Commonwealth Numbered Acts

CRIMES LEGISLATION AMENDMENT ACT 1992 No. 164 of 1992 - SECT 26

26. After Part III of the Principal Act, the following Part is inserted:
                       "PART IV - PIRACY
Interpretation

"51. In this Part:
'act of piracy' means an act of violence, detention or depredation committed
for private ends by the crew or passengers of a private ship or aircraft and
directed:

   (a)  if the act is done on the high seas or in the coastal sea of Australia
        - against another ship or aircraft or against persons or property on
        board another ship or aircraft; or

   (b)  if the act is done in a place beyond the jurisdiction of any country -
        against a ship, aircraft, persons or property;
'Australia' includes the External Territories;
'coastal sea of Australia' means:

   (a)  the territorial sea of Australia; and

   (b)  the sea on the landward side of the territorial sea of Australia and
        not within the limits of a State or Territory; and includes airspace
        over those seas;
'high seas' means seas that are beyond the territorial sea of Australia and of
any foreign country and includes the airspace over those seas;
'offence against this Part' includes:

   (a)  an offence against a provision of this Part because of section 5; and

   (b)  an offence against section 6, 7 or 7A that relates to an offence
        against a provision of this Part; and

   (c)  an offence against subsection 86(1) because of paragraph (a) of that
        subsection, being an offence that relates to an offence against a
        provision of this Part;
'pirate-controlled ship or aircraft' means a private ship or aircraft which is
under the control of persons that:

   (a)  have used, are using or intend to use the ship or aircraft in the
        commission of acts of piracy; or

   (b)  have seized control of the ship or aircraft by an act of piracy;
'place beyond the jurisdiction of any country' means a place, other than the
high seas, that is not within the territorial jurisdiction of Australia or of
any foreign country;
'private ship or aircraft' means a ship or aircraft that is not being operated
for naval, military, customs or law enforcement purposes by Australia or by a
foreign country, and includes a ship or aircraft that has been taken over by
its crew or passengers;
'ship' means a vessel of any type not permanently attached to the sea-bed, and
includes any dynamically supported craft, submersible, or any other floating
craft, other than a vessel that has been withdrawn from navigation or is laid
up. Piracy

"52. A person must not perform an act of piracy. Penalty: Imprisonment for
life. Operating a pirate-controlled ship or aircraft

"53.(1) A person must not voluntarily participate in the operation of a
pirate-controlled ship or aircraft knowing that it is such a ship or aircraft.
Penalty: Imprisonment for 15 years.

"(2) This section applies to acts performed on the high seas, in places beyond
the jurisdiction of any country or in Australia. Seizure of pirate ships and
aircraft etc.

"54.(1) A member of the Defence Force or a member of the Australian Federal
Police may seize:

   (a)  a ship or aircraft that he or she reasonably believes to be a
        pirate-controlled ship or aircraft; or

   (b)  a thing on board such a ship or aircraft, being a thing that appears
        to be connected with the commission of an offence against this Part.

"(2) A seizure may be effected:

   (a)  in Australia; or

   (b)  on the high seas; or

   (c)  in a place beyond the jurisdiction of any country.

"(3) The Supreme Court of a State or Territory may:

   (a)  on the application by the custodian of, or a person with an interest
        in, a ship, aircraft or thing seized under this section, order that
        the ship, aircraft or thing be returned to its lawful owner; or

   (b)  on its own motion, or on application:

        (i)    if:

                (A)  a person has been convicted of an offence against this
                     Part; and

                (B)  the ship, aircraft or thing was used in, or was otherwise
                     involved in the commission of, the offence - order that
                     the ship, aircraft or thing be forfeited to the
                     Commonwealth; or

        (ii)   make any order relating to the seizure, detention or disposal
               of the ship, aircraft or thing.

"(4) An order to return a ship, aircraft or thing may be made subject to
conditions, including conditions as to the payment to the Commonwealth of
reasonable costs of seizure and detention and conditions as to the giving of
security for payment of its value should it be forfeited. Written consent of
Attorney-General required

"55.(1) A prosecution for an offence against this Part requires the consent of
the Attorney-General.

"(2) Despite subsection (1):

   (a)  a person may be arrested for an offence referred to in subsection (1),
        and a warrant for such an arrest may be issued and executed; and

   (b)  a person may be charged with such an offence; and

   (c)  a person so charged may be remanded in custody or on bail; but no
        further step in the proceedings referred to in subsection (1) is to be
        taken until the Attorney-General's consent has been given.

"(3) Nothing in subsection (2) prevents the discharge of the accused if
proceedings are not continued within a reasonable time. Evidence of certain
matters

"56.(1) A certificate by the Minister for Foreign Affairs and Trade, or by an
eligible person authorised by that Minister to make such a certificate,
stating that:

   (a)  specified waters were, at a specified time:

        (i)    part of the high seas; or

        (ii)   within the coastal sea of Australia; or

   (b)  a specified place was, at a specified time, a place beyond the
        jurisdiction of any country; is, for the purposes of any proceedings
        for an offence against this Part, evidence of the facts stated in the
        certificate.

"(2) In this section:
'eligible person' means a Senior Executive Service Officer in the Department
of Foreign Affairs and Trade appointed or employed under the Public Service
Act 1922.".