Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p29
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 29/48)
Character Range: 112109–114966

the control of historic shipwrecks.".

Section 20—
Omit "he" (wherever occurring), substitute "the Minister".

Sub-section 22 (1)—
Omit "him", substitute "the Minister".

Sub-section 22 (3)—
Insert "or her" after "his".

Sub-section 23 (1)—
Insert "or her" after "him".

Paragraph 23 (1) (d)—
Omit "his possession", substitute "the possession of the person".

Sub-section 23 (2)—
Insert "or her" after "him".

SCHEDULE 1—continued

Paragraph 23 (5) (a)—
Omit "him", substitute "the person".

Paragraph 23 (5) (b)—
Omit "he", substitute "the person".

Sub-section 23 (5)—
Omit "Penalty: $1,000.", substitute the following:
"Penalty—
     (a) if the offender is a natural person—$2,000; or
     (b) if the offender is a body corporate—$10,000.".

Sub-section 23 (6)—
     (a) Omit "he", substitute "the person".
     (b) Omit "him", substitute "the person".

Sub-section 23 (7)—
Omit "punishable, on conviction, by a fine not exceeding $2,000, or imprisonment for a period not exceeding 2 years, or both", substitute the following words and paragraphs:
"punishable, on conviction—
     (a) if the offender is a natural person—by a fine not exceeding $5,000 or imprisonment for a period not exceeding 2 years, or both; or
     (b) if the offender is a body corporate—by a fine not exceeding $25,000".

Paragraph 24 (2) (b)—
Insert "or her" after "his".

Sub-section 24 (3)—
Omit "him", substitute "the person".

Sub-section 25 (1)—
Omit "he", substitute "the inspector".

Section 26—
Repeal the section, substitute the following section:

Certain offences indictable
"26. (1) An offence against sub-section 11 (4), 13 (3) or 23 (7) is an indictable offence.
"(2) Notwithstanding that an offence referred to in sub-section (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against sub-section 11 (4), 13 (3) or 23 (7), the penalty that the court may impose is—
     (a) if the offender is a natural person—a fine not exceeding $2,000 or imprisonment for a period not exceeding 12 months; or
     (b) if the offender is a body corporate—a fine not exceeding $10,000.

SCHEDULE 1—continued

"(4) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the commitment of the person for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.".

Paragraph 29 (b)—
Omit "or" (last occurring).

After paragraph 29 (b)—
Insert the following paragraph: