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PROTECTION OF THE SEA (HARMFUL ANTI-FOULING SYSTEMS) ACT 2006 - SECT 21

Time limit for prosecution of offences

  (1)   Subject to subsection   (2), a prosecution for an offence against this Act may be brought at any time.

  (2)   If the prosecution relates to an offence involving a foreign ship:

  (a)   the prosecution must not be brought more than 3 years after the commission of the offence; and

  (b)   the prosecution must be suspended if, under paragraph   1 of article 228 of the Law of the Sea Convention, it is required to be suspended; and

  (c)   the prosecution must be terminated if, under paragraph   1 of article 228 of the Law of the Sea Convention, it is required to be terminated.

  (3)   In this section:

"Law of the Sea Convention" means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10   December 1982.

Note:   The text of the Convention is set out in Australian Treaty Series 1994 No.   31. In 2006, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).



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