Part 2 Application of state criminal law in adjacent area

2.   Application of State criminal law in adjacent area

(1) The substantive criminal law of a State, as in force from time to time, applies, by force of the law of the State, throughout the inner adjacent area for the State.

(2) The provisions of the substantive criminal law of a State, as in force from time to time, apply, by force of the law of the Commonwealth, throughout the outer adjacent area for the State.

(3) However, this clause does not –

(a) apply to a substantive criminal law that is incapable of applying in an adjacent area or is limited by its express terms to a place within the area of a State; or

(b) give a legal effect to a provision of a substantive criminal law that the provision does not have within the area of the State.

3.   Application of laws of criminal investigation, procedure and evidence

(1) In this clause –

act includes an omission;

area of administrative responsibility for a particular State is –

(a) the area of the State; and

(b) the inner adjacent area for the State; and

(c) other parts of the adjacent area in which the State has, under the intergovernmental agreement, responsibility (which may be either exclusive or concurrent) for administering criminal justice;

authority includes an agent or official;

Commonwealth judicial proceeding means –

(a) a judicial proceeding related to a maritime offence –

(i) initiated by an authority of the Commonwealth; or