Section 75: Compounding

75. Compounding (1) The Permanent Secretary may, where an offence is committed whilst using a boat or vessel— (a) compound the offence, except an offence under section 12 (1) (b) and (c), if the owner or master of the boat or vessel admits the commission of the offence and agrees in writing to pay such amount of money which shall not exceed the maximum fine specified for the offence in the Act; (b) order the release of any item seized under section 58 of this Act on payment of a sum of money not exceeding the estimated value of the seized item as may be agreed in writing by the owner or master of the boat or vessel. (2) A Compounding Commission shall be established to assist the Permanent Secretary in determining the amount of money to be paid by the offender under subsection (1), having due regard, inter alia, to the circumstances of the case and the past behaviour of the offender. (3) The Compounding Commission shall be appointed on a part-time basis and shall consist of— (a) a Chairperson, who shall be a law officer of at least 10 years’ standing, appointed by the Minister; (b) 2 senior officers from the Ministry responsible for the subject of fisheries, designated by the Permanent Secretary. [Issue 6] F15 – 40 Revised Laws of Mauritius (4) The Chairperson and the members shall be paid such fees as shall be determined by the Minister. (5) Every agreement to compound shall be final and conclusive. (6) Where the amount agreed upon under this section is not paid in accordance with the compounding agreement, the Permanent Secretary shall send a certified copy of the agreement to the competent court which shall thereupon proceed to enforce such agreement in the same manner as if it had imposed such agreed amount by way of a fine. (7) On payment of the agreed amount in accordance with the compounding agreement, no further proceedings in regard to such particular offence shall be taken against the person who has so agreed to the compounding.