Fisheries Act, 1980

Amendment of sections 2 and 19 of Fisheries (Amendment) Act, 1978.

75.—The Fisheries (Amendment) Act, 1978 , is hereby amended by—

(a) the substitution of the following for paragraph (a) of section 2(2):

“(a) the Justice is of opinion that the facts proved or alleged against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,”;

(b) the substitution of the following for subsection (4) of section 2:

“(4) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence referred to in subsection (1) of this section as if, in lieu of the penalties specified in subsection (3) of that section, there were therein specified the penalty and the forfeiture (if any) provided for, in relation to that offence when tried summarily, by subsection (2) of and Table II to this section, and the reference in subsection (2) (a) of that section to the penalty provided for in subsection (3) of that section shall be construed accordingly.”; and

(c) the substitution of “Chapter II or III of Part” for “Part II or III of Chapter” in subsection (1) of section 19,

and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) Where a District Justice proposes to make an order for the release on bail of a defendant before him charged with an offence under a provision of Chapter II or III of Part XIII of the Principal Act who is ordinarily resident outside the State, he shall (unless he is satisfied that all documents (including an indictment) required by law to be served on the defendant in connection with or for the purpose of the charge or of any proceedings arising out of or connected with the charge can be duly served on the defendant in the State) direct that those documents may, in lieu of being served on the defendant, be served on a person specified in the direction who is ordinarily resident in the State.