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Criminal Code Act 1983
72AMeaning of act of piracy
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72A Meaning of act of piracy
(1) Subject to subsection (2), an act of piracy is any of the following
acts on the high seas:
(a) an act that, if committed in the Territory, would constitute an
offence against section 218(1);
(b) the boarding of a ship against the wishes or without the
knowledge of the master for the purpose of committing on the
ship an act that, if committed in the Territory, would constitute
an offence against section 156, 181, 194, 195, 202, 208H,
208HA, 208HB, 241, 243 or 245;
(c) an act committed on a ship that, if committed in the Territory,
would constitute an offence against section 156, 181, 194,
195, 202, 208H, 208HA, 208HB, 241, 243 or 245;
(d) the stealing of a ship;
(e) directly or indirectly taking control of a ship against the wishes
of the master;
(f) the confining of the master of a ship against the master's will;
(g) an act of a person on board a ship intentionally disobeying a
lawful direction of the master given for the purpose of ensuring
the safety of the ship, the crew or the passengers.
(2) Neither of the following is an act of piracy:
(a) an act of war committed under the authority of the
Commonwealth or the lawful government of a foreign state;
Criminal Code Act 1983 92
(b) the taking of control of a ship by a person against the wishes
of the master if:
(i) the person is a member of the armed forces of, or is
acting with the authority of, the Commonwealth or the
lawful government of a foreign state; and
(ii) the master had control of the ship as a result of an act
mentioned in subsection (1).
master, of a ship, means the person for the time being in control of
the ship, whether or not that control was lawfully obtained.