PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 23 Prosecution of offences against subsections 15(1), (2) and (3) and 22(3)

PROTECTION OF THE SEA (CIVIL LIABILITY) ACT 1981 - SECT 23

  (1)   Subject to subsection   (2), an offence against subsection   15(1) or (2) or 22(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 referred to in subsection   (1), the penalty that the court may impose is a fine not exceeding:

  (a)   in the case of a person, not being a body corporate--20 penalty units; and

  (b)   in the case of a person, being a body corporate--50 penalty units.

  (4)   Where, in proceedings for an offence against subsection   15(1), (2) or (3) or 22(3) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent by whom the conduct was engaged in within the scope of his or her actual or apparent authority, had that state of mind.

  (5)   Any conduct engaged in on behalf of a corporation:

  (a)   by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or

  (b)   by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;

shall be deemed, for the purposes of a provision of this Act that creates an offence, to have been engaged in by the corporation.

  (6)   A reference in subsection   (4) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.