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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
Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedule(s)......................................................................................... 2
4............ The transition time............................................................................... 2
5............ Validity of things done by the Ministerial Council and the Joint Authority 2
6............ Protection against retrospective criminal liability................................. 3
7............ Preservation of immunity from prosecution........................................ 3
Schedule 1—Petroleum (Australia-Indonesia Zone of Cooperation) Act 1990 4
Schedule 2—Other Acts 9
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:
1 Short title
This Act may be cited as the Timor Gap Treaty (Transitional Arrangements) Act 2000 .
2 Commencement
(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 .
3 Schedule(s)
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.
4 The transition time
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.
5 Validity of things done by the Ministerial Cou ncil and the Joint Authority
(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.
6 Protection against retrospective criminal liability
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).
7 Preservation of immunity from prosecution
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.