New South Wales Consolidated Acts

MARINE POLLUTION ACT 2012 - SECT 241

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.