Victorian Numbered Acts Victorian Numbered ActsAfter section 59AC of the Environment Protection Act 1970 insert —
(1) Subdivision 3 of Division 2 of Part 4 of the Magistrates' Court Act 1989 enabling the hearing of a charge for certain indictable offences in a summary way has effect with respect to indictable offences under this Act, subject to this section.
(2) Any consent required by Subdivision 3 of Division 2 of Part 4 of the Magistrates' Court Act 1989 to be given by the person charged may, in the absence of that person, be given on that person's behalf by—
(a) an Australian legal practitioner (within the meaning of the Legal Profession Act 2004 ); or
(b) the agent of the ship within the meaning of section 61(3) in respect of which the offence is alleged to have occurred.
(3) The court may hear and determine that charge in a summary way if it considers, of its own motion at any time during or immediately after the hearing of the evidence for the prosecution and whether or not the person charged is present in court or represented in court, that it is fitting for the charge to be disposed of summarily.
(4) If the person charged is for the time being out of the jurisdiction, service of any documents relating to the offence is sufficiently served on that person by being served on the agent of the ship within the meaning of section 61(3) in respect of which the offence is alleged to have occurred.
(5) Despite the provisions of any Act, law or usage to the contrary, a person who has been directed to be tried for an indictable offence under this Act may be proceeded against, tried and convicted of the offence in the person's absence.".