Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies to an offence against this Act (other than an offence against section 43):
(a) that is alleged to have been committed with the use of, or in relation to, a boat in respect of which a Papua New Guinea licence is in force;
(b) that is alleged to have been committed by a person who is licensed under the laws of Papua New Guinea to engage in commercial fishing in areas of Papua New Guinea jurisdiction; or
(c) that is alleged to have been committed by a person who is a traditional inhabitant and a citizen of Papua New Guinea and that, in the opinion of the Minister, was committed in the course of traditional fishing.
(2) Proceedings for an offence to which this section applies shall not be heard or determined except with the consent in writing of:
(a) in a case to which paragraph (b) does not apply--the Minister; and
(b) in the case of an offence relating to a Protected Zone Joint Authority fishery--the Protected Zone Joint Authority.
(3) A person shall not be charged with an offence to which this section applies later than 14 days after the act or omission alleged to constitute the offence occurred.
(4) Notwithstanding that a decision under subsection (2) has not been made in relation to an offence to which this section applies:
(a) a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed;
(b) a person may, subject to subsection (3), be charged with the offence; and
(c) a person so charged may be remanded in custody or on bail.
(5) In determining whether or not to consent to the hearing or determination of proceedings for an offence to which this section applies, the Minister or the Protected Zone Joint Authority, as the case requires, shall have regard to the provisions of Article 28 of the Torres Strait Treaty.
(6) In this section, Protected Zone Joint Authority fishery has the same meaning as in Part V.