Sea-Fisheries and Maritime Jurisdiction Act 2006

38

Prosecution of summary offences — Sea-Fisheries Acts 2003 and 2006.

38.— (1) Proceedings for an offence under the Sea-Fisheries Acts 2003 and 2006 (other than a section specified in a Table) may be prosecuted summarily by the Minister.

(2) Notwithstanding anything contained in any other enactment, an offence under the Sea-Fisheries Acts 2003 and 2006, other than an offence specified in a Table, may be determined in a summary way by a judge of the District Court upon the complaint, verbal or otherwise, of a sea-fisheries protection officer.

(3) For the purpose of giving jurisdiction under the Sea-Fisheries Acts 2003 and 2006 any act which is an offence under those Acts and triable summarily shall, if committed by or on board a sea-fishing boat—

( a) be deemed to have been committed in any place in which the accused person may be, or

( b) which was within the exclusive fishery limits when the act was committed or when the accused person was arrested, be deemed to have been committed in a district court district abutting on that portion of those limits in which the boat was when the act was committed or the accused person arrested, as the case may be.