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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Timor Gap
Treaty (Transitional Arrangements) Bill
2000
No. ,
2000
(Industry, Science and
Resources)
A Bill for an Act to amend the
Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 and other
legislation consequentially on the United Nations Transitional Administration in
East Timor administering East Timor, and for related
purposes
ISBN: 0642 428727
Contents
Crimes at Sea Act
1979 9
Crimes at Sea Act
2000 11
Customs Act
1901 16
Fringe Benefits Tax Assessment Act
1986 17
Income Tax Assessment Act
1936 17
Migration Act
1958 17
Passenger Movement Charge Act
1978 17
Passenger Movement Charge Collection Act
1978 17
Petroleum (Submerged Lands) Act
1967 17
Quarantine Act
1908 18
Workplace Relations Act
1996 18
A Bill for an Act to amend the Petroleum
(Australia-Indonesia Zone of Cooperation) Act 1990 and other legislation
consequentially on the United Nations Transitional Administration in East Timor
administering East Timor, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Timor Gap Treaty (Transitional
Arrangements) Act 2000.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Sections 3 to 7 and Schedules 1 and 2 (other than items 18 to 25 of
Schedule 2) are taken to have commenced at the transition time.
(3) Items 18 to 25 of Schedule 2 commence immediately before the
commencement of Schedule 1 to the Crimes at Sea Act 2000.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
In this Act:
transition time means 1.23 am Australian Central Standard
Time on 26 October 1999.
Note: This time corresponds to the time in New York when the
United Nations Security Council adopted Resolution 1272 (1999), which
established UNTAET and gave it responsibility for the administration of East
Timor. In 2000 the text of the Resolution was available in the Library of the
Department of Foreign Affairs and Trade and accessible on the Internet through
the Department’s or the United Nations’ world-wide web
site.
(1) Any thing done by the Ministerial Council or the Joint Authority,
during the period commencing on the transition time and ending on 5.55 pm
Australian Central Standard Time on 10 February 2000, is not invalid:
(a) merely because the Republic of Indonesia ceased to be a party to the
Treaty, and UNTAET became a party to the Treaty, at the transition time;
or
(b) merely because of an invalidity in the membership of the Ministerial
Council or the Joint Authority.
(2) In this section:
Joint Authority and Ministerial Council have
the meanings given them by subsection 5(1) of the Petroleum (Timor Gap Zone
of Cooperation) Act 1990.
Treaty has the meaning given by subsection 5(1) of the
Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 (as in force
immediately before the transition time).
UNTAET means the United Nations
Transitional Administration in East Timor.
A person does not commit an offence if the person would not have
committed the offence had the amendments made by the items in Schedules 1 and 2
(other than items 18 to 25 of Schedule 2) commenced on the day on which this Act
received the Royal Assent (rather than commencing at the transition
time).
If a person would have had an immunity from proceedings under subsection
9A(3) of the Crimes at Sea Act 1979 but for the amendments made by items
5 and 6 of Schedule 2 commencing retrospectively at the transition time, the
person has that immunity by virtue of this section.
1 Title
Omit all the words from and including “between
Australia”, substitute “on the Zone of Cooperation in the
Timor Gap”.
2 Section 1
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
3 Subsection 5(1) (at the end of the definition
of Treaty)
Omit all the words from and including “the Schedule”,
substitute:
Schedule 1, and includes that Treaty:
(a) as amended from time to time; and
(b) as read with the Notes exchanged between Australia and the United
Nations Transitional Administration in East Timor at Dili, on 10 February 2000,
the text of which is set out in Schedule 2.
4 At the end of section 13
Add:
(2) When applying subsection (1):
(a) during the period of the administration of the United Nations
Transitional Administration in East Timor (UNTAET):
(i) UNTAET is to be treated as the body politic of the territory (the
territory) administered by it under United Nations Security
Council Resolution 1272 (1999) of 25 October 1999 at New York; and
(ii) the competent authority in relation to the Taxation Code and the
territory is the Transitional Administrator of UNTAET, or a person authorised by
the Administrator to be such an authority; and
(iii) a reference to a resident of a Contracting State is a reference to a
resident of the territory, when the case requires; and
(b) after the territory ceases to be administered by UNTAET:
(i) the body politic of the territory and the competent authority are the
body and the authority identifed in the regulations; and
(ii) a reference to a resident of a Contracting State is to be interpreted
in accordance with the regulations.
Note: In 2000 the text of the Resolution was available in
the Library of the Department of Foreign Affairs and Trade and accessible on the
Internet through the Department’s or the United Nations’ world-wide
web site.
5 Schedule (heading)
Repeal the heading, substitute:
Note: This is the copy of the Treaty referred to in the
definition of Treaty in subsection 5(1) of this
Act.
6 At the end of the Act
Add:
Note: This is the copy of Australia’s Note, referred
to in the definition of Treaty in subsection 5(1) of this
Act.
Note No. 2/2000
The Australian Mission in East Timor presents it compliments to the United
Nations Transitional Administration in East Timor (UNTAET) and has the honour to
refer to UNTAET’s Note to the Mission dated 10 February 2000 which reads
as follows:
“The United Nations Transitional Administration in East Timor
(UNTAET) presents its compliments to the Australian Mission in East Timor and
has the honour to refer to the fact that, pursuant to United Nations Security
Council resolution 1272 (1999) of 25 October 1999, and in accordance with
paragraph 35 of the Report of the Secretary-General (S/1999/1024), the United
Nations will conclude such international agreements with States and
international organisations as may be necessary for the carrying out of the
functions of UNTAET in East Timor.
An agreement between UNTAET, acting on behalf of East Timor, and Australia,
providing practical arrangements for the continuity of the terms of the
“Treaty between Australia and the Republic of Indonesia on the Zone of
Cooperation in an Area between the Indonesian Province of East Timor and
Northern Australia” (the “Timor Gap Treaty”) in the
transitional period, will benefit the people of East Timor and will assist
UNTAET in carrying out its functions entrusted to it under Security Council
resolution 1272 (1999). The conclusion of this agreement, however, is without
prejudice to the position of the future government of an independent East Timor
with regard to the Treaty.
UNTAET therefore has the honour to advise the Australian Mission in East
Timor that all rights and obligations under the Timor Gap Treaty previously
exercised by Indonesia are assumed by UNTAET, acting on behalf of East Timor,
until the date of independence of East Timor. UNTAET, acting on behalf of East
Timor, and Australia may enter into subsidiary arrangements or agreements
relating to the continued operation of the terms of the Treaty. In agreeing to
continue the arrangements under the terms of the Treaty, the United Nations does
not thereby recognise the validity of the “integration” of East
Timor into Indonesia.
If the understanding of Australia is in accordance with the foregoing
advice, UNTAET has the honour to propose that this Note and Australia’s
confirmatory Note in reply shall constitute an agreement between UNTAET, acting
on behalf of East Timor, and Australia which shall be applied as of 25 October
1999”.
The Australian Mission has the honour to advise that the foregoing proposal
is acceptable to the Government of Australia and to agree that the UNTAET Note
and this reply shall constitute an Agreement between the Government of Australia
and UNTAET which shall be applied as of 25 October 1999.
The Australian Mission in East Timor avails itself of this opportunity to
renew to the United Nations Transitional Administration in East Timor the
assurances of its highest consideration.
[Seal and initials omitted]
DILI
10 February 2000
Note: This is the copy of UNTAET’s Note, referred to
in the definition of Treaty in subsection 5(1) of this
Act.
The United Nations Transitional Administration in East Timor (UNTAET)
presents its compliments to the Australian Mission in East Timor and has the
honour to refer to the fact that, pursuant to United Nations Security Council
resolution 1272 (1999) of 25 October 1999, and in accordance with paragraph 35
of the Report of the Secretary-General (S/1999/1024), the United Nations will
conclude such international agreements with States and international
organizations as may be necessary for the carrying out of the functions of
UNTAET in East Timor.
An agreement between UNTAET, acting on behalf of East Timor, and Australia,
providing practical arrangements for the continuity of the terms of the
“Treaty between Australia and the Republic of Indonesia on the Zone of
Cooperation in an Area between the Indonesian Province of East Timor and
Northern Australia” (the “Timor Gap Treaty”) in the
transitional period, will benefit the people of East Timor and will assist
UNTAET in carrying out its functions entrusted to it under Security Council
resolution 1272 (1999). The conclusion of this agreement, however, is without
prejudice to the position of the future government of an independent East Timor
with regard to the Treaty.
UNTAET therefore has the honour to advise the Australian Mission in East
Timor that all rights and obligations under the Timor Gap Treaty previously
exercised by Indonesia are assumed by UNTAET, acting on behalf of East Timor,
until the date of independence of East Timor. UNTAET, acting on behalf of East
Timor, and Australia may enter into subsidiary arrangements or agreements
relating to the continued operation of the terms of the Treaty. In agreeing to
continue the arrangements under the terms of the Treaty, the United Nations does
not thereby recognize the validity of the “integration” of East
Timor into Indonesia.
If the understanding of Australia is in accordance with the foregoing
advice, UNTAET has the honour to propose that this Note and Australia’s
confirmatory Note in reply shall constitute an agreement between UNTAET, acting
on behalf of East Timor, and Australia which shall be applied as of 25 October
1999.
UNTAET avails itself of this opportunity to renew to the Australian Mission
in East Timor the assurances of its highest consideration.
10 February 2000
[Seal and initials omitted]
1 Subsection 3(1) (definition of Area A of
the Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
2 Subsection 3(1)
Insert:
East Timor:
(a) during the period of the administration of the United Nations
Transitional Administration in East Timor (UNTAET)
means:
(i) when referred to in a geographic sense—the territory
administered by UNTAET under United Nations Security Council Resolution 1272
(1999) of 25 October 1999 at New York; and
(ii) when referred to as a body politic—UNTAET; and
(b) after the territory ceases to be administered by UNTAET—has the
meaning given by the regulations.
3 Subsection 3(1) (definition of
Indonesia)
Repeal the definition.
4 Paragraphs 9A(2)(b) and
(c)
Omit “Indonesia”, substitute “East
Timor”.
5 Paragraphs 9A(3)(a) and
(b)
Omit “of Indonesia”, substitute “in force in East
Timor”.
6 Paragraph 9A(3)(c)
Omit “Indonesia”, substitute “East
Timor”.
7 Subsection 9A(6) (definition of
petroleum)
Omit “the Schedule to the Petroleum (Australia-Indonesia Zone of
Cooperation) Act 1990”, substitute “Schedule 1 to the
Petroleum (Timor Gap Zone of Cooperation) Act 1990”.
Note: The heading to section 9A is altered by omitting
“Australia-Indonesia”.
8 Subsection 17A(1)
Omit “Indonesia” (first occurring), substitute “East
Timor”.
9 Subsection 17A(1)
Omit “a criminal law of Indonesia”, substitute “a
criminal law in force in East Timor”.
10 Subparagraphs 17A(1)(b)(iii) and
(iv)
Omit “Indonesia”, substitute “East
Timor”.
Note: The heading to section 17A is altered by omitting
“Indonesian laws” and substituting “the laws of East
Timor”.
11 Subsection 17B(1)
Omit “Indonesia”, substitute “East
Timor”.
12 Paragraph 17B(2)(a)
Omit “Indonesian authorities”, substitute “authorities of
East Timor”.
13 Subparagraph
17B(2)(b)(i)
Omit “Indonesian authorities”, substitute “authorities of
East Timor”.
14 Subparagraph
17B(2)(c)(i)
Omit “of Indonesia”, substitute “in force in East
Timor”.
15 Subparagraph
17B(2)(c)(ii)
Omit “Indonesian authorities”, substitute “authorities of
East Timor”.
16 Subsection 17B(3)
Omit “Australian or Indonesian authority”, substitute
“authority of Australia or East Timor”.
17 Application
Section 9A of the Crimes at Sea Act 1979, as in force immediately
before the transition time, continues to apply to acts covered by it (as so in
force) done before the transition time.
18 Section 4
Insert:
Area A of the Zone of Cooperation has the same meaning as in
the Petroleum (Timor Gap Zone of Cooperation) Act 1990.
19 Section 4
Insert:
East Timor:
(a) during the period of the administration of the United Nations
Transitional Administration in East Timor (UNTAET)
means:
(i) when referred to in a geographic sense—the territory
administered by UNTAET under United Nations Security Council Resolution 1272
(1999) of 25 October 1999 at New York; and
(ii) when referred to as a body politic—UNTAET; and
(b) after the territory ceases to be administered by UNTAET—has the
meaning given by the regulations.
20 Section 4
Insert:
law of criminal investigation, procedure and evidence has the
same meaning as in clause 1 of Schedule 1.
21 Section 4
Insert:
petroleum has the same meaning as in the Treaty set out in
Schedule 1 to the Petroleum (Timor Gap Zone of Cooperation) Act
1990.
22 Section 4
Insert:
police officer means a member or special member of the
Australian Federal Police or a member of the police force or police service of a
State or Territory.
23 After Part 3
Insert:
(1) The provisions of the substantive criminal law in force in the
Northern Territory from time to time apply to a criminal act done in Area A of
the Zone of Cooperation that 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) However, the relevant substantive criminal law does not apply
to:
(a) an act done on or from a ship or aircraft; or
(b) an act done by a national of East Timor who is not also a national of
Australia; or
(c) an act done by a permanent resident of East Timor who is not also a
national of Australia.
(3) Proceedings for an offence against a substantive criminal law as
applied under this section may not be instituted against a person if:
(a) the person has been acquitted or discharged without penalty in
proceedings for an offence against a law in force in East Timor arising out of
the same act; or
(b) the person has incurred a penalty under a law in force in East Timor
for such an offence; or
(c) a competent authority of East Timor has decided not to prosecute the
person for such an offence.
(4) A prosecution for an offence against a law applied by subsection (1)
may only be heard and determined if the Attorney-General consents in writing to
the prosecution.
(5) Although the Attorney-General has not consented to a prosecution under
subsection (4):
(a) a person may be arrested for the offence, and a warrant for the arrest
of a person for the offence may be issued and executed; and
(b) a person may be charged with the offence; and
(c) a person charged with the offence may be remanded in custody or on
bail.
(6) The provisions of the laws of criminal investigation, procedure and
evidence in force in the Commonwealth and the States from time to time apply to
a criminal act done in Area A of the Zone of Cooperation that is connected with,
or arises out of, the exploration for, or exploitation of, petroleum resources
in the same way as those provisions apply to maritime offences under clause 3 of
Schedule 1.
(7) In this section:
criminal act means an act that would, if done in the Northern
Territory, contravene the substantive criminal law in force in the Northern
Territory.
State includes the Northern Territory.
(1) If East Timor wishes to transport in custody through Australia a
person (the accused) who has been arrested for an offence against
a criminal law in force in East Timor that applies in Area A of the Zone of
Cooperation, the following provisions apply:
(a) the accused may be transported in custody through Australia;
and
(b) if an aircraft or ship transporting the accused makes a landing or
calls at a place in Australia:
(i) the person holding the accused in custody before the landing or call
is made may hold the accused in custody for not more than 24 hours;
and
(ii) a police officer may provide reasonable and necessary assistance to
facilitate the transport of the accused in custody; and
(iii) a magistrate to whom application is made, according to the
regulations, on behalf of East Timor is required to issue a warrant ordering a
person specified in the warrant to hold the accused in custody for a period or
periods the magistrate considers necessary to facilitate the transport of the
accused in custody; and
(iv) the Attorney-General may, on application on behalf of East Timor,
authorise, in writing, a magistrate to issue a warrant ordering a person
specified in the warrant to hold the accused in custody for a further specified
period in order to facilitate the transport of the accused in custody;
and
(v) the Attorney-General may at any time direct a person having custody of
the accused under this paragraph to release the accused; and
(vi) the total period of custody under subparagraphs (i) and (iii) must
not exceed 96 hours.
(2) A police officer may, without warrant, arrest a person if the officer
has reasonable grounds for believing that the person has escaped from custody
authorised by subsection (1).
(3) A person arrested under subsection (2) must be returned to
custody.
(4) For the purposes of this section, a place at which an aircraft or ship
begins its journey or voyage is to be treated as a place at which the aircraft
has landed, or the ship has called, as the case requires.
(1) The regulations may give effect to an agreement or arrangement between
Australia and East Timor about the enforcement of criminal laws applying in Area
A of the Zone of Cooperation.
(2) The regulations may, for example:
(a) provide for the production of documents, the summoning of witnesses
and the taking of evidence by authorities of East Timor for use in proceedings
in Australia; and
(b) provide for:
(i) the apprehension and detention in Area A of the Zone of Cooperation,
by authorities of East Timor, of persons accused of offences against criminal
laws of Australia applied under this Part; and
(ii) the transport and surrender, in Area A of the Zone of Cooperation or
elsewhere, of the persons to Australian authorities; and
(c) provide for:
(i) the apprehension and detention in Area A of the Zone of Cooperation,
by Australian authorities, of persons accused of offences against criminal laws
in force in East Timor; and
(ii) the transport and surrender, in Area A of the Zone of Cooperation or
elsewhere, of the persons to authorities of East Timor; and
(d) prescribe the practice and procedure of magistrates in performing
functions under regulations made for the purposes of this section.
(3) A provision for detention of a person under this section may only
authorise detention until the time it first becomes practicable to surrender the
person to an appropriate authority of Australia or East Timor.
(4) A provision made under paragraph (2)(c) excludes the application of
the Extradition Act 1988 from offences to which the provision
applies.
24 Subclause 1(1) of Schedule 1 (definition of
Area A of the Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
25 Schedule 2 (heading immediately before item
7)
Repeal the heading, substitute:
Petroleum (Timor Gap Zone of Cooperation) Act
1990
26 Subsection 4(1) (definition of Area A of
the Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
27 Subsection 4(1)
Insert:
East Timor:
(a) during the period of the administration of the United Nations
Transitional Administration in East Timor (UNTAET)
means:
(i) when referred to in a geographic sense—the territory
administered by UNTAET under United Nations Security Council Resolution 1272
(1999) of 25 October 1999 at New York; and
(ii) when referred to as a body politic—UNTAET; and
(b) after the territory ceases to be administered by UNTAET—has the
meaning given by the regulations.
28 Subsection 4(1) (definition of
Indonesia)
Repeal the definition.
29 Subsection 58B(1) (definition of external
place)
Omit “Indonesia”, substitute “East
Timor”.
30 Subsections 58B(2), (3), (4) and
(5)
Omit “Indonesia”, substitute “East
Timor”.
31 Subsection 131AA(3)
Omit “the Schedule”, substitute “Schedule
1”.
32 Subsection 131AA(3)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
Fringe
Benefits Tax Assessment Act 1986
33 Subsection 67(12)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
Income
Tax Assessment Act 1936
34 Subsection 6(1) (definition of Timor Gap
treaty)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
35 Subsection 177B(1)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
36 Subsection 5(1) (definition of Area A of
the Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
Passenger
Movement Charge Act 1978
37 Section 3 (definition of Area A of the
Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
Passenger
Movement Charge Collection Act 1978
38 Section 3 (definition of Area A of the
Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
39 Section 3 (definition of Timor Gap
Treaty)
Repeal the definition, substitute:
Timor Gap Treaty means the Treaty defined by subsection 5(1)
of the Petroleum (Timor Gap Zone of Cooperation) Act 1990.
Petroleum
(Submerged Lands) Act 1967
40 Subsection 5(1) (definition of Area A of
the Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
41 Subsection 5(1) (definition of Area A of
the Zone of Cooperation)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
42 Subsection 5A(1)
Omit “Australia-Indonesia”, substitute “Timor
Gap”.
Note: The heading to section 5A is altered by omitting
“Australia-Indonesia” and substituting “Timor
Gap”.