Maritime Transport Act 1994

Penalties

244 Penalties in respect of sections 237, 238, 239, and 242

(1)

Subject to subsection (2), every person who commits an offence against section 237 is liable on conviction

(a)

to imprisonment for a term not exceeding 2 years or a fine not exceeding $200,000 and, if the offence is a continuing one, to a further fine not exceeding $10,000 for every day or part of a day during which the offence is continued; and

(b)

to pay such amount as the court may assess in respect of the costs incurred in respect of or associated with removing, containing, rendering harmless, or dispersing any harmful substance discharged as a result of the offence; and

(c)

to an additional penalty under section 409.

(2)

The court shall not sentence to imprisonment any person who commits an offence against section 237 unless the court is satisfied,—

(a)

where the person is the master or owner of a foreign ship,—

(i)

that the offence was committed within the territorial sea; and

(ii)

that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment within the territorial sea; and

(iii)

that the commission of the offence has caused or is likely to cause serious damage to the marine environment within the territorial sea:

(b)

in any other case,—

(i)

that the person intended to commit the offence, or the offence occurred as a consequence of any reckless act or omission by the person with the knowledge that that act or omission would or would be likely to cause serious damage to the marine environment; and

(ii)

that the commission of the offence has caused or is likely to cause serious damage to the marine environment.

(3)

Every person who commits an offence against section 238 or section 239 or section 242 is liable on conviction,—

(a)

in the case of an individual, to a fine not exceeding $10,000 and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence is continued:

(b)

in the case of a body corporate, to a fine not exceeding $100,000 and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence is continued:

(c)

in the case of an individual who, or a body corporate that, commits an offence against section 238, to an additional penalty under section 409.

Compare: United Nations Convention on the Law of the Sea art 230

Section 244(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 244(2): substituted, on 1 August 1996, by section 2 of the Maritime Transport Amendment Act 1996 (1996 No 79).

Section 244(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 244 compare note: added, on 1 August 1996, by section 2 of the Maritime Transport Amendment Act 1996 (1996 No 79).