{"id":"tas:act-1976-034","name":"Offshore Waters Jurisdiction Act 1976","slug":"offshore-waters-jurisdiction-act-1976","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"34 of 1976","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110167,"registerId":"tas-act-1976-034-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Offshore Waters Jurisdiction Act 1976](/view/html/inforce/2026-04-12/act-1976-034) .","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Application of Acts territorially","content":"### 2 Application of Acts territorially\n\n> > (1)  It is hereby declared and enacted that to the extent that it is necessary for the peace, order, and good government of the State the penal laws of the State apply to acts and omissions occurring in, on, under, or over –\n> > \n> > > > (a) the internal waters adjacent to the coast of the State;\n> > > \n> > > > (b) the territorial sea adjacent to the coast of the State; and\n> > > \n> > > > (c) so much of the area referred to in [subsection (2)](#GS2@Gs2@EN) as is beyond those waters and that sea.\n> \n> > (2)  The area referred to in [subsection (1)](#GS2@Gs1@EN) [(c)](#GS2@Gs1@Hpc@EN) is the area that lies to the southward of Wilson's Promontory in 39 degrees and 12 minutes of south latitude and to the northward of the 45th degree of south latitude, and between the 140th and 150th degrees of longitude east of Greenwich.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In this Act –\n> \n> > ***internal waters*** means any waters of the sea on the landward side of the baseline of the territorial sea;\n> \n> > ***penal laws*** means so much of the law of the State as relates to offences and the taking of proceedings or other action in relation thereto;\n> \n> > ***territorial sea*** means the territorial sea of Australia so far as it extends from time to time.","sortOrder":2}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The supplied text sets out the Act's territorial reach and definitions; it does not indicate any amendment or narrowing/widening from an earlier or different stated purpose. The Act applies State penal laws to the listed maritime zones as declared in the text (s 2–3)."},"complexity_factors":["Use of broad constitutional-style phrase \"to the extent that it is necessary for the peace, order, and good government of the State\" creates discretionary scope for application (s 2(1))","Layering of three geographic categories (internal waters, territorial sea, and a specified offshore area) requires geographic and legal boundary work (s 2(1)(a)-(c))","Specified offshore area defined by precise coordinates introduces technical geographic scope that may interact with other maritime boundaries (s 2(2))","Dynamic reference to \"territorial sea\" as it \"extends from time to time\" makes jurisdictional reach variable and time-dependent (s 3)","Definition of \"penal laws\" ties application to the full range of State offences and proceedings, raising questions about enforcement mechanisms and inter-jurisdictional interaction (s 3)"],"plain_english_summary":"This Act declares that a State's penal laws apply to acts and omissions in its internal waters, the adjacent territorial sea, and a specified offshore area defined by latitude/longitude (s 2). It therefore extends State criminal jurisdiction to those maritime zones.\n\nWho is affected: people and operators in those waters may be prosecuted under State penal law (definition of \"penal laws\", s 3). Who decides and enforces: State authorities bring proceedings; the territorial reach changes with how \"territorial sea\" extends (s 3), creating variable compliance and enforcement exposure."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of extending State penal law jurisdiction to offshore waters. The scope has not expanded beyond this core territorial application function."},"complexity_factors":["Only 3 defined terms in the interpretation section","Single operative provision with straightforward territorial application","No cross-references to other legislation beyond internal subsection references","Minimal conditional logic—only the 'to the extent necessary for peace, order, and good government' qualifier","Extremely short statute (3 sections total)","Geographic coordinates provided in plain text rather than by reference to external instruments"],"plain_english_summary":"This law extends the reach of a State's criminal laws to cover activities happening in waters off its coast. It ensures that if someone commits a crime in the sea areas adjacent to the State—including internal waters (bays, harbours, and other waters on the landward side of the coastline), the territorial sea (the ocean area up to 12 nautical miles from shore), and a specific offshore zone between Wilson's Promontory and the 45th parallel south—the State can prosecute them as if the crime happened on land. The specific offshore zone mentioned covers the area between 39°12'S and 45°S latitude, and between 140°E and 150°E longitude (essentially the waters off southern Victoria and northern Tasmania). This matters because without this law, there could be legal gaps about which court system handles crimes committed at sea."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available information, the Act appears to have remained substantively unchanged since at least 1 February 1997. No evidence of scope expansion or contraction from its original 1976 intent is apparent from the provided text, though the limited content available restricts a definitive conclusion."},"complexity_factors":["Involves constitutional division of powers between state and federal governments — an inherently complex legal area in Australia","Offshore jurisdiction law intersects with international law concepts (territorial sea, exclusive economic zone) which adds interpretive layers","Legislation dates from 1976, meaning it must be read alongside decades of subsequent Commonwealth offshore legislation","The document provided is largely metadata/administrative information rather than substantive provisions, making full analysis difficult","Relatively stable law (unchanged since at least 1997) suggesting limited practical complexity in day-to-day application"],"plain_english_summary":"The Offshore Waters Jurisdiction Act 1976 (Tasmania) sets out Tasmania’s legal reach over offshore coastal waters, clarifying where Tasmanian laws apply at sea. It affects people and businesses operating in those waters (fishers, miners, marine operators) and agencies that enforce state law.\n\nThis matters because state and federal powers overlap offshore; the Act helps determine which fishing, environmental and criminal rules apply. Note: the available document is sparse and appears largely administrative, limiting full assessment of practical impact."}},"importantCases":[],"_links":{"self":"/api/acts/offshore-waters-jurisdiction-act-1976","history":"/api/acts/offshore-waters-jurisdiction-act-1976/history","analysis":"/api/acts/offshore-waters-jurisdiction-act-1976/analysis","conflicts":"/api/acts/offshore-waters-jurisdiction-act-1976/conflicts","importantCases":"/api/acts/offshore-waters-jurisdiction-act-1976/important-cases","documents":"/api/acts/offshore-waters-jurisdiction-act-1976/documents"}}