{"id":"nt:crimes-at-sea-act-2000","name":"Crimes at Sea Act 2000","slug":"nt-crimes-at-sea-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":349703,"registerId":"nt-crimes-at-sea-act-2000-current","compilationNumber":null,"startDate":"2026-04-09","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes at Sea Act 2000","content":"NORTHERN TERRITORY OF AUSTRALIA\nCRIMES AT SEA ACT 2000\nAs in force at 21 December 2022\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 2\n3 Definitions ........................................................................................ 2\n4 Ratification of cooperative scheme .................................................. 2\n5 Prosecution of offences under laws of the Territory......................... 2\n6 Publication of intergovernmental agreement ................................... 2\n7 Regulations...................................................................................... 3\n8 Schedule.......................................................................................... 3\n9 Repeal ............................................................................................. 3\n10 Saving and transitional .................................................................... 3\nSchedule The Cooperative Scheme\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 December 2022\n____________________\nCRIMES AT SEA ACT 2000\nAn Act to give effect to a cooperative scheme for dealing with crimes at\nsea, to repeal the Criminal Law (Offences at Sea) Act 1979 and for\nrelated purposes\nWHEREAS:\n1. The Commonwealth, the States of the Commonwealth and the\nTerritory have agreed to a cooperative scheme to apply the criminal\nlaw of the States of the Commonwealth and the Territory\nextraterritorially in the areas adjacent to the coast of Australia.\n2. Under the scheme, the criminal law of a State of the\nCommonwealth or of the Territory is to apply in the area adjacent to\nthe State or to the Territory:\n(a) for a distance of 12 nautical miles from the baseline for the\nState or the Territory – by force of the law of the State or the\nTerritory; and\n(b) beyond 12 nautical miles up to a distance of 200 nautical\nmiles from the baseline for the State or the Territory or the\nouter limit of the continental shelf (whichever is the greater\ndistance) – by force of the law of the Commonwealth.\n3. Responsibility for administering criminal justice in the area covered\nby the scheme will be divided between the Commonwealth, the\nStates of the Commonwealth and the Territory under the scheme\nand an intergovernmental agreement.\n4. The purpose of this Act is to give legal force to the cooperative,\nscheme, so far as it depends on the legislative power of the\nTerritory, and to provide for consequential vesting of judicial and\nother powers.\n1 Short title\nThis Act may be cited as the Crimes at Sea Act 2000.\n\nCrimes at Sea Act 2000 2\n2 Commencement\nThe provisions of this Act come into operation on the date, or\nrespective dates, fixed by the Administrator by notice in the\nGazette.\n3 Definitions\nIn this Act, unless the contrary intention appears:\ncooperative scheme means the legislative and administrative\nscheme for applying and enforcing criminal law in the areas\nadjacent to the coast of Australia agreed to by the Commonwealth,\nthe States of the Commonwealth and the Territory.\nintergovernmental agreement means an agreement entered into\nunder clause 5 of the cooperative scheme.\n4 Ratification of cooperative scheme\nTo the extent that it is within the legislative competence of the\nTerritory to give the cooperative scheme the force of law, the\ncooperative scheme has the force of law.\n5 Prosecution of offences under laws of the Territory\n(1) For the purposes of the operation of the cooperative scheme in\nrelation to offences prosecuted under a law of the Territory:\n(a) a reference in the cooperative scheme to an indictable offence\nis to be construed as a reference to an indictable offence as\ndefined in section 3(2) of the Criminal Code; and\n(b) a reference in the cooperative scheme to a summary offence\nis to be construed as a reference to an a summary offence as\ndefined in section 3(3) of the Criminal Code.\n(2) Nothing in or under this Act or the cooperative scheme affects the\ndiscretion of a court under a law of the Territory to determine\nwhether an offence is to be tried summarily or on indictment.\n6 Publication of intergovernmental agreement\nThe Minister must publish the intergovernmental agreement, and\nany amendments of the intergovernmental agreement, in the\nGazette.\n\nCrimes at Sea Act 2000 3\n7 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters that are:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Subsection (1) does not authorise the making of regulations for the\npurposes of the cooperative scheme.\n8 Schedule\nThe cooperative scheme is set out in the Schedule.\n9 Repeal\nThe Criminal Law (Offences at Sea) Act 1979 (Act No. 47 of 1979)\nis repealed.\n10 Saving and transitional\n(1) In this section, commencement day means the day on which\nsection 9 comes into operation.\n(2) Despite the repeal of the Criminal Law (Offences at Sea) Act 1979\nby section 9, that Act continues to apply to and in relation to acts\nand omissions that take place before the commencement day as if\nit were not repealed.\n(3) For the purposes of subsection (2), if an act or omission took place\nor is alleged to have taken place on a day occurring between a day\nbefore the commencement day and a day after the commencement\nday, the act or omission is to be taken to have taken place or to\nallegedly have taken place before the commencement day.\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 4\nSchedule The Cooperative Scheme\nsection 8\nPart 1 Preliminary\n1 Definitions\n(1) In this scheme:\nadjacent area for a State has the meaning given by clause 14 of\nthis Schedule.\nAustralian ship means:\n(a) a ship registered in Australia; or\n(b) a ship that operates, or is controlled, from a base in Australia\nand is not registered under the law of another country; or\n(c) a ship that belongs to an arm of the Defence Force.\nbaseline for a State has the meaning given by clause 15 of this\nSchedule.\nforeign ship means a ship other than an Australian ship.\nindictable offence means an offence for which a charge may be\nlaid by indictment or an equivalent process (whether that is the\nonly, or an optional, way to lay a charge of the offence).\ninner adjacent area for a State means the parts of the adjacent\narea for the State that are:\n(a) on the landward side of the baseline for the State; and\n(b) on the seaward side, but within 12 nautical miles from, the\nbaseline for the State.\nintergovernmental agreement means the agreement entered into\nunder clause 5 of this Schedule.\nlaw of criminal investigation, procedure and evidence means\nlaw (including unwritten law) about:\n(a) the investigation of offences (including coronial inquiry); or\n(b) immunity from prosecution and undertakings about the use of\nevidence; or\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 5\n(c) the arrest and custody of offenders or suspected offenders; or\n(d) bail; or\n(e) the laying of charges; or\n(f) the capacity to plead to a charge, or to stand trial on a charge;\nor\n(g) the classification of offences as indictable or summary\noffences (and sub-classification within those classes); or\n(h) procedures for dealing with a charge of a summary offence; or\n(j) procedures for dealing with a charge of an indictable offence\n(including preliminary examination of the charge); or\n(k) procedures for sentencing offenders and the punishment of\noffenders; or\n(m) the hearing and determination of appeals in criminal\nproceedings; or\n(n) the rules of evidence; or\n(p) other subjects declared by regulation to be within the ambit of\nthe law of criminal investigation, procedure and evidence; or\n(q) the interpretation of laws of the kinds mentioned above.\nmaritime offence means an offence against a law that applies in\nthe adjacent area for a State under this scheme.\noffence means an indictable or summary offence.\nouter adjacent area for a State means the part of the adjacent\narea for the State that is outside the inner adjacent area for the\nState.\nparticipating State Minister means a Minister responsible for\nadministering a State Act that gives effect to this scheme.\nship means a vessel or boat of any description and includes:\n(a) a floating structure; and\n(b) a hovercraft or similar craft.\nState includes the Northern Territory.\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 6\nsubstantive criminal law means law (including unwritten law):\n(a) creating offences or imposing criminal liability for offences; or\n(b) dealing with capacity to incur criminal liability; or\n(c) providing a defence or for reduction of the degree of criminal\nliability; or\n(d) providing for the confiscation of property used in, or derived\nfrom, the commission of an offence; or\n(e) providing for the payment of compensation for injury, loss or\ndamage resulting from the commission of an offence, or the\nrestitution of property obtained through the commission of an\noffence; or\n(f) dealing with other subjects declared by regulation to be within\nthe ambit of the substantive criminal law of a State; or\n(g) providing for the interpretation of laws of the kinds mentioned\nabove.\nsummary offence means any offence other than an indictable\noffence.\n(2) The law of criminal investigation, procedure and evidence of the\nCommonwealth includes provisions of State law on the relevant\nsubjects applied under the Judiciary Act 1903 (Commonwealth).\nPart 2 Application of State criminal law in adjacent\narea\n2 Application of State criminal law in adjacent area\n(1) The substantive criminal law of a State, as in force from time to\ntime, applies, by force of the law of the State, throughout the inner\nadjacent area for the State.\n(2) The provisions of the substantive criminal law of a State, as in force\nfrom time to time, apply, by force of the law of the Commonwealth,\nthroughout the outer adjacent area for the State.\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 7\n(3) However, this clause does not:\n(a) apply to a substantive criminal law that is incapable of\napplying in an adjacent area or is limited by its express terms\nto a place within the area of a State; or\nExample:\nA law making it an offence to drive a motor vehicle at a speed exceeding a\nprescribed limit on a road could not apply in an adjacent area because of the\ninherent localizing elements of the offence. The scheme does not therefore\npurport to extend the application of such a law to the adjacent area.\n(b) give a legal effect to a provision of a substantive criminal law\nthat the provision does not have within the area of the State.\nExample:\nIf the effect of a provision of the substantive criminal law of a State is limited\nunder section 109 of the Constitution within the area of the State, the effect is\nsimilarly limited in the outer adjacent area for the State even though the provision\napplies in the outer adjacent area under the legislative authority of the\nCommonwealth.\n3 Application of laws of criminal investigation, procedure and\nevidence\n(1) In this clause:\nact includes an omission.\narea of administrative responsibility for a particular State is:\n(a) the area of the State; and\n(b) the inner adjacent area for the State; and\n(c) other parts of the adjacent area in which the State has, under\nthe intergovernmental agreement, responsibility (which may\nbe either exclusive or concurrent) for administering criminal\njustice.\nauthority includes an agent or official.\nCommonwealth judicial proceeding means:\n(a) a judicial proceeding related to a maritime offence:\n(i) initiated by an authority of the Commonwealth; or\n(ii) for the conduct of which an authority of the\nCommonwealth has assumed responsibility; or\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 8\n(b) a judicial proceeding about an investigation, procedure or act\nby an authority of the Commonwealth in relation to a maritime\noffence.\njudicial proceeding means:\n(a) a proceeding in a court (whether between parties or not) or a\nproceeding incidental to or connected with a proceeding in\ncourt; or\n(b) the laying of a charge; or\n(c) the preliminary examination of a charge of an indictable\noffence or a proceeding incidental to or connected with the\npreliminary examination of a charge of an indictable offence.\npreliminary examination of a charge of an indictable offence\nmeans a proceeding to decide whether the defendant should be\ncommitted for trial or, if the defendant pleads guilty to the charge, to\ncommit the defendant for sentence or trial.\nState judicial proceeding means:\n(a) a judicial proceeding related to a maritime offence:\n(i) initiated by an authority of a State; or\n(ii) for the conduct of which an authority of a State has\nassumed responsibility; or\n(b) a judicial proceeding about an investigation, procedure or act\nby an authority of a State in relation to a maritime offence.\n(2) The laws of criminal investigation, procedure and evidence of the\nCommonwealth and the States apply to maritime offences as\nfollows:\n(a) the law of the Commonwealth applies to investigations,\nprocedures and acts (other than judicial proceedings) by\nauthorities of the Commonwealth; and\n(b) the law of a State applies to investigations, procedures and\nacts (other than judicial proceedings) by authorities of the\nState operating within the area of administrative responsibility\nfor the relevant State; and\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 9\n(c) in a Commonwealth judicial proceeding the law of the\nCommonwealth applies and in a State judicial proceeding the\nlaw of the State in which the proceeding was commenced\napplies (subject to the Constitution) irrespective of whether:\n(i) the maritime offence arises under the law of the State in\nwhich the proceeding was commenced or another State;\nor\n(ii) the substantive criminal law against which the offence\nwas committed applies in the relevant part of the\nadjacent area under the law of the State in which the\nproceeding was commenced, another State or the\nCommonwealth.\nExample 1:\nSuppose that a person is charged by a State authority with a maritime offence on\nthe assumption that the offence was committed in the inner adjacent area for the\nState but the court is satisfied in the course of proceedings that the acts alleged\nagainst the defendant took place in the outer adjacent area for the State. In this\ncase, the court could continue with the proceedings under the procedural laws of\nthe State. However, the court could not (for example) convict the defendant on\nthe basis of a majority verdict of a jury (because to do so would be contrary to the\nCommonwealth Constitution – see Cheatle v The Queen (1993) 177 CLR 541).\nExample 2:\nSuppose that a person is charged by a State authority in a South Australian court\nwith a maritime offence alleged to have been committed in the adjacent area for\nWestern Australia. For the purposes of the proceedings, the offence would be\nclassified as a major indictable, minor indictable or summary offence according to\nthe South Australian rules and not by reference to its classification under the law\nof Western Australia or the Commonwealth.\n(3) This clause operates to the exclusion of any Commonwealth or\nState law that is inconsistent with it.\n(4) A Commonwealth or State law enacted or made after the\ncommencement of this clause is to be construed as having effect\nsubject to this clause, unless the law expressly overrides this\nclause.\n(5) The Administrative Decisions (Judicial Review) Act 1977\n(Commonwealth) does not apply to a decision taken under a State\nlaw that applies to investigations, procedures and acts by\nauthorities of the State under paragraph (b) of subclause (2).\n4 Evidentiary presumption about the locus of an offence\nIf, in proceedings for a maritime offence, an alleged act, omission or\nstate of affairs, that is an element of the offence, is proved, an\nallegation in the information or complaint that the act, omission or\nstate of affairs happened in the adjacent area, inner adjacent area\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 10\nor outer adjacent area for a particular State is taken to be proved in\nthe absence of proof to the contrary.\nPart 3 The Intergovernmental agreement\n5 Intergovernmental agreement\n(1) The Commonwealth Attorney-General, on behalf of the\nCommonwealth, and the participating State Ministers may enter into\nan agreement providing for the division of responsibility for\nadministering and enforcing the law relating to maritime offences.\n(2) The intergovernmental agreement may provide for concurrent\nresponsibility in specified parts of the adjacent area.\n6 Effect of the agreement\n(1) A charge of a maritime offence must not be brought in a court\ncontrary to the intergovernmental agreement.\n(2) If a charge of a maritime offence is brought in a court in\ncontravention of subclause (1), the court must, on application by the\nCommonwealth Attorney-General or a participating State Minister,\npermanently stay the proceedings in that court.\n(3) However:\n(a) a contravention of subclause (1) does not affect a court’s\njurisdiction; and\n(b) if a charge of a maritime offence is brought in a court, the\ncourt will not (except on an application under subclause (2))\nbe concerned to enquire into whether the intergovernmental\nagreement has been complied with.\nPart 4 Limitations and exclusions\n7 Commonwealth Attorney-General’s consent required for\ncertain prosecutions\n(1) The Commonwealth Attorney-General’s written consent is required\nbefore a charge of a maritime offence can proceed to hearing or\ndetermination or, if the offence is an indictable offence, to a\npreliminary examination in committal proceedings, if:\n(a) the offence is alleged to have been committed on or from a\nforeign ship; and\n(b) the ship is registered under the law of a country other than\nAustralia; and\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 11\n(c) the country of registration has, under international law,\njurisdiction over the alleged offence.\n(2) Before granting such a consent, the Commonwealth Attorney-\nGeneral must take into account any views expressed by the\ngovernment of the country of registration.\n(3) Even though the Commonwealth Attorney-General has not granted\nsuch a consent, the absence of consent is not to prevent or delay:\n(a) the arrest of the suspected offender or proceedings related to\narrest (such as proceedings for the issue and execution of a\nwarrant); or\n(b) the laying of a charge against the suspected offender; or\n(c) proceedings for the extradition to Australia of the suspected\noffender; or\n(d) proceedings for remanding the suspected offender in custody\nor on bail.\n(4) If the Commonwealth Attorney-General declines to grant consent,\nthe court in which the suspected offender has been charged with\nthe offence must permanently stay the proceedings.\n(5) In any proceedings, an apparently genuine document purporting to\nbe a copy of a written consent granted by the Commonwealth\nAttorney-General in accordance with this clause will be accepted,\nin the absence of proof to the contrary, as proof of such consent.\n8 Non-exclusion of consistent extraterritorial legislative\nschemes\nThis scheme does not exclude the extraterritorial operation of State\nlaw to the extent that the State law is capable of operating\nextraterritorially consistently with the scheme.\n9 Exclusion of certain laws from ambit of scheme\nThis scheme does not apply to State and Commonwealth laws\nexcluded by regulation from the ambit of the scheme.\nPart 5 Miscellaneous\n11 Interpretation\nThe Acts Interpretation Act 1901 (Commonwealth) applies to this\nscheme in the same way as to a Commonwealth Act.\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 12\n12 Regulations\n(1) The Governor-General may make regulations prescribing matters:\n(a) required or permitted by this scheme to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out, or\ngiving effect to, this scheme.\n(2) However, a regulation affecting the operation of this scheme in\nrelation to the inner adjacent area for a State may only be made\nwith the agreement of the participating State Minister for the\nrelevant State.\nPart 6 Adjacent areas\n13 Definitions\nIn this Part:\nbaseline of Australia’s territorial sea means the baseline from\nwhich the breadth of the territorial sea is to be measured under\nsection 7 of the Seas and Submerged Lands Act 1973\n(Commonwealth).\ncontinental shelf has the same meaning as in the Seas and\nSubmerged Lands Act 1973 (Commonwealth).\nterritorial sea has the same meaning as in the Seas and\nSubmerged Lands Act 1973 (Commonwealth).\n14 Adjacent areas\n(1) The adjacent area for New South Wales, Victoria, South Australia\nor Tasmania is so much of the area described in Schedule 1 to the\nOffshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)\nin relation to that State as is within the outer limits of the continental\nshelf and includes the space above and below that area.\n(2) The adjacent area for Queensland is:\n(a) so much of the area described in Schedule 1 to the Offshore\nPetroleum and Greenhouse Gas Storage Act 2006 (Cth) in\nrelation to Queensland as is within the outer limits of the\ncontinental shelf; and\n(b) the Coral Sea area (within the meaning of section 8(2) of the\nOffshore Petroleum and Greenhouse Gas Storage Act 2006\n(Cth) other than the territorial sea within the Coral Sea area; and\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 13\n(c) the areas within the outer limits of the territorial sea adjacent\nto certain islands of Queensland as determined by\nproclamation on 4 February 1983 under section 7 of the Seas\nand Submerged Lands Act 1973 (Commonwealth); and\n(d) the space above and below the areas described in\nparagraphs (a), (b) and (c).\n(3) The adjacent area for Western Australia is:\n(a) so much of the area described in Schedule 1 to the Offshore\nPetroleum and Greenhouse Gas Storage Act 2006 (Cth) in\nrelation to Western Australia as is within the outer limits of the\ncontinental shelf; and\n(b) the space above and below the area described in\nparagraph (a).\n(4) The adjacent area for the Northern Territory is:\n(a) so much of the area described in Schedule 1 to the Offshore\nPetroleum and Greenhouse Gas Storage Act 2006 (Cth) in\nrelation to the Northern Territory as is within the outer limits of\nthe continental shelf; and\n(b) the offshore area for the Territory of Ashmore and Cartier\nIslands (within the meaning of section 8(1) of the Offshore\nPetroleum and Greenhouse Gas Storage Act 2006 (Cth))\nother than the territorial sea within that area; and\n(c) the space above and below the areas described in\nparagraphs (a) and (b).\n(5) However, the adjacent area for a State does not include any area\ninside the limits of any State or Territory.\n(6) A reference in this clause to the area described in Schedule 1 to the\nOffshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)\nin relation to a State or Territory is a reference to the scheduled\narea for that State or Territory within the meaning given by that\nSchedule.\n15 Baselines\nThe baseline for a State is the part of the baseline of Australia’s\nterritorial sea from which the part of the territorial sea that is within\nthe adjacent area for that State is measured.\n\nSchedule The Cooperative Scheme\nCrimes at Sea Act 2000 14\n16 Indicative map\n(1) A map showing the various areas that are relevant to this scheme\nappears in Appendix 1 to Schedule 1 to the Crimes at Sea\nAct 2000 (Cth).\n(2) The map is intended to be indicative only. The provisions of this\nscheme and of the body of this Act prevail over the map if there is\nany inconsistency.\n\nENDNOTES\nCrimes at Sea Act 2000 15\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nCrimes at Sea Act 2000 (Act No. 73, 2000)\nAssent date 14 December 2000\nCommenced 31 March 2001 (Gaz G11, 21 March 2001, p 3)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 9 and 10 and lt.\n4 LIST OF AMENDMENTS\ns 5 amd No. 8, 2016, s 45\nsch amd No. 38, 2014, s 2; No. 21, 2022, s 4","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act implements and gives the Territory force of law to the cooperative scheme described in the preamble and Schedule (s 4; Schedule generally). It repeals the earlier Criminal Law (Offences at Sea) Act 1979 (s 9) and provides transitional savings (s 10), but does not expand the geographic or subject‑matter reach beyond the cooperative scheme's framework (inner 12 nm by State law; outer area by Commonwealth application of State law) (Schedule, cl 2)."},"complexity_factors":["Dual-source law application: substantive State law applies in the inner adjacent area by State law, and the same State substantive law is applied in the outer adjacent area by Commonwealth law (Schedule, cl 2).","Procedural-law allocation: different rules govern investigations and proceedings depending on whether Commonwealth or State authorities conduct them, and which court is used (Schedule, cl 3(2)–(3)).","Intergovernmental agreement and division of operational responsibility: the scheme depends on an agreement dividing administrative responsibility and may create concurrent jurisdictions (Schedule, cl 5–6).","Consent and centralised discretion: the Commonwealth Attorney‑General must give written consent before certain prosecutions on foreign‑registered ships proceed, and may decline, causing a permanent stay (Schedule, cl 7).","Inconsistency and exclusion rules: the scheme operates to the exclusion of inconsistent Commonwealth or State laws and later laws are to be read subject to the scheme unless they expressly override it (Schedule, cl 3(3)–(4)).","Geographic and definitional complexity: detailed definitions of adjacent areas, baselines and maps reference other Commonwealth Acts and schedules, requiring cross‑reference (Schedule, cl 13–16; references to Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)).","Evidentiary and procedural presumptions: presumptions about locus of offence and classification of offences interact with local Criminal Code definitions (Act s 5; Schedule, cl 4).","Regulation-making and limits: separate regulation powers exist at Territory and Commonwealth levels, with constraints for changes affecting inner adjacent areas requiring State Minister agreement (Act s 7; Schedule, cl 12).","Transitional and repeal mechanics: repeal of the 1979 Act with saving and transitional provisions requires attention to acts occurring around commencement (Act ss 9–10)."],"plain_english_summary":"This Act gives the Territory legal force to a cooperative scheme that extends State/Territory criminal law into offshore areas adjacent to the coast: State law applies in the inner area (within 12 nautical miles) and State law applied by the Commonwealth operates in the outer area (beyond 12 nm up to 200 nm or the continental shelf). It also allocates which procedural rules and authorities govern investigations and trials and requires publication of the intergovernmental agreement and consent rules for prosecutions on foreign‑registered ships. It affects police, prosecutors, courts and people on ships or in adjacent offshore areas."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of implementing the cooperative scheme for crimes at sea. The 2022 amendments (Justice and Licensing Legislation Further Amendment Act 2022) appear to be minor technical updates (amending the Schedule), and the 2016 amendment to section 5 relates to court procedures. There is no evidence of significant scope creep; the Act continues to do exactly what its long title states: give effect to the cooperative scheme, repeal the 1979 Act, and provide for related consequential matters."},"complexity_factors":["Dual legislative sources: The scheme applies Territory law in the inner adjacent area by Territory authority, but the same law applies in the outer adjacent area by Commonwealth authority (clause 2), creating a complex constitutional layering effect.","Extensive cross-referencing: The Act incorporates by reference the 'cooperative scheme' set out in the Schedule, which itself references the Commonwealth Seas and Submerged Lands Act 1973, the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and the Commonwealth Acts Interpretation Act 1901.","Nested definitions: 17 defined terms in the Schedule alone (clause 1), including complex composite terms like 'area of administrative responsibility' and 'law of criminal investigation, procedure and evidence'.","Conditional application rules: Clause 2(3) contains exceptions to the main rule (laws that are 'incapable of applying' or limited by express terms), plus a constitutional limitation example (section 109 inconsistency).","Jurisdictional complexity: Clause 3 creates a four-way matrix determining which procedural law applies (Commonwealth vs State) depending on: (a) who is investigating, (b) where they are operating, and (c) what type of proceeding it is.","Evidentiary presumptions: Clause 4 creates a rebuttable presumption about where offences occurred, adding procedural complexity.","Mandatory stay provisions: Clause 6(2) requires courts to permanently stay proceedings if brought contrary to the intergovernmental agreement, creating a procedural trap.","Executive consent requirement: Clause 7 requires Commonwealth Attorney-General consent for prosecutions involving foreign ships, with specific pre-conditions and consequences.","Geographic complexity: Part 6 defines adjacent areas by reference to multiple external statutes and proclamations, with special rules for Queensland (Coral Sea) and Northern Territory (Ashmore and Cartier Islands).","Intergovernmental coordination: The scheme depends on a separate 'intergovernmental agreement' not set out in the Act itself, creating external dependency."],"plain_english_summary":"**What this law does:**\n\nThis law (the **Crimes at Sea Act 2000**) is a Northern Territory law that puts into place a national agreement about how to handle crimes committed in the ocean areas next to Australia's coast. It works together with similar laws in all other Australian states and the Commonwealth.\n\n**The basic idea:**\n\nAustralia has divided the sea near its coast into zones, and different levels of government take responsibility for policing and prosecuting crimes depending on where they happen:\n\n*   **Inner zone (0–12 nautical miles from shore):** Northern Territory criminal law applies here by force of Territory law. Think of this as \"Territory waters\" where local cops and courts run the show.\n*   **Outer zone (12–200 nautical miles, or to the edge of the continental shelf):** Northern Territory criminal law still applies, but technically by force of **Commonwealth** (federal) law. This is a legal workaround because the Territory has limited constitutional power to make laws that far out to sea.\n\n**Who it affects:**\n\n*   **People on boats:** Anyone on Australian or foreign ships in these waters who commits a crime (theft, assault, drug trafficking, etc.).\n*   **Police and prosecutors:** It tells them which laws to use and which courts to use depending on where the crime happened and who is investigating.\n*   **Foreign ships:** Special rules apply if a crime involves a foreign-registered vessel—the Commonwealth Attorney-General must give permission before prosecution can proceed (to avoid diplomatic incidents).\n\n**Why it matters:**\n\nBefore this scheme, it was legally murky who could prosecute crimes happening just off the coast—especially between 12 and 200 nautical miles. This law creates a seamless \"patchwork\" where:\n\n*   The same criminal rules apply whether you're on land or in the adjacent seas (with some technical exceptions).\n*   There's no legal \"black hole\" where criminals could escape prosecution by being just outside territorial waters.\n*   It replaces an older 1979 law with a modern, nationally consistent approach.\n\n**Key features:**\n\n*   **Cooperative scheme:** The detailed rules are set out in a Schedule (attached to the Act) that mirrors identical legislation in other states.\n*   **Intergovernmental agreement:** The Commonwealth and States/Territories have a separate administrative deal about who actually investigates and prosecutes which cases.\n*   **Saving provision:** Crimes committed before this law started are still dealt with under the old 1979 law.\n\n**In short:** If you commit a crime on a boat off the Northern Territory coast, this law makes sure you can be arrested, charged, and tried using familiar Territory criminal laws—even if you're technically in international waters up to 200 nautical miles out."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to fulfil its original stated purpose of establishing a cooperative scheme for criminal jurisdiction at sea. There is no evident scope creep from its original intent, though the limited text provided makes a definitive assessment difficult."},"complexity_factors":["Involves a cooperative federal scheme requiring coordination between Commonwealth, state, and territory governments","Jurisdictional layering — different rules apply depending on how far from shore the vessel is (territorial sea, contiguous zone, high seas)","Interaction with international maritime law (UNCLOS — the UN Convention on the Law of the Sea) adds an international law dimension","Distinction between Australian-flagged vessels and foreign-flagged vessels creates parallel rule sets","Limited information provided in the source text means full complexity cannot be fully assessed from the excerpt alone","Cross-references to state and territory criminal legislation mean you cannot read this Act in isolation"],"plain_english_summary":"The Crimes at Sea Act 2000 makes clear which Australian criminal laws apply to offences committed on vessels in coastal, offshore and some international waters, and who can enforce them. It affects people aboard ships, police and border authorities, and state, territory and Commonwealth governments.\n\nIt matters because it closes jurisdictional gaps so crimes at sea can be prosecuted rather than falling into legal limbo."}},"importantCases":[],"_links":{"self":"/api/acts/nt-crimes-at-sea-act-2000","history":"/api/acts/nt-crimes-at-sea-act-2000/history","analysis":"/api/acts/nt-crimes-at-sea-act-2000/analysis","conflicts":"/api/acts/nt-crimes-at-sea-act-2000/conflicts","importantCases":"/api/acts/nt-crimes-at-sea-act-2000/important-cases","documents":"/api/acts/nt-crimes-at-sea-act-2000/documents"}}