418Mode of service of summons on master or owner

1. Where the master or owner of a ship is a defendant in any prosecution for an offence against any provision of this Act, then, notwithstanding any enactment, service on the defendant of any summons or other document shall be deemed to be effected for the purposes of the Criminal Procedure Act 2011—

2. by being delivered personally to the agent of the ship on behalf of the defendant or being brought to the notice of that agent if that agent refuses to accept it on behalf of the defendant; or
3. by being sent to the agent of the ship, by registered letter addressed to that agent on behalf of the defendant at that agent’s last known or usual place of residence or that agent’s place of business.

4. A District Court Judge or Justice or Community Magistrate or the Registrar may direct that the summons or other document shall be served on the defendant in accordance with rules made under the Criminal Procedure Act 2011, where he or she is satisfied that it would not be impracticable to do so in the particular circumstances.

5. Unless the contrary is shown, the time at which service shall be deemed to have been effected on the defendant shall be,—

6. where service is effected in accordance with subsection (1)(a), the time when the summons or other document is personally delivered to the agent of the ship or brought to that agent’s attention, as the case may be; or
7. where service is effected in accordance with subsection (1)(b), the time when the letter would have been delivered to the agent of the ship in the ordinary course of post; and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.

8. Repealed

9. Nothing in this section limits anything in section 458.