Commonwealth Consolidated Acts

HISTORIC SHIPWRECKS ACT 1976 - SECT 26

             (1)  An offence against subsection 11(4) or 13(3) is an indictable offence.

             (2)  Notwithstanding that an offence referred to in subsection (1) 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 subsection (2), a court of summary jurisdiction convicts a person of an offence against subsection 11(4) or 13(3), the penalty that the court may impose is:

                     (a)  if the offender is a natural person--a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months; or

                     (b)  if the offender is a body corporate--a fine not exceeding $10,000.

             (4)  Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the commitment of the person for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.