27.—F37[(1) The Minister may prescribe that this section applies to a contravention or a contravention in particular circumstances of a regulation made under section 18 (other than in respect of a matter referred to in subsection (2)(d)), 19 or 20.]

(2) Where an authorised officer has reasonable grounds for believing that a person is committing or has committed an offence under F38[section 18(5)(a), 19(5) or 20(5) in relation to a contravention of regulations made under section 18, 19 or 20] to which this section applies or under section 33 (3) or 34 (2) of the Maritime Safety Act 2005 he or she may serve on the person a notice in the prescribed form or in a form to like effect stating that—

(a) the person is alleged to have committed the offence in respect of the contravention,

(b) the person may during the period of 21 days beginning on the date of the notice make to the organisation specified at the address specified in the notice a payment of €150, or such other amount prescribed under subsection (5), accompanied by the notice, and

(c) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

(3) Where notice is given under subsection (2)—

(a) a person to whom the notice applies may, during the period specified in the notice, make to the organisation specified at the address specified in the notice the payment specified in the notice accompanied by the notice,

(b) the organisation specified may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it,

(c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

(4) In a prosecution for an offence under section 18, 19 or 20 or section 33 (3) or 34(2) of the Maritime Safety Act 2005 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant.

(5) The Minister may prescribe another amount, or different amounts in respect of different contraventions or different classes of vessels, in lieu of the amount specified in subsection (2)(b).

(6) In this section ‘organisation’ means the Department of Communications, Marine and Natural Resources or such other person as specified in a notice issued under this section.]