Victorian Consolidated Legislation

Interpretation of Legislation Act 1984 - SECT 57

Application of laws of Victoria in certain off-shore areas4

57. Application of laws of Victoria in certain off-shore areas4



(1) Subject to this section and to section 14 of the
Petroleum (Submerged Lands) Act 1982 and the regulations made under that
section, the provisions of the laws in force in Victoria whether written or
unwritten and as in force from time to time and the provisions of any
instrument made under any of those laws apply in the adjacent area.

(2) The provisions referred to in subsection (1) apply to and in relation to-

   (a)  any act done or omitted to be done at a place in the adjacent area
        which is within the outer limits of the coastal waters of Victoria;

   (b)  any act done or omitted to be done in the adjacent area by a person
        connected with Victoria; and

   (c)  any matter, thing or circumstance existing or arising in the adjacent
        area which involves or relates to persons connected with Victoria-

as if the adjacent area were part of Victoria.

(3) This section does not operate-

   (a)  to apply in the adjacent area the provisions of any law of the
        Commonwealth; or

   (b)  to apply the provisions of the criminal laws of the State to or in
        relation to the adjacent area or the sea-bed or subsoil beneath or the
        airspace above that adjacent area; or

   (c)  to apply the provisions of the criminal laws of the State to or in
        relation to the coastal waters of Victoria or the sea-bed or subsoil
        beneath or the airspace above those waters.





(4) Subject to this section, the several courts of Victoria are invested with
jurisdiction in all matters arising under the provisions of the laws applied
by this section.

(5) For the purposes of proceedings for an offence against the law of Victoria
an averment in a presentment, charge or complaint that-

   (a)  a person was at a specified time or in respect of a specified period a
        person connected with Victoria-



* * * * *

shall be evidence and, in the absence of evidence to the contrary, conclusive
evidence of the fact averred.

(6) In this section-

   (a)  adjacent area means so much of the area described in Schedule 2 to the
        Petroleum (Submerged Lands) Act 1967 (Commonwealth) in relation to
        Victoria as is within the outer limits of the continental shelf and
        includes the space above and below that area;

   (b)  coastal waters of Victoria has the same meaning as the expression
        coastal waters of the State has in relation to Victoria under the
        Coastal Waters (State Powers) Act 1980 of the Commonwealth;

   (ba) cooperative scheme has the same meaning as that expression has in the
        Crimes at Sea Act 1999;

   (bb) continental shelf has the same meaning as in the
        Seas and Submerged Lands Act 1973 (Commonwealth);

   (bc) criminal laws means the substantive criminal law, and the law of
        criminal investigation, procedure and evidence, within the meaning of
        the cooperative scheme;

   (c)  person connected with Victoria means a person who-

   (i)  is domiciled in Victoria;

   (ii) is permanently or temporarily resident in Victoria;

   (iii) being a body corporate has a place of business in or carries on
        business in Victoria or is registered in or incorporated or
        established under a law of Victoria;

   (iv) is on or is operating from a ship, boat or vessel of any kind licensed
        or registered or required to be licensed or registered under a law of
        Victoria; or

   (v)  is on or operating from a rig or other structure or installation of
        any kind in the adjacent area the operation or function of which is
        regulated by a law of the Commonwealth or of Victoria.