Victorian Current Acts

POLLUTION OF WATERS BY OIL AND NOXIOUS SUBSTANCES ACT 1986 - SECT 24C

S. 24C(1) amended by No. 68/2009 s. 97(Sch. item 94).

    (1)     Part 3.1 of Chapter 3 of the Criminal Procedure Act 2009 enabling the hearing of a charge for certain indictable offences in a summary way has effect with respect to indictable offences under this Act, subject to the following provisions:

S. 24C(1)(a) amended by No. 35/1996
s. 453(Sch. 1 item 66).

        (a)     Any consent required by those provisions to be given by the person charged may, in the absence of that person, be given on that person's behalf by that person's legal practitioner or the agent of the owner, charterer, manager or operator of the ship in respect of which the offence is alleged to have occurred;

        (b)     The court may hear and determine that charge in a summary way if it considers of its own motion at any time during or immediately after the hearing of the evidence for the prosecution and whether or not the person charged is present in court or represented in court that it is fitting for the charge to be disposed of summarily;

        (c)     The court may impose a fine of not more than 500 penalty units, or imprisonment for 2 years, or both;

        (d)     If the person charged is for the time being out of the jurisdiction, service of any documents relating to the offence is sufficiently served on that person by being served on the agent (if any) of the owner, charterer, manager or operator of the ship in respect of which the offence is alleged to have occurred.

    (2)     Despite the provisions of any Act, law or usage to the contrary, a person who has been directed to be tried for an indictable offence under this Act may be proceeded against, tried and convicted of the offence in the person's absence.

S. 24D (Heading) inserted by No. 65/2010 s. 420(Sch. 3 item 14.1).

S. 24D inserted by No. 46/1991
s. 19, amended by No. 65/2010 s. 420(Sch. 3 item 14.2).