NCJ Number
127530
Date Published
1990
Length
241 pages
Annotation
The admiralty or maritime jurisdiction of Australian courts over offenses committed beyond the country's territory has two sources, British legislation dating from the 17th century and Commonwealth and State legislation from the last two decades that extend local jurisdiction over specific offenses at sea in defined areas and situations.
Abstract
The Law Reform Commission of Australia is required to review both original and current legislation, including the Crimes at Sea Act of 1979, the Judiciary Act of 1903, and State and Territory Offenses at Sea Acts. The Admiralty Court, as such, has longed ceased to be the tribunal responsible for exercising jurisdiction over offenses at sea. Admiralty jurisdiction continues in principle, however, as a means of defining the geographic area, vessels, and offenses over which courts can exercise authority. It is necessary to assess the continued relevance of admiralty jurisdiction, something that cannot be done in isolation from substantive offenses to which it relates. Reforms to legislation dealing with the offenses of piracy, slavery, and prize (seizure) are discussed. Draft piracy and prize legislation for the 1990's is continued in an appendix. Tables of cases, legislation, and treaties and a bibliography and index are included.