Part 20 Proceedings for enforcement
Division 1 Proceedings for enforcement
233 Time within which proceedings may be commenced
(cf former Act s 54)
A prosecution for an offence against this Act in the Local Court must be brought within 2 years of the alleged commission of the offence.
(cf former Act s 55)
(1) Proceedings for an offence against this Act or the regulations may be dealt with summarily before:(a) the Local Court, or(b) the Land and Environment Court in its summary jurisdiction.(2) In proceedings for an offence against this Act or the regulations brought in the Local Court, the maximum penalty that the Court may impose is, notwithstanding any other provision of this Act:(a) $55,000 or 2 years imprisonment, or both, or(b) the maximum penalty provided by this Act or the regulations for the offence,whichever is the lesser.
(cf former Act s 56)
(1) If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.(2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or has been convicted under the provision.(3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation under this Act or the regulations.
Division 2 Penalties are charges on ship
236 Penalties are charges on ship
(cf former Act s 52 (1))
The amount of any penalty that can be imposed under this Act against the owner or master of a ship in relation to a discharge is a charge on the ship.
237 Detention of ship until recovery of penalty or provision of security
(cf former Act s 52 (2))
A ship may be detained by a person authorised by the Minister for the purposes of this section until the amount of any penalty that can be imposed under this Act is paid or security for the payment of the amount is provided in accordance with Part 18.
238 Records are admissible as evidence
(cf former Act s 58)
In any proceedings for an offence against a provision of this Act:(a) any record kept in compliance with an obligation under this Act is admissible as evidence (until evidence is given to the contrary) of the facts stated in the record, and(b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as evidence (until evidence is given to the contrary) of the facts stated in the entry, and(c) a document purporting to be a record kept in pursuance of this Act, or purporting to be a copy certified by the person by whom the record is required to be kept to be a true copy of the record, is (until evidence is given to the contrary) taken to be such a record or certified copy, as the case may be.
239 Proof of certain matters not required
(cf former Act s 58 (d) and (e))
In any legal proceedings for an offence under this Act, proof is not required (until evidence is given to the contrary) of the following:(a) the giving of a notice by the Minister,(b) the appointment of a person as an inspector.
(cf former Act s 59)
(1) The Minister may, by instrument in writing, appoint appropriately qualified persons to be analysts for the purposes of this Act.(2) Subject to subsection (4), a certificate of such an analyst stating that the analyst has analysed or examined a substance and stating the result of the analysis or examination is admissible (until evidence is given to the contrary) in evidence in any proceedings for an offence against a provision of this Act as evidence of the facts stated in the certificate and of the correctness of the result of the analysis or examination.(3) For the purposes of this section, a document purporting to be a certificate under this section is, unless the contrary is proved, taken to be such a certificate.(4) A certificate under this section must not be received in evidence in pursuance of this section unless the person charged has been given a copy of the certificate together with reasonable notice of the intention of the prosecution to produce the certificate as evidence in the proceedings.(5) Where, in pursuance of this section, a certificate of an analyst is admitted in evidence, the person charged may require the analyst to be called as a witness for the prosecution and the analyst may be cross-examined as if the analyst had given evidence of the matters stated in the certificate.
(1) A prosecution of a person under section 16 or 17 does not affect the prosecution of the master or owner of a ship (or both of them) under section 15.(2) However, a person is not liable to be convicted in respect of the same discharge of both an offence:(a) under sections 15 and 16, or(b) under sections 15 and 17, or(c) under sections 16 and 17.(3) A prosecution of a person under section 28 does not affect the prosecution of the master or owner of a ship (or both of them) under section 27.(4) However, a person is not liable to be convicted in respect of the same discharge of both an offence under sections 27 and 28.(5) A prosecution of a person under section 30 or 31 does not affect the prosecution of the master or owner of a ship (or both of them) under section 29.(6) However, a person is not liable to be convicted in respect of the same discharge of both an offence:(a) under sections 29 and 30, or(b) under sections 29 and 31, or(c) under sections 30 and 31.(7) A prosecution of a person under section 44 does not affect the prosecution of the master or owner of a ship (or both of them) under section 43.(8) However, a person is not liable to be convicted in respect of the same carriage of both an offence under sections 43 and 44.(9) A prosecution of a person under section 54 or 55 does not affect the prosecution of the master or owner of a ship (or both of them) under section 53.(10) However, a person is not liable to be convicted in respect of the same discharge of both an offence:(a) under sections 53 and 54, or(b) under sections 53 and 55, or(c) under sections 54 and 55.(11) A prosecution of a person under section 61 or 62 does not affect the prosecution of the master or owner of a ship (or both of them) under section 60.(12) However, a person is not liable to be convicted in respect of the same discharge of both an offence:(a) under sections 60 and 61, or(b) under sections 60 and 62, or(c) under sections 61 and 62.
242 Defences operate separately
(1) Nothing in sections 18–25 limits the generality of any other of those sections.(2) Nothing in sections 32–41 limits the generality of any other of those sections.(3) Nothing in sections 48 and 49 limits the generality of the other of those sections.(4) Nothing in sections 56–59 limits the generality of any other of those sections.(5) Nothing in sections 63–66 limits the generality of any other of those sections.