TIMOR GAP TREATY (TRANSITIONAL ARRANGEMENTS) ACT 2000 NO. 25, 2000 - SCHEDULE 2
- Other Acts
TIMOR GAP TREATY (TRANSITIONAL ARRANGEMENTS) ACT 2000 NO. 25, 2000 - SCHEDULE 2
- Other Acts
Crimes at Sea Act 1979
1 Subsection 3(1) (definition of Area A of the Zone of
Cooperation )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
2
Subsection 3(1)
Insert: East Timor :
- (a)
- during the period of the administration of the United Nations Transitional
Administration in East Timor ( UNTAET ) means:
- (i)
- when referred to in a geographic sense—the territory administered by
UNTAET under United Nations Security Council Resolution 1272 (1999) of 25
October 1999 at New York; and
- (ii)
- when referred to as a body politic—UNTAET; and
- (b)
- after the territory ceases to be administered by UNTAET—has the
meaning given by the regulations.
3 Subsection 3(1) (definition of Indonesia )
Repeal the definition.
4
Paragraphs 9A(2)(b) and (c)
Omit "Indonesia", substitute "East Timor".
5
Paragraphs 9A(3)(a) and (b)
Omit "of Indonesia", substitute "in force in East
Timor".
6 Paragraph 9A(3)(c)
Omit "Indonesia", substitute "East Timor".
7
Subsection 9A(6) (definition of petroleum )
Omit "the Schedule to the
Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 ", substitute
"Schedule 1 to the Petroleum (Timor Gap Zone of Cooperation) Act 1990 ".
-
Note: The heading to section 9A is altered by omitting " Australia-Indonesia
".
8 Subsection 17A(1)
Omit "Indonesia" (first occurring), substitute "East
Timor".
9 Subsection 17A(1)
Omit "a criminal law of Indonesia", substitute
"a criminal law in force in East Timor".
10 Subparagraphs 17A(1)(b)(iii) and
(iv)
Omit "Indonesia", substitute "East Timor".
- Note: The heading to
section 17A is altered by omitting " Indonesian laws " and substituting " the
laws of East Timor ".
11 Subsection 17B(1)
Omit "Indonesia", substitute "East Timor".
12 Paragraph
17B(2)(a)
Omit "Indonesian authorities", substitute "authorities of East
Timor".
13 Subparagraph 17B(2)(b)(i)
Omit "Indonesian authorities",
substitute "authorities of East Timor".
14 Subparagraph 17B(2)(c)(i)
Omit
"of Indonesia", substitute "in force in East Timor".
15 Subparagraph
17B(2)(c)(ii)
Omit "Indonesian authorities", substitute "authorities of East
Timor".
16 Subsection 17B(3)
Omit "Australian or Indonesian authority",
substitute "authority of Australia or East Timor".
17 Application
Section 9A
of the Crimes at Sea Act 1979 , as in force immediately before the
transition time, continues to apply to acts covered by it (as so in force)
done before the transition time.
Crimes at Sea Act 2000
18 Section 4
Insert: Area A of the Zone of Cooperation has the same meaning as in the
Petroleum (Timor Gap Zone of Cooperation) Act 1990 .
19 Section 4
Insert: East Timor :
- (a)
- during the period of the administration of the United Nations Transitional
Administration in East Timor ( UNTAET ) means:
- (i)
- when referred to in a geographic sense—the territory administered by
UNTAET under United Nations Security Council Resolution 1272 (1999) of 25
October 1999 at New York; and
- (ii)
- when referred to as a body politic—UNTAET; and
- (b)
- after the territory ceases to be administered by UNTAET—has the
meaning given by the regulations.
20 Section 4
Insert: law of criminal investigation, procedure and evidence
has the same meaning as in clause 1 of Schedule 1.
21 Section 4
Insert: petroleum has the same meaning as in the Treaty set
out in Schedule 1 to the Petroleum (Timor Gap Zone of Cooperation) Act 1990.
22 Section 4
Insert: police officer means a member or special member of the
Australian Federal Police or a member of the police force or police service of
a State or Territory.
23 After Part 3
Insert:
Part 3A—Cooperation between Australia and East Timor in the enforcement
of criminal law
6A Criminal laws applicable in Area A of the Zone of Cooperation - (1)
- The
provisions of the substantive criminal law in force in the Northern Territory
from time to time apply to a criminal act done in Area A of the Zone of
Cooperation that is connected with, or arises out of, the exploration for, or
exploitation of, petroleum resources as if the act had been done in the
Northern Territory.
- (2)
- However, the relevant substantive criminal law does not apply to:
- (a)
- an act done on or from a ship or aircraft; or
- (b)
- an act done by a national of East Timor who is not also a national of
Australia; or
- (c)
- an act done by a permanent resident of East Timor who is not also a
national of Australia.
- (3)
- Proceedings for an offence against a substantive criminal law as applied
under this section may not be instituted against a person if:
- (a)
- the person has been acquitted or discharged without penalty in proceedings
for an offence against a law in force in East Timor arising out of the same
act; or
- (b)
- the person has incurred a penalty under a law in force in East Timor for
such an offence; or
- (c)
- a competent authority of East Timor has decided not to prosecute the
person for such an offence.
- (4)
- A prosecution for an offence against a law applied by subsection (1) may
only be heard and determined if the Attorney-General consents in writing to
the prosecution.
- (5)
- Although the Attorney-General has not consented to a prosecution under
subsection (4):
- (a)
- a person may be arrested for the offence, and a warrant for the arrest of
a person for the offence may be issued and executed; and
- (b)
- a person may be charged with the offence; and
- (c)
- a person charged with the offence may be remanded in custody or on bail.
- (6)
- The provisions of the laws of criminal investigation, procedure and
evidence in force in the Commonwealth and the States from time to time apply
to a criminal act done in Area A of the Zone of Cooperation that is connected
with, or arises out of, the exploration for, or exploitation of, petroleum
resources in the same way as those provisions apply to maritime offences under
clause 3 of Schedule 1.
- (7)
- In this section:
criminal act means an act that would, if done in the Northern Territory,
contravene the substantive criminal law in force in the Northern Territory.
State includes the Northern Territory.
6B Transit of persons accused of offences against the laws of East Timor - (1)
- If East Timor wishes to transport in custody through Australia a person (the
accused ) who has been arrested for an offence against a criminal law in force
in East Timor that applies in Area A of the Zone of Cooperation, the following
provisions apply:
- (a)
- the accused may be transported in custody through Australia; and
- (b)
- if an aircraft or ship transporting the accused makes a landing or calls
at a place in Australia:
- (i)
- the person holding the accused in custody before the landing or call is
made may hold the accused in custody for not more than 24 hours; and
- (ii)
- a police officer may provide reasonable and necessary assistance to
facilitate the transport of the accused in custody; and
- (iii)
- a magistrate to whom application is made, according to the regulations,
on behalf of East Timor is required to issue a warrant ordering a person
specified in the warrant to hold the accused in custody for a period or
periods the magistrate considers necessary to facilitate the transport of the
accused in custody; and
- (iv)
- the Attorney-General may, on application on behalf of East Timor,
authorise, in writing, a magistrate to issue a warrant ordering a person
specified in the warrant to hold the accused in custody for a further
specified period in order to facilitate the transport of the accused in
custody; and
- (v)
- the Attorney-General may at any time direct a person having custody of the
accused under this paragraph to release the accused; and
- (vi)
- the total period of custody under subparagraphs (i) and (iii) must not
exceed 96 hours.
- (2)
- A police officer may, without warrant, arrest a person if the officer has
reasonable grounds for believing that the person has escaped from custody
authorised by subsection (1).
- (3)
- A person arrested under subsection (2) must be returned to custody.
- (4)
- For the purposes of this section, a place at which an aircraft or ship
begins its journey or voyage is to be treated as a place at which the aircraft
has landed, or the ship has called, as the case requires.
6C Agreements relating to enforcement of criminal laws in Area A of the Zone
of Cooperation - (1)
- The regulations may give effect to an agreement or
arrangement between Australia and East Timor about the enforcement of criminal
laws applying in Area A of the Zone of Cooperation.
- (2)
- The regulations may, for example:
- (a)
- provide for the production of documents, the summoning of witnesses and
the taking of evidence by authorities of East Timor for use in proceedings in
Australia; and
- (b)
- provide for:
- (i)
- the apprehension and detention in Area A of the Zone of Cooperation, by
authorities of East Timor, of persons accused of offences against criminal
laws of Australia applied under this Part; and
- (ii)
- the transport and surrender, in Area A of the Zone of Cooperation or
elsewhere, of the persons to Australian authorities; and
- (c)
- provide for:
- (i)
- the apprehension and detention in Area A of the Zone of Cooperation, by
Australian authorities, of persons accused of offences against criminal laws
in force in East Timor; and
- (ii)
- the transport and surrender, in Area A of the Zone of Cooperation or
elsewhere, of the persons to authorities of East Timor; and
- (d)
- prescribe the practice and procedure of magistrates in performing
functions under regulations made for the purposes of this section.
- (3)
- A provision for detention of a person under this section may only
authorise detention until the time it first becomes practicable to surrender
the person to an appropriate authority of Australia or East Timor.
- (4)
- A provision made under paragraph (2)(c) excludes the application of the
Extradition Act 1988 from offences to which the provision applies.
24 Subclause 1(1) of Schedule 1 (definition of Area A of the Zone of
Cooperation )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
25
Schedule 2 (heading immediately before item 7)
Repeal the heading,
substitute:
Petroleum (Timor Gap Zone of Cooperation) Act 1990
Customs Act 1901
26 Subsection 4(1) (definition of Area A of the Zone of
Cooperation )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
27
Subsection 4(1)
Insert: East Timor :
- (a)
- during the period of the administration of the United Nations Transitional
Administration in East Timor ( UNTAET ) means:
- (i)
- when referred to in a geographic sense—the territory administered by
UNTAET under United Nations Security Council Resolution 1272 (1999) of 25
October 1999 at New York; and
- (ii)
- when referred to as a body politic—UNTAET; and
- (b)
- after the territory ceases to be administered by UNTAET—has the
meaning given by the regulations.
28 Subsection 4(1) (definition of Indonesia )
Repeal the definition.
29
Subsection 58B(1) (definition of external place )
Omit "Indonesia",
substitute "East Timor".
30 Subsections 58B(2), (3), (4) and (5)
Omit
"Indonesia", substitute "East Timor".
31 Subsection 131AA(3)
Omit "the
Schedule", substitute "Schedule 1".
32 Subsection 131AA(3)
Omit "
Australia-Indonesia ", substitute " Timor Gap ".
Fringe Benefits Tax Assessment Act 1986
33 Subsection 67(12)
Omit "
Australia-Indonesia ", substitute " Timor Gap ".
Income Tax Assessment Act 1936
34 Subsection 6(1) (definition of Timor Gap
treaty )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
35
Subsection 177B(1)
Omit " Australia-Indonesia ", substitute " Timor Gap ".
Migration Act 1958
36 Subsection 5(1) (definition of Area A of the Zone of
Cooperation )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
Passenger Movement Charge Act 1978
37 Section 3 (definition of Area A of the
Zone of Cooperation )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
Passenger Movement Charge Collection Act 1978
38 Section 3 (definition of
Area A of the Zone of Cooperation )
Omit " Australia-Indonesia ", substitute
" Timor Gap ".
39 Section 3 (definition of Timor Gap Treaty )
Repeal the
definition, substitute: Timor Gap Treaty means the Treaty defined by
subsection 5(1) of the Petroleum (Timor Gap Zone of Cooperation) Act 1990 .
Petroleum (Submerged Lands) Act 1967
40 Subsection 5(1) (definition of Area A
of the Zone of Cooperation )
Omit " Australia-Indonesia ", substitute " Timor
Gap ".
Quarantine Act 1908
41 Subsection 5(1) (definition of Area A of the
Zone of Cooperation )
Omit " Australia-Indonesia ", substitute " Timor Gap ".
Workplace Relations Act 1996
42 Subsection 5A(1)
Omit " Australia-Indonesia
", substitute " Timor Gap ".
- Note: The heading to section 5A is altered by
omitting " Australia-Indonesia " and substituting " Timor Gap ".
[ Minister's second reading speech made in—
House of Representatives on
17 February 2000
Senate on 13 March 2000 ]
(17/00)
