20Ship’s master may deliver alleged offenders to Convention State

20 Ship’s master may deliver alleged offenders to Convention State

(1) A ship’s master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1. (2) A ship’s master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State: (a) of his or her intention to deliver the person to the authorities; and (b) of his or her reasons for intending to do so. (3) A notification under subsection (2) must be given: (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or (b) in any other case‑as soon as is reasonably practicable. (4) If a ship’s master delivers a person under subsection (1), he or she must: (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master’s possession. (5) A ship’s master who fails to comply with subsection (3) or (4) commits an offence.

Penalty: 20 penalty units.

(5A) Subsection (5) does not apply if the ship’s master has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code).

(6) In this section:

offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16.

ship’s master means the master of an Australian ship.