Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Timor Gap Treaty (Transitional Arrangements) Bill 2000

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.