Document ID: chunk:federal_register_of_legislation:C2004A00102:body:0:p22
Version: federal_register_of_legislation:C2004A00102
Segment Type: other
Provision Reference: 
Character Range: 51901–54609

adversely affected.
51. (1) Except as prescribed, a person shall not carry out any work whereby any works, or proposed works, of the Authority, or the use, or the proposed use, of the works of the Authority, is or may be adversely affected or interfered with.

(2) An offence against sub-section (1) may be prosecuted summarily or upon indictment, but an offender is not liable to be punished more than once in respect of the same offence.

(3) An offence against sub-section (1) is punishable—

    (a) upon summary conviction—by a fine not exceeding $200 or imprisonment for a term not exceeding 6 months, or both; or

    (b) upon conviction on indictment—by a fine not exceeding $2,000 or imprisonment for a term not exceeding 2 years, or both.

(4) Where proceedings for an offence against sub-section (1) are brought in a court of summary jurisdiction, the court may commit the defendant for trial or, with the consent of the defendant, determine the proceedings.

(5) This section does not prejudice any civil remedy available to the Authority.

(6) Nothing in this section shall be deemed to prevent or affect the operation of a provision in a law of a State prohibiting any acts which are also prohibited by this section.

Jurisdiction of courts.
52. (1) Subject to this section—

(a) the several courts of the States are invested with Federal jurisdiction; and

(b) jurisdiction is conferred on the several courts of the Territories, with respect to offences against this Act or the regulations that are com­mitted outside Australia and the Territory of Ashmore and Cartier Islands.
(2) The jurisdiction invested in or conferred on courts by sub-section (1) is invested or conferred within the limits (other than limits having effect by reference to the place at which offences are committed) of their several jurisdictions.
(3) The trial on indictment of an offence against this Act not committed within a State may be held in any State or Territory.

(4) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for—

(a) their summary conviction;

(b) their examination and commitment for trial on indictment;

(c) their trial and conviction on indictment; and

    (d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith,

and for holding accused persons to bail apply, as far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act or the regulations that was committed outside Australia and the Territories.

(5) Except as provided by this Act, the Judiciary