Anyone operating on or around privately-owned ships on international voyages\n- Oil and gas workers on offshore platforms\n\n---\n\n## The Main Offences (and their penalties)\n\n### For Ships:\n- **Seizing/hijacking a ship** by force or threats — **Life imprisonment**\n- **Destroying a ship** — **Life imprisonment**\n- **Damaging a ship or its cargo** in a way that endangers safe navigation — **Life imprisonment**\n- **Placing a bomb or dangerous device** on a ship — **15 years imprisonment**\n- **Violence against someone on board** a ship that endangers navigation — **15 years imprisonment**\n- **Destroying or interfering with navigation aids** (like lighthouses or GPS beacons) — **15 years imprisonment**\n- **Sending false distress or safety information** — **15 years imprisonment**\n- **Threatening** to do any of the above to force someone's hand — **2 years imprisonment**\n- **Causing death** in connection with any of the above offences — **Life imprisonment**\n- **Causing serious injury** in connection with the above — **15 years imprisonment**\n- **Causing injury** in connection with the above — **10 years imprisonment**\n\n### For Fixed Platforms (e.g. oil rigs):\nA near-identical set of offences applies, with the same penalties.\n\n---\n\n## Special Powers for Ship Captains\n\nThe captain of an **Australian ship** has special powers:\n- They can **arrest and detain** anyone they reasonably believe has committed one of these offences on board\n- They can **hand that person over** to the authorities of a partner country\n- If they hand someone over, they **must notify** those authorities in advance (where possible) and provide any relevant evidence they have\n- Failing to follow these handover rules is itself a minor offence (a small financial penalty)\n\n---\n\n## Important Limits on Prosecutions\n\nNot every incident gets prosecuted under this law. Before charges can proceed:\n\n1. The **ship must have been on an international voyage** (or in a foreign country's waters), OR the platform must be beyond Australia's immediate coastal zone\n2. There must be an **Australian connection** (e.g. the ship is Australian-registered, or the accused is Australian) OR a connection to another partner country\n3. The **Attorney-General must personally approve** the prosecution before it can proceed (though a person can still be arrested and held in the meantime)\n4. All serious offences are tried in a **higher court before a jury** (called a trial 'on indictment') — not in a local magistrates court\n\n---\n\n## Double Jeopardy Protection\n\nIf someone has already been **convicted overseas** for the same conduct, they cannot be prosecuted again under this Australian law.\n\n---\n\n## Why It Matters\n\nAustralia has a massive coastline and a significant offshore oil and gas industry. This law ensures that attacks on ships and platforms — whether terrorism, piracy, or deliberate sabotage — are treated as serious crimes that can be prosecuted in Australian courts, even when they happen far out at sea or in foreign waters."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3(2)","severity":"medium","reasoning":"Definitions drawing meaning from non-operative treaties creates interpretive instability. If the Convention or Protocol has not entered into force, their textual meanings have no authoritative legal status, yet Parts 1 and 4 — which commence on Royal Assent — incorporate these definitions immediately. A court interpreting the Act on day one would be forced to apply meanings sourced from legally inert international instruments.","confidence":0.72,"description":"The Act directs that expressions have the same meaning as in the Convention or Protocol 'whether or not the Convention or the Protocol has entered into force.' This means terms are defined by reference to international instruments that may not yet legally exist as binding law, creating a situation where the Act's meaning depends on documents with no legal force."},{"type":"other","section":"11(1) and 11(2)","severity":"medium","reasoning":"Section 10(1) (destruction of ship) carries life imprisonment, and section 10(2) (damage endangering navigation) also carries life imprisonment. Yet section 11(1) (placing a device likely to destroy the ship — functionally equivalent preparatory conduct to s10(1)) carries only 15 years, same as s11(2). The preparatory act of placing a destruction device is penalised the same regardless of whether it is intended to destroy or merely damage, collapsing a meaningful culpability gradient.","confidence":0.78,"description":"Section 11 specifies a single penalty of 15 years imprisonment at the end of the section, but subsection (1) — placing a device likely to destroy the ship — is a more serious offence than subsection (2) — placing a device likely to cause damage knowing it may endanger navigation. Destroying a ship is penalised identically to merely endangering navigation, creating an absurd equivalence in culpability."},{"type":"other","section":"17(1) and 28(1)","severity":"medium","reasoning":"The threat offences in ss 17 and 28 carry 2 years maximum. The underlying offences they reference carry 15 years (s9, s12, s22) or life (s10, s23). This extreme disproportion — a factor of 7.5x to life — between the threat and the act is internally inconsistent with the Act's evident purpose of deterring maritime terrorism. While some gap is normal, a 2-year cap for threatening to sink a ship is anomalously low.","confidence":0.82,"description":"Threatening to destroy a ship or fixed platform carries a maximum penalty of only 2 years imprisonment, while the substantive offences threatened (destruction, violence) carry up to life imprisonment. A credible threat to commit an act of mass maritime terror is penalised at the same level as many minor regulatory offences."},{"type":"impossible_compliance","section":"19(2) and 20","severity":"medium","reasoning":"The master must hold until delivery but is given no time limit and no fallback if neither a Convention State nor another authority is accessible (e.g., a vessel in remote international waters). The Act provides no mechanism for what happens if delivery is permanently impracticable. The master is neither required to release the person nor given authority to hold indefinitely — a logical gap that leaves compliance impossible in edge cases.","confidence":0.7,"description":"Section 19(2) requires a ship's master to hold an alleged offender only until delivery to 'the appropriate authorities of any Convention State or another appropriate authority.' However, the ship's master is defined in s20(6) as the master of an Australian ship only. If the arresting master cannot reach a Convention State and no 'other appropriate authority' is accessible, there is no lawful mechanism to end the detention, potentially creating an indefinite lawful custody situation at sea with no resolution pathway."},{"type":"self_contradicting","section":"29(1)(a) and 29(3)(a)","severity":"medium","reasoning":"Fixed platforms on the Australian continental shelf within the territorial sea cannot be prosecuted under Part 3 because s29(1)(a) bars proceedings unless the platform is beyond the territorial sea. Yet the Australian continental shelf can extend beneath the territorial sea. This creates a jurisdictional gap where attacks on Australian fixed platforms closest to shore — potentially the most accessible to attackers — fall outside the Act's reach unless the extradition exception in s29(2) applies.","confidence":0.8,"description":"Section 29(1)(a) requires that the fixed platform was 'beyond the Australian territorial sea' for proceedings to commence, but s29(3)(a) establishes an 'Australian element' where the platform is 'on the Australian continental shelf.' A platform on the Australian continental shelf beyond the territorial sea satisfies both conditions simultaneously — it meets the threshold in s29(1)(a) and supplies the Australian element in s29(3)(a). However, a platform on the Australian continental shelf within the territorial sea satisfies the Australian element but not s29(1)(a), meaning Australian platforms inside territorial waters receive less protection under this Act than those outside."},{"type":"other","section":"5A(3) and 6(1)","severity":"low","reasoning":"The 'subject to' qualification in s6(1) suggests that s5A(3) carves out some exception to the general preservation of other laws. But s5A(3) is a provision about which Criminal Code provisions apply to this Act's offences — it does not purport to limit any other law. The cross-reference appears to be an error or is at minimum misleading about the interaction between the two provisions.","confidence":0.65,"description":"Section 6(1) preserves the operation of other Commonwealth and State/Territory laws 'subject to subsection 5A(3).' Subsection 5A(3) excludes Criminal Code conspiracy, attempt and complicity provisions from applying to the threat offences in ss 17 and 28. The cross-reference in s6(1) implies that 5A(3) operates as a limitation on other laws, but 5A(3) addresses the Criminal Code's application to this Act's offences — not the operation of other laws generally. The cross-reference is logically inapt and creates interpretive confusion about what other laws are actually limited."},{"type":"other","section":"10(2)","severity":"medium","reasoning":"Under s10(2), damaging cargo (e.g., shifting a container) with knowledge that it might affect navigation carries the same life imprisonment maximum as physically destroying the entire ship under s10(1). The extension of the maximum penalty to cargo damage — which could be trivial in magnitude — at the same level as total vessel destruction is a significant internal proportionality flaw.","confidence":0.75,"description":"Section 10(2) imposes a penalty of life imprisonment for damaging a ship or its cargo knowing the damage is likely to endanger safe navigation. Section 10(1) also imposes life imprisonment for destroying the ship. Causing mere damage to cargo — even minor damage — knowing it might endanger navigation thus carries the same maximum penalty as total destruction of the vessel, producing a manifestly disproportionate equivalence."}],"contradictions":[{"severity":"medium","section_a":"Section 14 (causing death in connection with ss 8-13)","section_b":"Section 18(1) (commencement of proceedings condition)","confidence":0.68,"description":"Section 14 creates a stand-alone offence of causing death in connection with commission or attempted commission of offences against ss 8-13. Section 18 conditions commencement of proceedings on the ship being on an international voyage or in foreign territorial/internal waters, and the offence having an Australian or Convention State element. However, s18(5) defines 'offence against this Division' to include Criminal Code ancillary offences relating to ss 8-16 — but does not explicitly include s14, 15, or 16 themselves in the jurisdictional gateway, creating ambiguity about whether the death, GBH and injury offences are independently subject to s18's threshold conditions or only derivatively so."},{"severity":"medium","section_a":"Section 3(1) — definition of 'ship' (excludes vessels withdrawn from navigation or laid up)","section_b":"Section 8 — seizing a ship","confidence":0.82,"description":"The definition of 'ship' expressly excludes vessels 'withdrawn from navigation or laid up.' Consequently, seizing control of a laid-up vessel — which might be fully operational and crewed during reactivation — falls entirely outside the Act's offence provisions. A person who seizes a vessel being recommissioned in port commits no offence under s8, creating an arbitrary protection gap based on the vessel's administrative status rather than actual risk."},{"severity":"medium","section_a":"Section 20(6) — 'ship's master' definition (master of an Australian ship only)","section_b":"Section 19(1) — arrest power","confidence":0.73,"description":"Section 19 grants arrest powers to 'a ship's master' without restricting this to masters of Australian ships. However, s20(6) defines 'ship's master' (for Division 2) as 'the master of an Australian ship.' If this definition applies to s19 as well, masters of foreign ships have no statutory arrest power under the Act, even when the offence has an Australian element (e.g., an Australian victim). The definitional scope of s20(6) is ambiguous as to whether it governs s19."},{"severity":"high","section_a":"Section 30(2)(b) — person may be charged with an offence against this Act","section_b":"Section 18(1) / Section 29(1) — commencement of proceedings conditions","confidence":0.77,"description":"Section 30(2)(b) permits a person to be charged with an offence under the Act without the Attorney-General's consent. Sections 18 and 29 prohibit 'proceedings' from being commenced unless jurisdictional thresholds are met. If charging constitutes the commencement of proceedings for the purposes of ss 18/29, then s30(2)(b) would permit conduct that ss 18/29 prohibit. If charging does not constitute commencement of proceedings, charges could be laid in circumstances where the Act provides no jurisdictional basis for any subsequent prosecution."},{"severity":"low","section_a":"Section 5 — extraterritorial application to all persons of any nationality","section_b":"Section 18(1)(b) — requirement for Australian or Convention State element","confidence":0.7,"description":"Section 5 extends the Act to all persons of any nationality for all acts outside Australia. But s18(1)(b) bars proceedings unless the offence had an 'Australian element' or a 'Convention State element.' A foreign national committing an offence on a foreign ship in foreign waters with no connection to Australia or any Convention State is nominally subject to the Act under s5, but can never be prosecuted under it by operation of s18. The Act creates offences of universal nominal application but then contains them within a jurisdictional filter that negates much of that universality."},{"severity":"medium","section_a":"Section 7 — foreign conviction bars Australian prosecution","section_b":"Section 30(2) — arrest and charging without Attorney-General consent","confidence":0.8,"description":"Section 7 provides a complete bar to prosecution where a person has been convicted abroad for the same conduct. However, s30(2) permits arrest, warrant execution, charging, and remand in custody before the Attorney-General's consent is obtained. A person already convicted abroad for the relevant conduct could lawfully be arrested, charged, and remanded under s30(2) even though s7 makes any eventual prosecution impossible. The Act provides no mechanism to screen for foreign convictions prior to arrest or remand."}]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing the 1988 Rome Convention and Protocol regarding maritime terrorism and violence. While it includes modernising amendments (Criminal Code integration, penalty units), the substantive scope has not expanded beyond ships and fixed platforms. The dual structure (Part 2 for ships, Part 3 for platforms) reflects the original treaty architecture rather than scope creep."},"complexity_factors":["Dual treaty implementation structure (Convention for ships, Protocol for fixed platforms) with parallel but distinct jurisdictional triggers in sections 18 and 29","Multiple cross-references to external instruments: Criminal Code (ss 5A, 11.1, 11.2, 11.2A, 13.3), Shipping Registration Act 1981, Crimes Act 1914, Judiciary Act 1903, and the two treaties themselves","Complex jurisdictional preconditions requiring analysis of: territorial sea status, continental shelf location, nationality of offender/victim, stateless habitual residence, and treaty jurisdictional extensions under Articles 6(2) and 3(2)","Conditional commencement provisions (s 2) tying Parts 2 and 3 to treaty entry into force dates","Nested definitions: 'offence against this Division/Part' expands via Criminal Code complicity provisions (ss 11.1, 11.2, 11.2A) with specific exclusions for threat offences (s 5A(3))","Evidential burden shifting in s 20(5A) regarding reasonable excuse for ship masters","Prima facie evidence provisions (s 32) allowing Attorney-General certificates to establish jurisdictional facts","Extraterritorial reach with specific exceptions for extradited persons (ss 18(2), 29(2))"],"plain_english_summary":"This law makes it a serious crime to attack ships or offshore oil/gas platforms, or to threaten such attacks. It implements two international treaties (the 1988 Rome Convention and Protocol) to combat terrorism and violence at sea.\n\n**Who it affects:**\n- Anyone who commits violence against ships or fixed platforms (like oil rigs), regardless of nationality\n- Ship captains (masters) of Australian vessels, who get special powers to arrest suspects\n- People who threaten to damage ships or platforms to force governments or companies to do something\n\n**What it criminalises:**\n- **Ships:** Hijacking, destroying, or damaging private ships; placing bombs on ships; attacking navigation equipment; giving false information that endangers navigation; causing death or injury during these crimes\n- **Fixed platforms:** Seizing control of oil/gas platforms; violence on platforms; destroying or damaging platforms; placing explosives\n- **Threats:** Threatening to commit the above crimes to coerce someone (2 years prison)\n\n**Key features:**\n- Applies worldwide — Australian courts can prosecute foreigners for crimes committed anywhere, if there's an Australian connection or the victim state is a treaty member\n- Life imprisonment for the most serious offences (hijacking, destruction, causing death)\n- Attorney-General must approve prosecutions\n- Double jeopardy protection — no prosecution if already convicted overseas for the same conduct\n- Ship masters can arrest suspects and deliver them to authorities of treaty countries\n\n**Why it matters:** This closes gaps in maritime law, ensuring terrorists or pirates who attack ships or oil rigs can't escape justice by operating in international waters. It protects commercial shipping and offshore energy infrastructure."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/crimes-ships-and-fixed-platforms-act-1992","history":"/api/acts/crimes-ships-and-fixed-platforms-act-1992/history","analysis":"/api/acts/crimes-ships-and-fixed-platforms-act-1992/analysis","conflicts":"/api/acts/crimes-ships-and-fixed-platforms-act-1992/conflicts","importantCases":"/api/acts/crimes-ships-and-fixed-platforms-act-1992/important-cases","documents":"/api/acts/crimes-ships-and-fixed-platforms-act-1992/documents"}}