Part 4 Limitations and exclusions

7.   Commonwealth Attorney-General's consent required for certain prosecutions

(1) The Commonwealth Attorney-General's written consent is required before a charge of a maritime offence can proceed to hearing or determination or, if the offence is an indictable offence, to a preliminary examination in committal proceedings, if –

(a) the offence is alleged to have been committed on or from a foreign ship; and

(b) the ship is registered under the law of a country other than Australia; and

(c) the country of registration has, under international law, jurisdiction over the alleged offence.

(2) Before granting such a consent, the Commonwealth Attorney-General must take into account any views expressed by the government of the country of registration.

(3) Even though the Commonwealth Attorney-General has not granted such a consent, the absence of consent is not to prevent or delay –

(a) the arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or

(b) the laying of a charge against the suspected offender; or

(c) proceedings for the extradition to Australia of the suspected offender; or

(d) proceedings for remanding the suspected offender in custody or on bail.

(4) If the Commonwealth Attorney-General declines to grant consent, the court in which the suspected offender has been charged with the offence must permanently stay the proceedings.

(5) In any proceedings, an apparently genuine document purporting to be a copy of a written consent granted by the Commonwealth Attorney-General in accordance with this clause is to be accepted, in the absence of proof to the contrary, as proof of such consent.

8.   Non-exclusion of consistent extraterritorial legislative schemes

This scheme does not exclude the extraterritorial operation of State law to the extent that the State law is capable of operating extraterritorially consistently with the scheme.