21Time limit for prosecution of offences

21 Time limit for prosecution of offences

(1) Subject to subsection (2), a prosecution for an offence against this Act may be brought at any time. (2) If the prosecution relates to an offence involving a foreign ship: (a) the prosecution must not be brought more than 3 years after the commission of the offence; and (b) the prosecution must be suspended if, under paragraph 1 of article 228 of the Law of the Sea Convention, it is required to be suspended; and (c) the prosecution must be terminated if, under paragraph 1 of article 228 of the Law of the Sea Convention, it is required to be terminated. (3) In this section:

Law of the Sea Convention means the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982.

Note: The text of the Convention is set out in Australian Treaty Series 1994 No. 31. In 2006, the text of a Convention in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).