Commonwealth Consolidated Acts

TORRES STRAIT FISHERIES ACT 1984 - SECT 55

             (1)  An offence against section 44, 45 or 51 committed with the use of a foreign boat or an offence against section 47, 49 or 50 is an indictable offence.

             (2)  Notwithstanding that an offence referred to in subsection (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)  An offence against this Act, other than an offence referred to in subsection (1) or an offence against section 46A, 46B, 46C, 46D, 49A or 51A, is punishable summarily.

Note:          Offences against the sections 46A, 46B, 46C, 46D, 49A and 51A are indictable offences because they are punishable by imprisonment for a period exceeding 12 months: see section 4G of the Crimes Act 1914 .