Crimes Act 1914

Pt VII repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018.

Pt VII heading substituted by No 91 of 2002, s 3 and Sch 1 item 1A, effective 28 November 2002. For transitional provision, see note under former s 78. The heading formerly read:

Espionage and official secrets

S 83 repealed by No 67 of 2018, s 3 and Sch 2 item 5, applicable to conduct that occurs on or after 29 December 2018. S 83 formerly read:

SECTION 83 Unlawful soundings  
(1)
Any person who in the Commonwealth or in any Territory:

(a) takes any unlawful soundings;

(b) makes any record of any unlawful soundings;

(c) intentionally has in possession any record of unlawful soundings;

(d) communicates to any person outside the Commonwealth or any Territory any record of or information concerning unlawful soundings; or

(e) communicates to any other person any record of or information concerning unlawful soundings with intent that the record or information may be communicated to any person outside the Commonwealth or any Territory;

commits an indictable offence.

Penalty: Imprisonment for 2 years.

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History

S 83(1) amended by No 4 of 2016, s 3 and Sch 4 item 351, by substituting " commits " for " shall be guilty of " , effective 10 March 2016.

S 83(1)(c) amended by No 24 of 2001, s 3 and Sch 10 item 95, by substituting " intentionally " for " knowingly " . For application provisions, see note under s 3BA.

(2)
For the purposes of this section all soundings taken in the territorial waters of the Commonwealth or any Territory shall be deemed to be unlawful unless they were made under the authority of the Queen, the Commonwealth Government, or a State Government, or the Government of a Territory, or were reasonably necessary for the navigation of the vessel from which they were taken or for any purpose in which the vessel from which they were taken was lawfully engaged.

(3)
In any prosecution under this section, proof that any soundings were not unlawfully taken shall lie upon the defendant.

(4)
Any figure or word or sign representing a figure (other than the printed figures appearing on any official or recognized map or chart) appearing on any map or sketch of any portion of the coast or territorial waters of Australia or of a Territory shall, in the absence of satisfactory proof to the contrary, be deemed to be a record of an unlawful sounding, but nothing in this subsection shall affect proof of unlawful soundings in any other manner.

(5)
All records of unlawful soundings including all maps or charts having thereon any record of unlawful soundings shall be forfeited to the Commonwealth.

(6)
A reference in this section to soundings shall be read as including a reference to a hydrographic survey and a reference to the taking of soundings shall be read as including a reference to the making of a hydrographic survey.