Commonwealth Numbered Acts

PETROLEUM (AUSTRALIA-INDONESIA ZONE OF COOPERATION) (CONSEQUENTIAL PROVISIONS) ACT 1990 No. 37, 1990 - SECT 5

5. After section 9 of the Principal Act, the following section is inserted:
Criminal laws applicable in Area A of the Australia-Indonesia Zone of
Cooperation

"9A. (1) Subject to this section, the criminal laws in force in the Northern
Territory apply to any act done in Area A of the Zone of Cooperation that
touches, concerns, is connected with or arises out of the exploration for, or
exploitation of, petroleum resources as if the act had been done in the
Northern Territory.

"(2) This section does not apply to:

   (a)  an act done on or from a ship or aircraft; or

   (b)  an act done by a national of Indonesia who is not also a national of
        Australia; or

   (c)  an act done by a permanent resident of Indonesia who is not a national
        of Australia.

"(3) Proceedings for an offence against a law applied by subsection (1) may
not be instituted against a person if:

   (a)  in proceedings for an offence against a law of Indonesia arising out
        of the same act or omission, the person has been acquitted or
        discharged without the imposition of a penalty; or

   (b)  the person has incurred a penalty under a law of Indonesia for such an
        offence; or

   (c)  a competent authority of Indonesia has decided not toprosecute the
        person for such an offence.

"(4) Proceedings for an offence against a law applied by subsection (1) may
not be heard or determined without the written consent of the
Attorney-General.

"(5) Subsections 7 (8), (9) and (10) apply in relation to a consent given by
the Attorney-General under subsection (4) of this section as if it were a
consent given under subsection 7 (5).

"(6) In this section:
'petroleum' has the same meaning as in the Treaty set out in the Schedule to
the Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990.".