Effect of the agreement
6 Effect of the agreement
A charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement.
If a charge of a maritime offence is brought in a court in contravention of subclause (1), the court must, on application by the Commonwealth Attorney-General or a participating State Minister, permanently stay the proceedings in that court.
However—
a contravention of subclause (1) does not affect a court's jurisdiction; and
if a charge of a maritime offence is brought in a court, the court will not (except on an application under subclause (2)) be concerned to enquire into whether the intergovernmental agreement has been complied with.
This Act’s bill:Second reading speech
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