Commonwealth Numbered Acts

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PROTECTION OF THE SEA (PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 No. 41, 1983 - SECT 28

Prosecution of offences against Act

28. (1) Subject to sub-section (2), an offence against this Act (other than an
offence against sub-section 27 (2) or a provision of the regulations) is an
indictable offence.

(2) Notwithstanding that an offence against this Act (other than an offence
against sub-section 27 (2) or a provision of the regulations) is an indictable
offence, a court of summary jurisdiction may hear and determine proceedings in
respect of such an offence if the court is satisfied that it is proper to do
so and the defendant and the prosecutor consent.

(3) Where, in accordance with sub-section (2), a court of summary jurisdiction
convicts a person of an offence against this Act, the penalty that the court
may impose is a fine not exceeding-

   (a)  in the case of a person, not being a body corporate-$2,000; or

   (b)  in the case of a person, being a body corporate-$5,000. 


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