New South Wales Consolidated Acts

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MARINE POLLUTION ACT 2012 - SECT 241

No double jeopardy

241 No double jeopardy

(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.



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