{"id":"nsw:act-1902-069","name":"Piracy Punishment Act 1902","slug":"piracy-punishment-act-1902","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"69 of 1902","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":112053,"registerId":"nsw-act-1902-069-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Piracy Punishment Act 1902](/view/html/inforce/current/act-1902-069).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeals","content":"#### 2 Repeals\n\n2 Repeals\n\n> The Act second Victoria number ten, so far as the same adopts the Imperial Act first Victoria chapter eighty-eight is hereby repealed, except as to offences committed and things done or commenced before the passing of this Act, which shall be dealt with and continued, and in respect of which every right and liability shall remain as if this Act had not been passed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal of so much of certain Acts as relates to punishment","content":"#### 3 Repeal of so much of certain Acts as relates to punishment\n\n3 Repeal of so much of certain Acts as relates to punishment\n\n> So much of the Imperial Acts mentioned in the Schedule hereto as relates to the punishment of the crime of piracy or of any offence by any of the said Acts declared to be piracy or of accessories thereto, is hereby repealed.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Punishment where piracy accompanied by assault with intent to murder etc","content":"#### 4 Punishment where piracy accompanied by assault with intent to murder etc\n\n4 Punishment where piracy accompanied by assault with intent to murder etc\n\n> Whosoever with intent to commit, or at the time of, or immediately before, or immediately after, committing the crime of piracy, in respect of any ship or vessel, assaults with intent to murder any person being on board of or belonging to such ship or vessel, or\n> \n> > stabs, cuts, or wounds any such person, or unlawfully does any act by which the life of any such person may be endangered\n> \n> shall be liable to penal servitude for life.\n> \n> **s 4:** Am 1985 No 59, Sch 1.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Punishment in other cases","content":"#### 5 Punishment in other cases\n\n5 Punishment in other cases\n\n> Whosoever commits any offence which by any of the Imperial Acts mentioned in the Schedule hereto amounts to the crime of piracy and is thereby made punishable with death, shall be liable to penal servitude for life or for any term of years not less than fifteen or to imprisonment for any term not exceeding three years.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Punishment of accessories","content":"#### 6 Punishment of accessories\n\n6 Punishment of accessories\n\n> In the case of every felony punishable under this Act:\n> \n> > every principal in the second degree, and every accessory before the fact shall be punishable in the same manner as the principal in the first degree is by this Act punishable, and\n> \n> > every accessory after the fact shall be liable to imprisonment for any term not exceeding two years.\n> \n> **s 6:** Am 1985 No 59, Sch 1.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Where persons may be sentenced to imprisonment, hard labour or solitary confinement may be ordered","content":"#### 7 Where persons may be sentenced to imprisonment, hard labour or solitary confinement may be ordered\n\n7 Where persons may be sentenced to imprisonment, hard labour or solitary confinement may be ordered\n\n> Where any person is convicted of an offence punishable under this Act for which imprisonment may be awarded, the Court\n> \n> > may sentence the person to be imprisoned, or imprisoned and kept to hard labour in the common gaol or house of correction, and\n> \n> > may direct that the person be kept in solitary confinement for any portion or portions of such imprisonment or imprisonment with hard labour not exceeding one month at any one time, and not exceeding three months in any one year.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Nothing herein to affect Acts regulating management of prisons","content":"#### 8 Nothing herein to affect Acts regulating management of prisons\n\n8 Nothing herein to affect Acts regulating management of prisons\n\n> Nothing in this Act shall affect the provisions of any Act relating to the management and control of prisons.","sortOrder":7},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n(Sections 3, 5)\n\n| Reference to Act | Title or short title |\n| 28 Hen VIII, c 15 | For Pirates. |\n| 11 & 12 W III, c 7 | An Act for the more effectual suppression of piracy. |\n| 4 Geo I, c 2, s 7 | An Act for the further preventing robbery, burglary, and other felonies; and for the more effectual transportation of felons and unlawful exporters of wool; and for declaring the law upon some points relating to pirates. |\n| 8 Geo I, c 24 | An Act for the more effectual suppressing of piracy. |\n| 18 Geo II, c 30 | An Act to amend an Act made in the eleventh year of the reign of King William the Third intituled an Act for the more effectual suppression of piracy. |","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: updating punishment for piracy offences. It does not appear to have expanded beyond this narrow criminal law remit."},"complexity_factors":["Short statute with only 8 operative sections plus a schedule","Minimal defined terms (relies on common law understanding of 'piracy', 'principal', 'accessory')","Simple conditional structure: basic piracy vs. violent piracy in section 4","Some archaic language ('whosoever', 'penal servitude', 'gaol') reflecting 1902 drafting style","Cross-references to repealed Imperial Acts listed in Schedule, but these are historical references rather than active interdependencies","No nested exceptions or complex procedural requirements"],"plain_english_summary":"This 1902 law updates how Australia punishes piracy (the crime of attacking or robbing ships at sea).\n\n**What it does:**\n- **Abolishes the death penalty** for piracy, replacing it with life imprisonment (called \"penal servitude for life\") or lengthy prison terms\n- Sets harsher penalties when piracy involves violence like attempted murder, stabbing, or endangering lives\n- Defines punishments for people who help pirates (accessories) — those who assist before the crime face the same punishment as the pirates themselves; those who help after face up to 2 years in prison\n- Allows courts to add hard labour and solitary confinement (up to 3 months per year) to prison sentences\n- Repeals (cancels) old British laws from the 1500s-1700s that previously governed piracy punishments in Australia\n\n**Who it affects:**\nAnyone charged with piracy or assisting pirates in Australian waters. It also affects judges deciding sentences for these crimes.\n\n**Why it matters:**\nThis was a significant criminal justice reform. It moved Australia away from Britain's ancient piracy laws (some dating back to Henry VIII in 1536) and eliminated the death penalty for this crime. It reflects Australia's shift toward distinct colonial criminal laws rather than simply adopting British statutes."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act consolidates and replaces older Imperial Acts regarding piracy punishment without expanding the scope of what constitutes piracy or who is affected. It merely updates penalties and repeals outdated laws."},"complexity_factors":["Very short act (only 8 sections plus a schedule)","Simple structure: defines penalties for piracy and related offences","Minimal cross-references: only references to Imperial Acts listed in schedule","No complex definitions or conditional logic","Uses archaic terms like 'penal servitude' and 'hard labour' but these are straightforward"],"plain_english_summary":"This Act sets the penalties for the crime of piracy in Australia. It replaces older British laws (Imperial Acts) that previously governed piracy punishment. The Act applies to anyone committing piracy on a ship or vessel. If someone commits piracy and also assaults with intent to murder, stabs, cuts, wounds, or endangers life, they face life imprisonment (penal servitude for life). For other piracy offences that were previously punishable by death under the old laws, the penalty is life imprisonment or a minimum of 15 years, or up to 3 years in prison. People who help commit piracy (as an accessory before the fact) face the same penalty as the main offender. Those who help after the fact (e.g., hiding a pirate) face up to 2 years in prison. Courts can also order hard labour or solitary confinement as part of the punishment, subject to limits. The Act does not affect laws governing prison management."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have retained its original narrow scope — punishing piracy. No amendments are evident that would have broadened or narrowed its application. The 1994 version date likely reflects a technical consolidation rather than any substantive change in scope."},"complexity_factors":["The legislation text provided is almost entirely website navigation metadata — the actual substantive provisions of the Act are not included in the supplied text, making analysis of its legal content extremely limited","What little can be inferred is a narrow, single-subject criminal law dealing with a very specific and rarely prosecuted offence (maritime piracy)","The interaction between this old NSW Act and overlapping Commonwealth criminal law (which now largely covers piracy) adds a minor layer of jurisdictional complexity","The Act's age (1902) means it may use archaic legal language and concepts if the full text were reviewed"],"plain_english_summary":"## Piracy Punishment Act 1902 (NSW)\n\nThis is a **very old New South Wales law** — originally passed in 1902 — that deals with the **punishment of piracy** (violent robbery or hijacking committed at sea).\n\n### What does it do?\nThe Act sets out penalties for people convicted of piracy. Historically, piracy was one of the most serious crimes under both English and colonial law, often carrying the death penalty.\n\n### Who does it affect?\nIn practical terms, this law affects **virtually nobody in modern Australia**. Maritime piracy in NSW waters is extraordinarily rare, and serious piracy offences are now primarily handled under **Commonwealth (federal) law** — specifically the *Criminal Code Act 1995* (Cth) — which has Australia-wide reach over international waters.\n\n### Why does it still exist?\nThe Act has remained on the NSW statute books since 1902 with no substantive changes recorded (the current version dates from 12 December 1994, likely reflecting a minor administrative update rather than any change to the law's substance). Its continued existence is largely a legal housekeeping matter.\n\n### Bottom line\nUnless you're a maritime lawyer or legal historian, this Act has **no meaningful impact on your daily life**. It is a relic of colonial-era law that has been largely superseded by federal legislation. The fact that it remains 'in force' is more a reflection of legislative inertia than ongoing practical relevance."}},"importantCases":[],"_links":{"self":"/api/acts/piracy-punishment-act-1902","history":"/api/acts/piracy-punishment-act-1902/history","analysis":"/api/acts/piracy-punishment-act-1902/analysis","conflicts":"/api/acts/piracy-punishment-act-1902/conflicts","importantCases":"/api/acts/piracy-punishment-act-1902/important-cases","documents":"/api/acts/piracy-punishment-act-1902/documents"}}