Commonwealth Consolidated Acts

CRIMES (SHIPS AND FIXED PLATFORMS) ACT 1992 - SECT 20

(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) is guilty of an offence.

Penalty: $2,000.

(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: