Crimes (Ships and Fixed Platforms) Act 1992 (Cth)

Crimes (Ships and Fixed Platforms) Act 1992 No. 173, 1992 Compilation No. 4 Compilation date: 21 October 2016 Includes amendments up to: Act No. 61, 2016 Registered: 15 November 2016 About this compilation This compilation This is a compilation of the Crimes (Ships and Fixed Platforms) Act 1992 that shows the text of the law as amended and in force on 21 October 2016 (the compilation date). 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 the Legislation Register (www.legislation.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 the Legislation Register 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. Editorial changes For more information about any editorial changes made in this compilation, see 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 the Legislation Register 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Act extends to external Territories 5 Extraterritorial application 5A Application of the Criminal Code 6 Effect of this Act on other laws 7 Convictions under foreign laws Part 2—Provisions relating to the Convention Division 1—Offences in relation to ships 8 Seizing a ship 9 Acts of violence 10 Destroying or damaging a ship 11 Placing destructive devices on a ship 12 Destroying or damaging navigational facilities 13 Giving false information 14 Causing death 15 Causing grievous bodily harm 16 Causing injury to a person 17 Threatening to endanger a ship 18 Commencement of proceedings Division 2—Powers of ship's master 19 Arrest of offenders etc. 20 Ship's master may deliver alleged offenders to Convention State Part 3—Provisions relating to the Protocol 21 Seizing control of a fixed platform 22 Acts of violence 23 Destroying or damaging a fixed platform 24 Placing destructive devices on a fixed platform 25 Causing death 26 Causing grievous bodily harm 27 Causing injury to a person 28 Threatening to endanger a fixed platform 29 Commencement of proceedings Part 4—Miscellaneous 30 Written consent of Attorney‑General required 31 No prosecution except on indictment 32 Evidence of certain matters 33 Section 38 of the Judiciary Act Schedule 1—Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Schedule 2—Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to make provision in relation to certain crimes against the safety of ships and of fixed platforms Part 1—Preliminary 1 Short title This Act may be cited as the Crimes (Ships and Fixed Platforms) Act 1992. 2 Commencement (1) Parts 1 and 4 commence on the day on which this Act receives the Royal Assent. (2) Part 2 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia. (3) Part 3 commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol enters into force for Australia. 3 Interpretation (1) In this Act, unless the contrary intention appears: Australian ship has the same meaning as in the Shipping Registration Act 1981. Convention means the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 1. Convention State means a State Party to the Convention, but does not include Australia. engage in conduct means: (a) do an act; or (b) omit to perform an act. fixed platform means an artificial island, installation or structure permanently attached to the sea‑bed for the purpose of exploration for, or exploitation of, resources or for other economic purposes. foreign country means a place outside Australia that is: (a) an independent sovereign state; or (b) an area of land (whether or not it is self‑governing) that is not part of an independent sovereign state. international voyage means a voyage that passes, or is scheduled to pass: (a) through seas beyond the territorial sea of any state; or (b) through the territorial seas of more than one state. private ship means a ship that is not a warship or other ship operated for naval, military, customs or law enforcement purposes by Australia or by a foreign state. Protocol means the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988, a copy of the English text of which is set out in Schedule 2. Protocol State means a State Party to the Protocol, but does not include Australia. ship means a vessel of any type not permanently attached to the sea‑bed, and includes any dynamically supported craft, submersible, or any other floating craft, other than a vessel that has been withdrawn from navigation or is laid up. (2) Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Convention or Protocol, whether or not an express meaning is given to it by the Convention or Protocol and whether or not the Convention or the Protocol has entered into force. 4 Act extends to external Territories This Act extends to all external Territories. 5 Extraterritorial application This Act extends, unless the contrary intention appears: (a) to acts, matters and things outside Australia; and (b) to all persons, whatever their nationality or citizenship. 5A Application of the Criminal Code (1) Chapter 2 of the Criminal Code applies to all offences against this Act. Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. (2) Section 10.5 of the Criminal Code applies to an offence against subsection 10(1) or 11(1), or against section 21, 23 or 24, as if it covered conduct that is justified or excused by a law of the Commonwealth or of a State or Territory. (3) Sections 11.1, 11.2 and 11.2A of the Criminal Code do not apply in relation to offences against sections 17 and 28. 6 Effect of this Act on other laws (1) Subject to subsection 5A(3), this Act does not exclude or limit the operation of any other law of the Commonwealth or any law of a State or Territory. 7 Convictions under foreign laws If a person has been convicted in a foreign country of an offence against the law of that country in respect of any conduct, the person is not liable to be convicted of an offence against this Act in respect of that conduct. Part 2—Provisions relating to the Convention Division 1—Offences in relation to ships 8 Seizing a ship A person must not take possession of, or take or exercise control over, a private ship by the threat or use of force or by any other kind of intimidation. Penalty: Life imprisonment. 9 Acts of violence A person must not perform an act of violence against a person on board a private ship knowing that the act is likely to endanger the safe navigation of the ship. Penalty: 15 years imprisonment. 10 Destroying or damaging a ship (1) A person must not engage in conduct that causes the destruction of a private ship. Penalty: Life imprisonment. (2) A person must not engage in conduct that causes damage to a private ship or its cargo, knowing that such damage is likely to endanger the safe navigation of the ship. Penalty: Life imprisonment. 11 Placing destructive devices on a ship (1) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to destroy the ship. (2) A person must not place or cause to be placed on a private ship, by any means, a device or substance that is likely to cause damage to the ship or its cargo knowing that it is likely to endanger the safe navigation of the ship. Penalty: 15 years imprisonment. 12 Destroying or damaging navigational facilities A person must not engage in conduct that causes: (a) the destruction of maritime navigational facilities; or (b) serious damage to such facilities; or (c) serious interference with the operation of such facilities; if the destruction, damage or interference is likely to endanger the safe navigation of a private ship. Penalty: 15 years imprisonment. 13 Giving false information A person must not communicate false information knowing that the communication will endanger the safe navigation of a private ship. Penalty: 15 years imprisonment. 14 Causing death A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence. Penalty: Life imprisonment. 15 Causing grievous bodily harm A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence. Penalty: 15 years imprisonment. 16 Causing injury to a person A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 8 to 13 commits an offence. Penalty: 10 years imprisonment. 17 Threatening to endanger a ship (1) A person must not threaten to do an act that would constitute an offence against section 9, 10 or 12 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safe navigation of the ship concerned. Penalty: 2 years imprisonment. (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act. 18 Commencement of proceedings (1) Proceedings must not be commenced against a person for an offence against this Division unless, when the alleged offence was committed: (a) the ship concerned was: (i) on, or scheduled to engage in, an international voyage; or (ii) in the territorial sea or internal waters of a foreign country; and (b) the alleged offence had an Australian element or a Convention State element. (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence. (3) For the purposes of this section, an offence against this Division had an Australian element if: (a) the ship concerned was an Australian ship; or (b) the alleged offender was a national of Australia. (4) For the purposes of this section, an offence against this Division had a Convention State element if one of the following circumstances applied: (a) the ship concerned was a ship flying the flag of a Convention State; (b) the ship concerned was in the territorial sea or internal waters of a Convention State; (c) the alleged offender was a national of a Convention State; (d) the alleged offender was stateless and was habitually resident in a Convention State that had extended its jurisdiction under Article 6(2)(a) of the Convention; (e) during the commission of the alleged offence, a national of a Convention State was seized, threatened, injured or killed and the Convention State had extended its jurisdiction under Article 6(2)(b) of the Convention; (f) the alleged offence was committed in an attempt to compel a Convention State to do or abstain from doing any act and the Convention State had extended its jurisdiction under Article 6(2)(c) of the Convention. (5) In this section: offence against this Division includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16. Division 2—Powers of ship's master 19 Arrest of offenders etc. (1) A ship's master may arrest and hold in custody any person whom he or she has reasonable grounds to believe has committed an offence against Division 1. (2) A ship's master may hold an alleged offender in custody only until he or she can deliver the alleged offender to: (a) the appropriate authorities of any Convention State; or (b) another appropriate authority. 20 Ship's master may deliver alleged offenders to Convention State (1) A ship's master may deliver to the appropriate authorities of any Convention State any person whom he or she has reasonable grounds to believe has committed an offence against Division 1. (2) A ship's master who intends to deliver a person under subsection (1) must notify the appropriate authorities of the Convention State: (a) of his or her intention to deliver the person to the authorities; and (b) of his or her reasons for intending to do so. (3) A notification under subsection (2) must be given: (a) if it is reasonably practicable to do so‑before the ship concerned has entered the territorial sea of the Convention State; or (b) in any other case‑as soon as is reasonably practicable. (4) If a ship's master delivers a person under subsection (1), he or she must: (a) make to the authorities of the Convention State such oral or written statements relating to the alleged offence as those authorities may reasonably require; and (b) deliver to the authorities of the State such other evidence relating to the alleged offence as is in the master's possession. (5) A ship's master who fails to comply with subsection (3) or (4) commits an offence. Penalty: 20 penalty units. (5A) Subsection (5) does not apply if the ship's master has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (5A) (see subsection 13.3(3) of the Criminal Code). (6) In this section: offence against Division 1 includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 8 to 16. ship's master means the master of an Australian ship. Part 3—Provisions relating to the Protocol 21 Seizing control of a fixed platform A person must not take possession of, or take or exercise control over, a fixed platform by the threat or use of force or by any other kind of intimidation. Penalty: Life imprisonment. 22 Acts of violence A person must not perform an act of violence against a person on board a fixed platform knowing that the act is likely to endanger the safety of the platform. Penalty: 15 years imprisonment. 23 Destroying or damaging a fixed platform A person must not engage in conduct that causes the destruction of, or damage to, a fixed platform knowing that the destruction or damage is likely to endanger its safety. Penalty: Life imprisonment. 24 Placing destructive devices on a fixed platform A person must not place or cause to be placed on a fixed platform, by any means, a device or substance knowing that it is likely to destroy the fixed platform or endanger its safety. Penalty: 15 years imprisonment. 25 Causing death A person who engages in conduct that causes the death of another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence. Penalty: Life imprisonment. 26 Causing grievous bodily harm A person who engages in conduct that causes grievous bodily harm to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence. Penalty: 15 years imprisonment. 27 Causing injury to a person A person who engages in conduct that causes injury to another person in connection with the commission or attempted commission of an offence against any of sections 21 to 24 commits an offence. Penalty: 10 years imprisonment. 28 Threatening to endanger a fixed platform (1) A person must not threaten to do an act that would constitute an offence against section 22 or 23 with intent to compel an individual, a body corporate or a body politic to do or refrain from doing an act, if that threat is likely to endanger the safety of a fixed platform. Penalty: 2 years imprisonment. (2) For the purposes of this section, a person is taken to threaten to do an act if the person makes any statement or does anything else indicating, or from which it could reasonably be inferred, that it is his or her intention to do that act. 29 Commencement of proceedings (1) Proceedings must not be commenced against a person for an offence against this Part unless, when the alleged offence was committed: (a) the platform concerned was beyond the Australian territorial sea; and (b) the alleged offence had an Australian element or a Protocol State element. (2) Paragraph (1)(a) does not apply if the person is in Australia only because he or she was extradited to Australia in relation to the acts that constituted the offence. (3) For the purposes of this section, an offence against this Part had an Australian element if: (a) the fixed platform concerned was on the Australian continental shelf; or (b) the alleged offender was a national of Australia. (4) For the purposes of this section, an offence against this Part had a Protocol State element if one of the following circumstances applied: (a) the fixed platform concerned was on the continental shelf of a Protocol State; (b) the fixed platform concerned was in the territorial sea or internal waters of a Protocol State; (c) the alleged offender was a national of a Protocol State; (d) the alleged offender was stateless and was habitually resident in a Protocol State that had extended its jurisdiction under Article 3(2)(a) of the Protocol; (e) during the commission of the alleged offence, a national of a Protocol State was seized, threatened, injured or killed and the Protocol State had extended its jurisdiction under Article 3(2)(b) of the Protocol; (f) the alleged offence was committed in an attempt to compel a Protocol State to do or abstain from doing any act and the Protocol State had extended its jurisdiction under Article 3(2)(c) of the Protocol. (5) In this section: offence against this Part includes an offence created by section 11.1, 11.2 or 11.2A of the Criminal Code that relates to an offence against any of sections 21 to 27. Part 4—Miscellaneous 30 Written consent of Attorney‑General required (1) A prosecution for an offence: (a) against Division 1 of Part 2 or Part 3; or (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27; may not be begun except with the consent of the Attorney‑General or of a person authorised by the Attorney‑General to give consent. (2) Despite subsection (1): (a) a person may be arrested for such an offence, and a warrant for such an arrest may be issued and executed; and (b) a person may be charged with an offence against this Act; and (c) a person so charged may be remanded in custody or on bail; but no further step in the proceedings referred to in subsection (1) is to be taken until the Attorney‑General's consent has been given. (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time. 31 No prosecution except on indictment Despite section 4J of the Crimes Act 1914, an offence: (a) against Division 1 of Part 2 or Part 3; or (b) created by section 11.1, 11.2 or 11.2A of the Criminal Code in relation to an offence against any of sections 8 to 16 and sections 21 to 27; may not be tried except on indictment. 32 Evidence of certain matters A certificate by the Attorney‑General, or a person authorised by the Attorney‑General to give such a certificate, stating any of the following: (a) that a specified State was, at specified times, a Convention or Protocol State; (b) the extent to which a specified Convention or Protocol State had, at specified times, extended its jurisdiction under Article 6(2) of the Convention or Article 3(2) of the Protocol; (c) that specified waters were, at a specified time: (i) within the internal waters or territorial sea, or above the continental shelf, of Australia or of a specified foreign country; or (ii) beyond the territorial sea of Australia and of any foreign country; is, for the purposes of any proceedings under this Act, prima facie evidence of the facts stated in the certificate. 33 Section 38 of the Judiciary Act A matter arising under this Act, including a question of interpretation of the Convention or Protocol for the purposes of this Act, is, for the purposes of section 38 of the Judiciary Act 1903, taken not to be a matter arising directly under a treaty. Schedule 1—Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Section 3 The States Parties to this Convention, HAVING IN MIND the purposes and principles of the Charter of the United Nations concerning the maintenance of international peace and security and the promotion of friendly relations and co‑operation among States, RECOGNIZING in particular that everyone has the right to life, liberty and security of person, as set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, DEEPLY CONCERNED about the world‑wide escalation of acts of terrorism in all its forms, which endanger or take innocent human lives, jeopardize fundamental freedoms and seriously impair the dignity of human beings, CONSIDERING that unlawful acts against the safety of maritime navigation jeopardize the safety of persons and property, seriously affect the operation of maritime services, and undermine the confidence of the peoples of the world in the safety of maritime navigation, CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community as a whole, BEING CONVINCED of the urgent need to develop international co‑operation between States in devising and adopting effective and practical measures for the prevention of all unlawful acts against the safety of maritime navigation, and the prosecution and punishment of their perpetrators, RECALLING resolution 40/61 of the General Assembly of the United Nations of 9 December 1985 which, inter alia, "urges all States unilaterally and in co‑operation with other States, as well as relevant United Nations organs, to contribute to the progressive elimination of causes underlying international terrorism and to pay special attention to all situations, including colonialism, racism and situations involving mass and flagrant violations of human rights and fundamental freedoms and those involving alien occupation, that may give rise to international terrorism and may endanger international peace and security", RECALLING FURTHER that resolution 40/61 "unequivocally condemns, as criminal, all acts, methods and practices of terrorism wherever and by whomever committed, including those which jeopardize friendly relations among States and their security", RECALLING ALSO that by resolution 40/61, the International Maritime Organization was invited to "study the problem of terrorism aboard or against ships with a view to making recommendations on appropriate measures", HAVING IN MIND resolution A.584(14) of 20 November 1985, of the Assembly of the International Maritime Organization, which called for development of measures to prevent unlawful acts which threaten the safety of ships and the security of their passengers and crews, NOTING that acts of the crew which are subject to normal shipboard discipline are outside the purview of this Convention, AFFIRMING the desirability of monitoring rules and standards relating to the prevention and control of unlawful acts against ships and persons on board ships, with a view to updating them as necessary, and, to this effect, taking note with satisfaction of the Measures to Prevent Unlawful Acts against Passengers and Crews on Board Ships, recommended by the Maritime Safety Committee of the International Maritime Organization, AFFIRMING FURTHER that matters not regulated by this Convention continue to be governed by the rules and principles of general international law, RECOGNIZING the need for all States, in combating unlawful acts against the safety or maritime navigation, strictly to comply with rules and principles of general international law, HAVE AGREED as follows: ARTICLE 1 For the purposes of this Convention, "ship" means a vessel of any type whatsoever not permanently attached to the sea‑bed, including dynamically supported craft, submersibles, or any other floating craft. ARTICLE 2 1 This Convention does not apply to: (a) a warship; or (b) a ship owned or operated by a State when being used as a naval auxiliary or for customs or police purposes; or (c) a ship which has been withdrawn from navigation or laid up. 2 Nothing in this Convention affects the immunities of warships and other government ships operated for non‑commercial purposes. ARTICLE 3 1 Any person commits an offence if that person unlawfully and intentionally: (a) seizes or exercises control over a ship by force or threat thereof or any other form of intimidation; or (b) performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or (c) destroys a ship or causes damage to a ship or to its cargo which is likely to endanger the safe navigation of that ship; or (d) places or causes to be placed on a ship, by any means whatsoever, a device or substance which is likely to destroy that ship, or cause damage to that ship or its cargo which endangers or is likely to endanger the safe navigation of that ship; or (e) destroys or seriously damages maritime navigational facilities or seriously interferes with their operation, if any such act is likely to endanger the safe navigation of a ship; or (f) communicates information which he knows to be false, thereby endangering the safe navigation of a ship; or (g) injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f). 2 Any person also commits an offence if that person: (a) attempts to commit any of the offences set forth in paragraph 1; or (b) abets the commission of any of the offences set forth in paragraph 1 perpetrated by any person or is otherwise an accomplice of a person who commits such an offence; or (c) threatens, with or without a condition, as is provided for under national law, aimed at compelling a physical or juridical person to do or refrain from doing any act, to commit any of the offences set forth in paragraph 1, subparagraphs (b), (c) and (e), if that threat is likely to endanger the safe navigation of the ship in question. ARTICLE 4 1 This Convention applies if the ship is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single State, or the lateral limits of its territorial sea with adjacent States. 2 In cases where the Convention does not apply pursuant to paragraph 1, it nevertheless applies when the offender or the alleged offender is found in the territory of a State Party other than the State referred to in paragraph 1. ARTICLE 5 Each State Party shall make the offences set forth in article 3 punishable by appropriate penalties which take into account the grave nature of those offences. ARTICLE 6 1 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 when the offence is committed: (a) against or on board a ship flying the flag of the State at the time the offence is committed; or (b) in the territory of that State, including its territorial sea; or (c) by a national of that State. 2 A State Party may also establish its jurisdiction over any such offence when: (a) it is committed by a stateless person whose habitual residence is in that State; or (b) during its commission a national of that State is seized, threatened, injured or killed; or (c) it is committed in an attempt to compel that State to do or abstain from doing any act. 3 Any State Party which has established jurisdiction mentioned in paragraph 2 shall notify the Secretary‑General of the International Maritime Organization (hereinafter referred to as "the Secretary‑General"). If such State Party subsequently rescinds that jurisdiction, it shall notify the Secretary‑General. 4 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 3 in cases where the alleged offender is present in its territory and it does not extradite him to any of the States Parties which have established their jurisdiction in accordance with paragraphs 1 and 2 of this article. 5 This Convention does not exclude any criminal jurisdiction exercised in accordance with national law. ARTICLE 7 1 Upon being satisfied that the circumstances so warrant, any State Party in the territory of which the offender or the alleged offender is present shall, in accordance with its law, take him into custody or take other measures to ensure his presence for such time as is necessary to enable any criminal or extradition proceedings to be instituted. 2 Such State shall immediately make a preliminary inquiry into the facts, in accordance with its own legislation. 3 Any person regarding whom the measures referred to in paragraph 1 are being taken shall be entitled to: (a) communicate without delay with the nearest appropriate representative of the State of which he is a national or which is otherwise entitled to establish such communication or, if he is a stateless person, the State in the territory of which he has his habitual residence; (b) be visited by a representative of that State. 4 The rights referred to in paragraph 3 shall be exercised in conformity with the laws and regulations of the State in the territory of which the offender or the alleged offender is present, subject to the proviso that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under paragraph 3 are intended. 5 When a State Party, pursuant to this article, has taken a person into custody, it shall immediately notify the States which have established jurisdiction in accordance with article 6, paragraph 1 and, if it considers it advisable, any other interested States, of the fact that such person is in custody and of the circumstances which warrant his detention. The State which makes the preliminary inquiry contemplated in paragraph 2 of this article shall promptly report its findings to the said States and shall indicate whether it intends to exercise jurisdiction. ARTICLE 8 1 The master of a ship of a State Party (the "flag State") may deliver to the authorities of any other State Party (the "receiving State") any person who he has reasonable grounds to believe has committed one of the offences set forth in article 3. 2 The flag State shall ensure that the master of its ship is obliged, whenever practicable, and if possible before entering the territorial sea of the receiving State carrying on board any person whom the master intends to deliver in accordance with paragraph 1, to give notification to the authorities of the receiving State of his intention to deliver such person and the reasons therefor. 3 The receiving State