Part 4Offences

Part 4—Offences 9—Object of Part (1) The object of this Part is to further the purposes of this Act by providing for an offence against the applied provisions to be treated as if it were an offence against a law of the Commonwealth. (2) The purposes for which an offence is to be treated as mentioned in subsection (1) include, for example (but are not limited to)— (a) the investigation and prosecution of offences; and (b) the arrest, custody, bail, trial and conviction of offenders or persons charged with offences; and (c) proceedings relating to a matter referred to in paragraph (a) or (b); and (d) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and (e) the sentencing, punishment and release of persons convicted of offences; and (f) fines, penalties and forfeitures; and (g) infringement notices in connection with offences; and (h) liability to make reparation in connection with offences; and (i) proceeds of crime; and (j) spent convictions. (3) For the purposes of this Part, a reference to offences includes a reference to contraventions for which a civil penalty may be imposed. 10—Application of Commonwealth criminal laws to offences against applied provisions (1) The relevant Commonwealth laws apply as laws of this State in relation to an offence against the applied provisions as if those provisions were a law of the Commonwealth and not a law of this State. (2) For the purposes of a law of this State, an offence against the applied provisions— (a) is taken to be an offence against the laws of the Commonwealth, in the same way as if those provisions were a law of the Commonwealth; and (b) is taken not to be an offence against the laws of this State. (3) Subsection (2) has effect for the purposes of a law of this State except as provided by the regulations. 11—Functions and powers conferred on Commonwealth officers and authorities relating to offences (1) A Commonwealth law applying because of section 10 that confers on a Commonwealth officer or authority a function or power in relation to an offence against the Commonwealth domestic commercial vessel national law also confers on the officer or authority the same function or power in relation to an offence against the corresponding provision of the applied provisions. (2) In performing a function or exercising a power conferred by this section, the Commonwealth officer or authority must act as nearly as practicable as the officer or authority would act in performing or exercising the same function or power in relation to an offence against the corresponding provision of the Commonwealth domestic commercial vessel national law. 12—No double jeopardy for offences against applied provisions If— (a) an act or omission is an offence against both the applied provisions and an offence against the Commonwealth domestic commercial vessel national law; and (b) the offender has been punished for that offence under the Commonwealth domestic commercial vessel national law, the offender is not liable to be punished for the offence under the applied provisions.