sch-sec.6Effect of the agreement

sch-sec.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. (sch-sec.6-ssec.1) A charge of a maritime offence must not be brought in a court contrary to the intergovernmental agreement. (sch-sec.6-ssec.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. (sch-sec.6-ssec.3) 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.

• (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.