Piracy Punishment Act 1902 (ACT)

Case

Piracy Punishment Act 1902

No 69 (repealed)

Republication No 3

Effective:  18 January 2003

Republication date: 18 January 2003

As repealed by Act 2002 No 49

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Piracy Punishment Act 1902 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 18 January 2003.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

    Penalties

    The value of a penalty unit for an offence against this republished law at the republication date is—

    (a)if the person charged is an individual—$100; or

    (b)if the person charged is a corporation—$500.

    Piracy Punishment Act 1902 (repealed)

    Contents

    Page

    1. Name of Act  2

    2. Punishment if piracy accompanied by assault with intent to murder etc 2

    3. Punishment in other cases  2

    4. Punishment of accessories  2

    5. Nothing in this Act to affect Acts regulating management of prisons    2

    Schedule 13

    Endnotes

    1. About the endnotes  4

    2. Abbreviation key  4

    3. Legislation history  5

    4. Amendment history  6

    5. Earlier republications  6

    Piracy Punishment Act 1902 (repealed)

    An Act to consolidate the statutes relating to the punishment for piracy

    1. Name of Act

      This Act is the Piracy Punishment Act 1902.

    2. Punishment if piracy accompanied by assault with intent to murder etc

      A person who, with intent to commit, or at the time of, or immediately before, or immediately after, committing, the crime of piracy, in relation to any ship or vessel, assaults, with intent to murder, any person being on board of, or belonging to, the ship or vessel, or stabs, cuts or wounds any such person, or unlawfully does any act by which the life of any such person may be endangered, shall be liable to imprisonment for life.

    3. Punishment in other cases

      A person who commits any offence that, by any of the Acts mentioned in the schedule 1, amounts to the crime of piracy and is thereby made punishable with death, shall be liable to imprisonment for any term not exceeding 15 years.

    4. Punishment of accessories

      For every offence punishable under this Act—

      (a)every principal in the second degree, and every accessory before the fact, shall be punishable in the same way as the principal in the first degree is by this Act punishable; and

      (b)every accessory after the fact shall be liable to imprisonment for any term not exceeding 2 years.

    5. Nothing in this Act to affect Acts regulating management of prisons

      Nothing in this Act shall affect the provisions of any Act relating to the management and control of prisons.


    Schedule 1

    (see s 5)

    column 1

    item

    column 2

    Act

    1 Offences at Sea Act 1536 28 Hen 8 c 15
    2 Piracy Act 1698 11 Will 3 c 7
    3 Piracy Act 1717 4 Geo l c 11
    4 Piracy Act 1728 8 Geo l c 24
    5 Piracy Act 1744 18 Geo 2 c 30

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

      If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

    2. Abbreviation key

    am = amended ord = ordinance
    amdt = amendment orig = original
    ch = chapter p = page
    cl = clause par = paragraph
    def = definition pres = present
    dict = dictionary prev = previous
    disallowed = disallowed by the Legislative (prev...) = previously
    Assembly prov = provision
    div = division pt = part
    exp = expires/expired r = rule/subrule
    Gaz = Gazette reg = regulation/subregulation
    hdg = heading renum = renumbered
    IA = Interpretation Act 1967 reloc = relocated
    ins = inserted/added R[X] = Republication No
    LA = Legislation Act 2001 RI = reissue
    LR = legislation register s = section/subsection
    LRA = Legislation (Republication) Act 1996 sch = schedule
    mod = modified / modification sdiv = subdivision
    No = number sub = substituted
    num = numbered SL  = Subordinate Law
    o = order underlining = whole or part not commenced
    om = omitted/repealed or to be expired
    1. Legislation history

      This Act was originally a NSW Act—the Piracy Punishment Act 1902 No 69 (NSW).

      The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.

      Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).

      The ACT Self-Government (Consequential Provisions) Act 1988 No 109 (Cwlth), s 12) converted some NSW Acts in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 1 July 1990.

      Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.

      Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

      NSW legislation

      Piracy Punishment Act 1902 No 69

      assented to 5 September 1902
      commenced 5 September 1902

      as amended by

      Commonwealth legislation

      Crimes Ordinance 1968 No 4 s 19

      notified 14 March 1968
      commenced 15 March 1968 (s 2)

      New South Wales Acts Application Ordinance 1985 No 25 sch 2 pt 3

      notified 28 June 1985
      commenced 28 June 1985
      disallowed by senate 28 November 1985

      New South Wales Acts Ordinance 1986 No 91 sch 2 pt 3

      notified 12 January 1987

      sch 2 pt 3 commenced 12 January 1987

      Legislation after becoming Territory enactment

      Statute Law Amendment Act 2001 (No 2) No 56 pt 3.41

      notified 5 September 2001 (Gaz 2001 No S65)
      s 1, s 2 commenced 5 September 2001 (IA s 10B)
      pt 3.41 commenced 5 September 2001 (s 2 (1))

      as repealed by

      Statute Law Amendment Act 2002 (No 2) No 49 pt 4.12

      notified LR 20 December 2002
      s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
      pt 4.12 commenced 17 January 2003 (s 2 (1))

    2. Amendment history

      The New South Wales Acts Act 1986, sch 2, pt 3 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT. This endnote, therefore, only details amendments made after the enactment of the 1986 Act.

      Name of Act

      s 1sub 2001 No 56 andt 3.466

      Schedule 1

      sch 1(prev sch) renum and am R2 LA

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

    Republication No

    Amendments to

    Republication date

    1 ord 1986 No 91 31 August 1992
    2 Act 2001 No 56 22 August 2002

    Unauthorised version prepared by ACT Parliamentary Counsel's Office

    ©  Australian Capital Territory 2003

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