Hansard debates

                               CRIMES AT SEA BILL
                                 Second reading

  Hon. M. R. THOMSON (Minister for Small Business) -- I move:
That this bill be now read a second time.
This bill is part of a new national cooperative scheme to apply the criminal law
in waters  surrounding Australia. The new  scheme will give  Victoria  and other
Australian jurisdictions a modern regime for dealing with crimes at sea.
The current crimes at sea scheme was developed in the late 1970s. This scheme is
seriously flawed.

The  commonwealth,  the  states  and   the  Northern  Territory  took  different
approaches  to  the   scheme  and  enacted   legislation  with  many   gaps  and
inconsistencies.
At present, the destination  of  a  ship  and  where  it  is  registered largely
determine  the  criminal  law  that  applies  to  an  offence.  These rules  are
unnecessarily complex, difficult  to understand and apply, and can give  rise to
overlapping laws. Even  when the  criminal law  is clear, it may be difficult to
determine who is responsible for enforcing the law and the procedural rules that
apply  to investigations. In addition,  once the law  is determined, the results
are not  always  desirable. For example,  in  some situations  Victorian  police
investigating  an offence in Victorian waters but under New South Wales law  are
bound to follow New South Wales investigative procedures.

The Special  Committee of Solicitors-General  developed  the new  crimes  at sea
scheme to address these problems. The new  scheme  will  be  simpler,  easier to
understand  and apply, and  will  result in more  effective law enforcement. The
commonwealth, the  states and the Northern  Territory have each  agreed to enact
uniform  crimes at sea acts  that will give effect to  the new scheme and repeal
current legislation. This bill will enable Victoria to give effect  to  the  new
scheme and will repeal the Crimes (Offences at Sea) Act 1978.
Under the new scheme, the criminal law of each state and  the Northern Territory
will apply  in  its respective adjacent area. The adjacent area for Victoria, as
for the  other  jurisdictions, will comprise  two  areas. In general  terms, the
criminal law of a state or the Northern Territory will apply by force of its own
law out to 12 nautical miles.

In addition,  the criminal law of a state or  the Northern  Territory will  also
apply by force  of commonwealth  law from  12 nautical miles out to 200 nautical
miles  or the outer limit of the continental shelf, whichever is the greater. In
this outer area, although  technically it is commonwealth law, the criminal  law
will apply as if it were the law of the relevant state or territory.
The  new scheme will not apply to the  laws of a state or the Northern Territory
excluded  by regulation from  the scheme. Where  appropriate,  this will  enable
certain laws to apply outside the crimes  at sea scheme. Further, the new scheme
does not concern  crimes committed  outside the adjacent areas of a state or the
Northern Territory, although the  commonwealth act does deal  with some of these
crimes. The written consent  of the commonwealth  Attorney-General must also  be
obtained to  prosecute offences under the scheme involving the jurisdiction of a
foreign government. This approach will  enable  the  commonwealth  government to
consistently apply Australia's international obligations.

The new scheme will also be  more effective because all jurisdictions will enter
into an intergovernmental  agreement  to enforce the  scheme. In general  terms,
under this  agreement the states and  the Northern Territory  will  have primary
responsibility for  investigating  and  prosecuting  crimes committed  in  their
respective  adjacent  areas.  Nevertheless,  the  agreement  will  provide  that
jurisdictions should, wherever practicable, provide assistance to one another in
investigating offences arising under the scheme. It will also provide that where
more  than  one  jurisdiction  is  empowered  to  prosecute  an  offence,  those
jurisdictions  should  consult  to  determine  the  jurisdiction  that  is  most
convenient for prosecution.
Under the new  scheme  the authority that  is  investigating or prosecuting  the
offence will do so in accordance with its own procedures. For example, Victorian
police investigating  an  offence under  New  South Wales law  will  investigate
according to Victorian investigative procedures.

The  New South  Wales offence  could be tried in a Victorian court  according to
Victorian procedural law.
In summary, the central aim of the scheme is to  provide greater simplicity. The
scheme  will clarify how the  criminal law applies to  crimes committed offshore
and will simplify investigation and prosecution procedures. In this way, the new
scheme will  be more efficient and will ensure that crimes do not go  unpunished
because of legal technicalities.
I commend the bill to the house.
Debate adjourned on motion of Hon. BILL FORWOOD (Templestowe).
Debate adjourned until next day.