Division 2Powers of ship’s master

An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms ## Part 1—Preliminary #### 1 Short title This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992. #### 2 Commencement (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia. (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia. #### 3 Interpretation (1) In this Act, unless the contrary intention appears: > Australian ship has the same meaning as in the Shipping Registration Act 1981. > Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1. > Convention State means a State Party to the Convention, but does not include Australia. > engage in conduct means: (a) do an act; or (b) omit to perform an act. > fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes. > foreign country means a place outside Australia that is: (a) an independent sovereign state; or (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state. > international voyage means a voyage that passes, or is scheduled to pass: (a) through seas beyond the territorial sea of any state; or (b) through the territorial seas of more than one state. > private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state. > Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2. > Protocol State means a State Party to the Protocol, but does not include Australia. > ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up. (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force. #### 4 Act extends to external Territories This Act extends to all external Territories. #### 5 Extraterritorial application This Act extends, unless the contrary intention appears: (a) to acts, matters and things outside Australia; and (b) to all persons, whatever their nationality or citizenship. #### 5A Application of the Criminal Code (1) Chapter 2 of the Criminal Code applies to all offences against this Act. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory. (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28. #### 6 Effect of this Act on other laws (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory. #### 7 Convictions under foreign laws If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct. ## Part 2—Provisions relating to the Convention ### Division 1—Offences in relation to ships #### 8 Seizing a ship A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation. Penalty: Life imprisonment. #### 9 Acts of violence A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship. Penalty: 15 years imprisonment. #### 10 Destroying or damaging a ship (1) A person must not engage in conduct that causes the destruction of a private ship. Penalty: Life imprisonment. (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship. Penalty: Life imprisonment. #### 11 Placing destructive devices on a ship (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship. (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship. Penalty: 15 years imprisonment. #### 12 Destroying or damaging navigational facilities A person must not engage in conduct that causes: (a) the destruction of maritime navigational facilities; or (b) serious damage to such facilities; or (c) serious interference with the operation of such facilities; if the destruction, damage or interference is likely to endanger the safe navigation of a private ship. Penalty: 15 years imprisonment. #### 13 Giving false information A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship. Penalty: 15 years imprisonment. #### 14 Causing death A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence. Penalty: Life imprisonment. #### 15 Causing grievous bodily harm A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence. Penalty: 15 years imprisonment. #### 16 Causing injury to a person A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence. Penalty: 10 years imprisonment. #### 17 Threatening to endanger a ship (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned. Penalty: 2 years imprisonment. (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act. #### 18 Commencement of proceedings (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed: (a) the ship concerned was: (i) on, or scheduled to engage in, an international voyage; or (ii) in the territorial sea or internal waters of a foreign country; and (b) the alleged offence had an Australian element or a Convention State element. (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence. (3) For the purposes of this section, an offence against this Division had an Australian element if: (a) the ship concerned was an Australian ship; or (b) the alleged offender was a national of Australia. (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied: (a) the ship concerned was a ship flying the flag of a Convention State; (b) the ship concerned was in the territorial sea or internal waters of a Convention State; (c) the alleged offender was a national of a Convention State; (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention; (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention; (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention. (5) In this section: > offence against this Division 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. ### Division 2—Powers of ship’s master #### 19 Arrest of offenders etc. (1) A ship’s master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1. (2) A ship’s master may hold an alleged offender in custody only until he or she can deliver the alleged offender to: (a) the appropriate authorities of any Convention State; or (b) another appropriate authority. #### 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. ## Part 3—Provisions relating to the Protocol #### 21 Seizing control of a fixed platform A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation. Penalty: Life imprisonment. #### 22 Acts of violence A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform. Penalty: 15 years imprisonment. #### 23 Destroying or damaging a fixed platform A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety. Penalty: Life imprisonment. #### 24 Placing destructive devices on a fixed platform A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety. Penalty: 15 years imprisonment. #### 25 Causing death A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence. Penalty: Life imprisonment. #### 26 Causing grievous bodily harm A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence. Penalty: 15 years imprisonment. #### 27 Causing injury to a person A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence. Penalty: 10 years imprisonment. #### 28 Threatening to endanger a fixed platform (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform. Penalty: 2 years imprisonment. (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act. #### 29 Commencement of proceedings (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed: (a) the platform concerned was beyond the Australian territorial sea; and (b) the alleged offence had an Australian element or a Protocol State element. (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence. (3) For the purposes of this section, an offence against this Part had an Australian element if: (a) the fixed platform concerned was on the Australian continental shelf; or (b) the alleged offender was a national of Australia. (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied: (a) the fixed platform concerned was on the continental shelf of a Protocol State; (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State; (c) the alleged offender was a national of a Protocol State; (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol; (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol; (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol. (5) In this section: > offence against this Part 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 21 to 27. ## Part 4—Miscellaneous #### 30 Written consent of Attorney‑General required (1) A prosecution for an offence: (a) against Division 1 of Part 2 or Part 3; or (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27; may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent. (2) Despite subsection (1): (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and (b) a person may be charged with an offence against this Act; and (c) a person so charged may be remanded in custody or on bail; but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General’s consent has been given. (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time. #### 31 No prosecution except on indictment Despite section 4J of the Crimes Act 1914, an offence: (a) against Division 1 of Part 2 or Part 3; or (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27; may not be tried except on indictment. #### 32 Evidence of certain matters A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following: (a) that a specified State was, at specified times, a Convention or Protocol State; (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol; (c) that specified waters were, at a specified time: (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or (ii) beyond the territorial sea of Australia and of any foreign country; is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate. #### 33 Section 38 of the Judiciary Act A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty.