Submarine Cables and Pipelines Protection Act 1963

No. 61, 1963

Compilation No. 10

Compilation date: 10 December 2015

Includes amendments up to: Act No. 145, 2015

Registered: 2 February 2016

About this compilation

This compilation

This is a compilation of the Submarine Cables and Pipelines Protection Act 1963 that shows the text of the law as amended and in force on 10 December 2015 (the compilation date).

This compilation was prepared on 22 January 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

An Act relating to the Protection of Submarine Cables and Pipelines beneath the High Seas

1 Short title

This Act may be cited as the Submarine Cables and Pipelines Protection Act 1963.

2 Commencement

This Act shall come into operation on the day on which it receives the Royal Assent.

3 Saving of other laws

(1) 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.

(2) 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.

4 Extension of Act to Territories

This Act extends to all the Territories.

5 Act applies only to cables and pipelines beneath the high seas

(1) This Act applies only to a submarine cable or pipeline, or that part of a submarine cable or pipeline:

(a) 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).

(2) In subsection (1):

high seas has the same meaning as in the United Nations Convention on the Law of the Sea done at Montego Bay on 10 December 1982.

5A Application of the Criminal Code

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.

6 Act binds Crown

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.

7 Persons not to break or injure submarine cables or pipelines

(1) A person commits an offence if the person engages in conduct and the conduct results in a ship registered in Australia or in a Territory breaking or injuring:

(a) a submarine telegraph or a telephone cable in such a manner as might interrupt or obstruct telegraphic or telephonic communications; or

(b) a submarine pipeline; or

Penalty: $2,000, or imprisonment for 12 months.

(1A) 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 Australia or in a Territory breaking or injuring:

(a) a submarine telegraph or a telephone cable in such a manner as might interrupt or obstruct telegraphic or telephonic communications; or

(b) a submarine pipeline; or

Penalty: $1,000, or imprisonment for 3 months.

(2) Where:

(a) 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

(b) 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.

(3) In this section:

engage in conduct means:

(a) do an act; or

(b) omit to perform an act.

8 Liability for breaking or injuring a cable or pipeline

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.

9 Indemnity for loss of anchor etc

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.

10 Punishment of offences

(1) 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.

(2) 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 exceeding One thousand dollars or imprisonment for a term exceeding three months.

11 Jurisdiction of courts

(1) Subject to the succeeding provisions of this section:

(a) the several courts of the States are invested with federal jurisdiction; and

(b) 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.

(3) 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.

(4) 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.

(5) 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:

(a) their summary conviction;

(b) their examination and commitment for trial on indictment;

(d) 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

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

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.

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 amendment is set out in the endnotes.

Endnote 2—Abbreviation key

A = Act	orig = original
ad = added or inserted	par = paragraph(s)/subparagraph(s)
am = amended	/sub‑subparagraph(s)
amdt = amendment	pres = present
c = clause(s)	prev = previous
C[x] = Compilation No. x	(prev…) = previously
Ch = Chapter(s)	Pt = Part(s)
def = definition(s)	r = regulation(s)/rule(s)
Dict = Dictionary	Reg = Regulation/Regulations
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislative Instruments	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LI = Legislative Instrument	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md) = misdescribed amendment	SR = Statutory Rules
mod = modified/modification	Sub‑Ch = Sub‑Chapter(s)
No. = Number(s)	SubPt = Subpart(s)
o = order(s)	underlining = whole or part not
Ord = Ordinance	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Submarine Cables and Pipelines Protection Act 1963	61, 1963	28 Oct 1963	28 Oct 1963
Statute Law Revision (Decimal Currency) Act 1966	93, 1966	29 Oct 1966	1 Dec 1966	—
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	s 9(1)
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001	143, 2001	1 Oct 2001	2 Oct 2001	s 4
International Maritime Conventions Legislation Amendment Act 2001	149, 2001	1 Oct 2001	Schedule 4: Royal Assent	—
Telecommunications and Other Legislation Amendment (Protection of Submarine Cables and Other Measures) Act 2005	104, 2005	23 Aug 2005	Schedule 1 (item 1): 20 Sept 2005	—
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 4 (items 478, 479): 4 July 2008	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (item 1073) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch 3 (items 10, 11)
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 3 (item 37): 10 Dec 2015 (s 2(1) item 7)	—

Endnote 4—Amendment history

Provision affected	How affected
Preamble.................	rep. No. 149, 2001
ss. 3, 4..................	am. No. 216, 1973
s. 5.....................	am. No. 149, 2001; No. 104, 2005; No. 46, 2011
s. 5A....................	ad. No. 143, 2001
s. 6.....................	am. No. 216, 1973; No 145, 2015
s. 7.....................	am. No. 93, 1966; No. 216, 1973; No. 143, 2001
ss. 8, 9..................	am. No. 73, 2008
s. 10....................	am. No. 93, 1966
s. 11....................	am. No. 216, 1973