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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes at Sea Amendment Bill 2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes at Sea Act 1998 No 173 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Crimes at Sea Amendment Bill 2000
Act No , 2000
An Act to amend the Crimes at Sea Act 1998 so as to make the cooperative scheme
established by that Act uniform with the cooperative schemes established, or to be
established, by the Commonwealth and other States and Territories.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes at Sea Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes at Sea Amendment Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes at Sea Act 1998 No 173
The Crimes at Sea Act 1998 is amended as set out in Schedule 1.
Page 2
Crimes at Sea Amendment Bill 2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 8
Omit the section. Insert instead:
8 Application of repeal and amendments
(1) In this section, commencement day means the day on which
sections 7 and 9 come into operation.
(2) Although section 7 repeals the Crimes (Offences at Sea) Act
1980, that Act continues to apply, in relation to acts and
omissions that took place before the commencement day, as if
the repeal had not happened.
(3) The amendments referred to in section 9 apply to acts and
omissions that take place on or after the commencement day.
(4) For the purposes of this section, if an act or omission is alleged
to have taken place between two dates, one before and one on
or after the commencement day, the act or omission is alleged
to have taken place before the commencement day.
[2] Section 10
Insert after section 9:
10 No effect on Crimes (Aviation) Act 1991 of the Commonwealth
This Act and the cooperative scheme do not apply to an act or
omission to which section 15 of the Crimes (Aviation) Act
1991 of the Commonwealth applies.
[3] Schedule 1 The Cooperative Scheme
Omit "Australia-Indonesia" from the definition of Area A of the Zone of
Cooperation in clause 1 (1).
Insert instead "Timor Gap".
Page 3
Crimes at Sea Amendment Bill 2000
Schedule 1 Amendments
[4] Schedule 1, clause 1 (1)
Insert in alphabetical order in clause 1 (1):
indictable offence means an offence for which a charge may be
laid by indictment or an equivalent process (whether that is the
only, or an optional, way to lay a charge of the offence).
[5] Schedule 1, clause 1 (1), definition of "outer adjacent area"
Omit "a State,". Insert instead "a State".
[6] Schedule 1, clause 1 (1), definition of "State"
Omit "and Norfolk Island".
[7] Schedule 1, clause 3 (1), definition of "preliminary examination"
Insert "or trial" after "sentence".
[8] Schedule 1, clause 3 (2)
Omit "constitutional principle stated in" from the matter under the heading
"Example 1" following clause 3 (2) (c).
Insert instead "Commonwealth Constitution--see".
[9] Schedule 1, clause 3 (5)
Omit "subclause (2) (b)". Insert instead "paragraph (b) of subclause (2)".
[10] Schedule 1, clause 8
Omit "extra-territorial" and "extra-territorially".
Insert instead "extraterritorial" and "extraterritorially" respectively.
[11] Schedule 1, clause 12
Omit clause 12 (1). Insert instead:
(1) The Governor-General may make regulations prescribing
matters:
(a) required or permitted by this scheme to be prescribed, or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this scheme.
Page 4
Crimes at Sea Amendment Bill 2000
Amendments Schedule 1
[12] Schedule 1, clause 14 (2) (b)
Omit "section 5A (7)". Insert instead "subsection (7) of section 5A".
[13] Schedule 1, clause 14 (4) (b)
Omit "section 5A (3)". Insert instead "subsection (3) of section 5A".
[14] Schedule 1, clause 14 (5)
Omit the subclause, and renumber subclause (6) as subclause (5).
[15] Schedule 1, clause 14 (5) (as renumbered by item [14])
Omit "adjacent area". Insert instead "adjacent area".
[16] Schedule 1, clause 15
Omit the clause. Insert instead:
15 Baselines
The baseline for a State is the part of the baseline of Australia's
territorial sea from which the part of the territorial sea that is
within the adjacent area for that State is measured.
[17] Schedule 1, clause 16
Insert after clause 15:
16 Indicative map
(1) A map showing the various areas that are relevant to this
scheme appears in Appendix 1 to this scheme.
(2) The map is intended to be indicative only. The provisions of
this scheme and of the body of this Act prevail over the map if
there is any inconsistency.
[18] Appendix 1 Adjacent areas
Omit the heading. Insert instead "Appendix 1 Indicative map".
Page 5
See Inset 2
110°E 120°E 130°E 140°E 150°E 160°E
ARAFURA SEA SOLOMON
ISLANDS
Territory of Ashmore
[19]
and Cartier Islands
TIMOR
Page 6
SEA
10°S
10°S
Schedule 1
CORAL
Northern
Te r r i t o r y
SEA
VA N U AT U
Appendix 1
Queensland
20°S
20°S
Tropic
of Cap
AUSTRALIA ricorn
Western
ricorn
of Cap NEW
Tropic Australia
CALEDONIA
Amendments
South
Australia
INDIAN
Norfolk
Island
New South
OCEAN Lord Howe
Wales Island
30°S
30°S
Australian Capital
Territory
Victoria
Crimes at Sea Amendment Bill 2000
Tasmania
NEW
ZEALAND
TASMAN
40°S SOUTHERN OCEAN 40°S
Omit the map. Insert instead the following map:
SEA
Boundary of areas used to determine
the "Adjacent Area" for each state
Area A of the Zone of Cooperation
This area contains Australian islands and areas
of territorial sea under the Torres Strait Treaty
S Diagrammatic limit of the inner Adjacent Area
50°
50°S
as defined in this Act Macquarie
Island
Areas of Exclusive Economic Zone and continental shelf
within 200 nautical miles of the territorial sea baselines
Indicative areas of continental shelf beyond 200 nautical miles
from the territorial sea baseline (to be confirmed and submitted
to the Commission on the Limits of the Continental Shelf
under Article 76 of the Law of the Sea Convention)
MP97/790.14
160°E
110°E 140°E 150°E 170°E 180°
90°E 100°E 120°E 130°E
Crimes at Sea Amendment Bill 2000
Amendments Schedule 1
Page 7
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