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FISHERIES MANAGEMENT ACT 1991 - SECT 106AA Forfeiture of additional things on seized boats

FISHERIES MANAGEMENT ACT 1991 - SECT 106AA

Forfeiture of additional things on seized boats

  (1)   This section applies if:

  (a)   a boat is forfeited to the Commonwealth under section   106A because it was used in the commission of an offence (the relevant offence ); and

  (b)   the boat is seized under paragraph   84(1)(ga) or under section   67 of the Maritime Powers Act 2013 ; and

  (c)   at the time the boat is seized, there are nets, traps, equipment or fish (the additional things ) on the boat that have not been forfeited under section   106A.

Seizure within 2 years

  (2)   If the boat is seized within 2 years after it is forfeited, the additional things are forfeited to the Commonwealth at the time the boat is seized.

Things owned by the person who owned the boat

  (3)   If the additional things are owned by the person who owned the boat immediately before the relevant offence was committed, the additional things are forfeited to the Commonwealth at the time the boat is seized.

  (4)   For the purposes of subsection   (3), the additional things are taken, unless the contrary is proved, to be owned by the person who owned the boat immediately before the relevant offence was committed.

Things owned by persons who commit offences

  (5)   If the additional things are owned:

  (a)   by the person who committed the relevant offence; or

  (b)   by a person who committed an offence against:

  (i)   section   6 of the Crimes Act 1914 ; or

  (ii)   an ancillary offence (within the meaning of the Criminal Code );

    that relates to the relevant offence;

the additional things are forfeited to the Commonwealth at the time the boat is seized.

  (6)   For the purposes of subsection   (5), the additional things are taken, unless the contrary is proved, to be owned:

  (a)   for the purposes of paragraph   (5)(a)--by the person who committed the relevant offence; and

  (b)   for the purposes of paragraph   (5)(b)--by a person who committed an offence against:

  (i)   section   6 of the Crimes Act 1914 ; or

  (ii)   an ancillary offence (within the meaning of the Criminal Code );

    that relates to the relevant offence.

  (7)   To avoid doubt, nothing in subsection   (2), (3) or (5) limits the operation of another subsection of this section.