Part 3 The intergovernmental agreement

5.   Intergovernmental agreement

(1) The Commonwealth Attorney-General, on behalf of the Commonwealth, and the participating State Ministers may enter into an agreement providing for the division of responsibility for administering and enforcing the law relating to maritime offences.

(2) The intergovernmental agreement may provide for concurrent responsibility in specified parts of the adjacent area.

6.   Effect of the agreement

(1) A charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement.

(2) 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.

(3) However –

(a) a contravention of subclause (1) does not affect a court's jurisdiction; and

(b) 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.