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Act Repealed Latest version as at 26 July 1996 (as enacted) | 1996 No 79

Maritime Transport Amendment Act 1996

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Act Repealed Latest version as at 26 July 1996 (as enacted) | 1996 No 79

Maritime Transport Amendment Act 1996

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Maritime Transport Amendment Act 1996

Public Act
  
1996 No 79
Date of assent
  
26 July 1996
 

Contents

Title
1 Short Title and commencement
2 Penalties in respect of sections 237, 238, 239, and 242
3 Sentence of imprisonment
Administrative information

An Act to amend the Maritime Transport Act 1994

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement

(1)

This Act may be cited as the Maritime Transport Amendment Act 1996, and shall be read together with and deemed part of the Maritime Transport Act 1994 (hereinafter referred to as the principal Act).

(2)

This Act shall come into force on the 1st day of August 1996.

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

Section 244 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

The Court shall not sentence to imprisonment any person who commits an offence against section 237 of this Act 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.”

Compare: United Nations Convention on the Law of the Sea, article 230

3 Sentence of imprisonment

Section 267 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:

“(2)

The Court shall not sentence to imprisonment any person who commits an offence against section 263 of this Act 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, that the commission of the offence has caused or is likely to cause serious damage to the marine environment.”

Compare: United Nations Convention on the Law of the Sea, article 230

This Act is administered in the Ministry of Transport.

Act Repealed Latest version as at 26 July 1996 (as enacted)

Maritime Transport Amendment Act 1996

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