Commonwealth Numbered Acts

GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1988 No. 105 of 1988 - SECT 21

21. Section 49 of the Principal Act is amended:
(a) by omitting all the words after "guilty of an offence" and substituting
"and is punishable on conviction by a fine not exceeding $5,000 or
imprisonment for a period not exceeding 2 years, or both";

   (b)  by adding at the end the following subsections:

"(2) An offence against subsection (1) is an indictable offence.

"(3) Notwithstanding that an offence against subsection (1) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if:

   (a)  the court is satisfied that it is proper to do so; and

   (b)  the defendant and the prosecutor consent.

"(4) Where, in accordance with subsection (3), a court of summary jurisdiction
convicts a person of an offence against subsection (1), the penalty that the
court may impose is a fine not exceeding $2,000 or imprisonment for a period
not exceeding 12 months, or both.".