Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 2002 No. 327

Issued by the Authority of the Minister for Justice and Customs

Subject: Crimes at Sea Act 2000

Crimes at Sea Regulations 2002

Subsection 9(1) of the Crimes at Sea Act 2000 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 4 of the Act defines relevant terms for the purposes of the Act, including the term ´East Timor'. That provision defines East Timor by reference to its administration by the United Nations Transitional Administration of East Timor (UNTAET). The definition also provides that after the territory ceases to be administered by UNTAET, it is to have the meaning given by regulations.

The term ´East Timor' is applied throughout the Act. Most importantly, the term is central to the operation of Part 3A, which provides for cooperation between Australia and East Timor in the enforcement of criminal law.

East Timor became an independent nation on 20 May 2002.

The purpose of the Regulations is to define "East Timor" now that it has ceased to be administered by UNTAET, to enable co-operation between Australia and East Timor to continue for the purposes of the Act.

Item 3 of the regulations, in accordance with paragraph (b) of the definition of "East Timor" in section 4 of the Act, define "East Timor" following the cessation of its administration by the UNTAET in a geographical sense as well as when referred to as a body politic.

The regulations commence upon gazettal.

The Minute recommends that the regulations be made in the form proposed.

Authority:       Subsection 9(1) of the Crimes at Sea Act 2000.

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