Compilation #11 | Effective 2016-10-21
FRBR Work URI: /akn/au/act/1963/61
This Act may be cited as the Submarine Cables and Pipelines Protection Act 1963.
This Act shall come into operation on the day on which it receives the Royal Assent.
This Act shall be read and construed as being in addition to and not in derogation of or in substitution for any other law of the Commonwealth or of a State or Territory.
The reference in the last preceding subsection to a law of the Commonwealth includes a reference to the Imperial Act known as the Submarine Telegraph Act, 1885, insofar as that Act is part of the law of the Commonwealth.
This Act extends to all the Territories.
This Act applies only to a submarine cable or pipeline, or that part of a submarine cable or pipeline:
that is beneath the high seas or in the exclusive economic zone; and
(b) that is not a submarine cable (within the meaning of Schedule 3A to the Telecommunications Act 1997) in a protection zone (within the meaning of that Schedule).
In subsection (1):
high seas has the same meaning as in the United Nations Convention on the Law of the Sea done at on 10 December 1982.
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, a State or a Territory.
A person commits an offence if the person engages in conduct and the conduct results in a ship registered in or in a Territory breaking or injuring:
a submarine telegraph or a telephone cable in such a manner as might interrupt or obstruct telegraphic or telephonic communications; or
a submarine pipeline; or
a submarine high-voltage cable.
Penalty: Imprisonment for 12 months or 20 penalty units.
A person commits an offence if the person engages in conduct and the person is negligent as to whether the conduct will result in a ship registered in or in a Territory breaking or injuring:
a submarine telegraph or a telephone cable in such a manner as might interrupt or obstruct telegraphic or telephonic communications; or
a submarine pipeline; or
a submarine high-voltage cable.
Penalty: Imprisonment for 3 months or 10 penalty units.
Where:
a breakage of, or an injury to, a cable or pipeline is caused by persons acting with the sole object of saving their lives or their ships; and
those persons took all necessary precautions to avoid breaking or injuring the cable or pipeline,
the last preceding subsection does not apply in relation to the break or injury.
In this section:
engage in conduct means:
do an act; or
omit to perform an act.
If a person, in the course of laying or repairing a submarine cable or pipeline of which he or she is the owner, causes a break in or injury to another cable or pipeline, he or she is liable to bear the cost of repairing the break or injury.
If, after all reasonable precautionary measures have been taken, an anchor, a net or any other fishing gear belonging to a ship is sacrificed in order to avoid injuring a submarine cable or pipeline, the owner of the ship is entitled to be indemnified for his or her loss by the owner of the cable or pipeline.
An offence against this Act may be prosecuted either summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.
In summary proceedings against a person for an offence against this Act, the court shall not impose on that person, in respect of the offence, a penalty of imprisonment for a term exceeding 3 months or a pecuniary penalty exceeding 10 penalty units.
Subject to the succeeding provisions of this section:
the several courts of the States are invested with federal jurisdiction; and
jurisdiction is conferred on the several courts of the Territories,
with respect to offences against this Act.
(2) The jurisdiction invested in or conferred on courts by the last preceding subsection is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions, whether those limits are as to subject-matter or otherwise, but subject to the conditions and restrictions specified in paragraphs (a), (b) and (c) of subsection (2) of section thirty-nine of the Judiciary Act 1903-1960.
The jurisdiction invested in, or conferred on, a court of summary jurisdiction by this section shall not be judicially exercised except by a Chief, Police, Stipendiary, Resident or Special Magistrate.
The trial on indictment of an offence against this Act, not being an offence committed within a State, may be held in any State or in any Territory.
Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for:
their summary conviction;
their examination and commitment for trial on indictment;
their trial and conviction on indictment; and
the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith,
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act.
(6) Except as provided by this section, the Judiciary Act 1903-1960 applies in relation to offences against this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history