Common use of Criminal Jurisdiction Clause in Contracts

Criminal Jurisdiction. 1. Subject to paragraph 3 of this Article a national or permanent resident of a Contracting State shall be subject to the criminal law of that State in respect of acts or omissions occurring in Area A connected with or arising out of exploration for and exploitation of petroleum resources, provided that a permanent resident of a Contracting State who is a national of the other Contracting State shall be subject to the criminal law of the latter State. (a) Subject to paragraph 3 of this Article, a national of a third State, not being a permanent resident of either Contracting State, shall be subject to the criminal law of both Contracting States in respect of acts or omissions occurring in Area A connected with or arising out of the exploration for and exploitation of petroleum resources. Such a person shall not be subject to criminal proceedings under the law of one Contracting State if he or she has already been tried and discharged or acquitted by a competent tribunal or already undergone punishment for the same act or omission under the law of the other Contracting State or where the competent authorities of one Contracting State, in accordance with its law, have decided in the public interest to refrain from prosecuting the person for that act or omission. (b) In cases referred to in sub-paragraph (a) of this paragraph, the Contracting States shall, as and when necessary, consult each other to determine which criminal law is to be applied, taking into account the nationality of the victim and the interests of the Contracting State most affected by the alleged offence. 3. The criminal law of the flag State shall apply in relation to acts or omissions on board vessels including seismic or drill vessels in, or aircraft in flight over, Area A. (a) The Contracting States shall provide assistance to and cooperate with each other, including through agreements or arrangements as appropriate, for the purposes of enforcement of criminal law under this Article, including the obtaining of evidence and information. (b) Each Contracting State recognizes the interest of the other Contracting State where a victim of an alleged offence is a national of that other State and shall keep that other State informed to the extent permitted by its law of action being taken with regard to the alleged offence. 5. The Contracting States may make arrangements permitting officials of one Contracting State to assist in the enforcement of the criminal law of the other Contracting State. Where such assistance involves the detention of a person who under paragraph 1 of this Article is subject to the jurisdiction of the other Contracting State that detention may only continue until it is practicable to hand the person over to the relevant officials of that other Contracting State.

Criminal Jurisdiction. 1. Subject to paragraph 3 of this Article a (a) A national or permanent resident of a Contracting State Australia or East Timor shall be subject to the criminal law of that State country in respect of acts or omissions occurring in Area A the JPDA connected with or arising out of exploration for and exploitation of petroleum resources, provided that a permanent resident of a Contracting State Australia or East Timor who is a national of the other Contracting State country shall be subject to the criminal law of the latter Statecountry. (ab) Subject to paragraph 3 of this Article(d), a national of a third State, not being a permanent resident of either Contracting StateAustralia or East Timor, shall be subject to the criminal law of both Contracting States Australia and East Timor in respect of acts or omissions occurring in Area A the JPDA connected with or arising out of the exploration for and exploitation of petroleum resourcesactivities. Such a person shall not be subject to criminal proceedings under the law of one Contracting State either Australia or East Timor if he or she has already been tried and discharged or acquitted by a competent tribunal or already undergone punishment for the same act or omission under the law of the other Contracting State country or where the competent authorities of one Contracting Statecountry, in accordance with its law, have decided in the public interest to refrain from prosecuting the person for that act or omission. (bc) In cases referred to in sub-paragraph (a) of this paragraphb), the Contracting States Australia and East Timor shall, as and when necessary, consult each other to determine which criminal law is to be applied, taking into account the nationality of the victim and the interests of the Contracting State country most affected by the alleged offence. 3. (d) The criminal law of the flag State shall apply in relation to acts or omissions on board vessels vessels, including seismic or drill vessels in, or aircraft in flight over, Area A.the JPDA. (ae) The Contracting States Australia and East Timor shall provide assistance to and cooperate with each other, including through agreements or arrangements as appropriate, for the purposes of enforcement of criminal law under this Articlearticle, including the obtaining of evidence and information. (bf) Each Contracting State recognizes Both Australia and East Timor recognize the interest of the other Contracting State country where a victim of an alleged offence is a national of that other State country and shall keep that other State informed country informed, to the extent permitted by its law law, of action being taken with regard to the alleged offence. 5. The Contracting States (g) Australia and East Timor may make arrangements permitting officials of one Contracting State country to assist in the enforcement of the criminal law of the other Contracting Statecountry. Where such assistance involves the detention of a person who under paragraph 1 of this Article (a) is subject to the jurisdiction of the other Contracting State country that detention may only continue until it is practicable to hand the person over to the relevant officials of that other Contracting Statecountry.

Criminal Jurisdiction. 1. Subject to paragraph 3 of this Article a national or permanent resident of a Contracting State shall be subject to the criminal law of that State in respect of acts or omissions occurring in Area A connected with or arising out of exploration for and exploitation of petroleum resources, provided that a permanent resident of a Contracting State who is a national of the other Contracting State shall be subject to the criminal law of the latter State. (a) Subject to paragraph 3 of this Article, a national of a third State, not being a permanent resident of either Contracting State, shall be subject to the criminal law of both Contracting States in respect of acts or omissions occurring in Area A connected with or arising out of the exploration for and exploitation of petroleum resources. Such a person shall not be subject to criminal proceedings under the law of one Contracting State if he or she has already been tried and discharged or acquitted by a competent tribunal or already undergone punishment for the same act or omission under the law of the other Contracting State or where the competent authorities of one Contracting State, in accordance with its law, have decided in the public interest to refrain from prosecuting the person for that act or omission. (b) . In cases referred to in sub-paragraph (a) of this paragraph, the Contracting States shall, as and when necessary, consult each other to determine which criminal law is to be applied, taking into account the nationality of the victim and the interests of the Contracting State most affected by the alleged offence. 3. The criminal law of the flag State shall apply in relation to acts or omissions on board vessels including seismic or drill vessels in, or aircraft in flight over, Area A. (a) The Contracting States shall provide assistance to and cooperate with each other, including through agreements or arrangements as appropriate, for the purposes of enforcement of criminal law under this Article, including the obtaining of evidence and information. (b) . Each Contracting State recognizes the interest of the other Contracting State where a victim of an alleged offence is a national of that other State and shall keep that other State informed to the extent permitted by its law of action being taken with regard to the alleged offence. 5. The Contracting States may make arrangements permitting officials of one Contracting State to assist in the enforcement of the criminal law of the other Contracting State. Where such assistance involves the detention of a person who under paragraph 1 of this Article is subject to the jurisdiction of the other Contracting State that detention may only continue until it is practicable to hand the person over to the relevant officials of that other Contracting State.