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CRIMES AT SEA BILL
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1 December 1999
Second Reading
THOMSON
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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.