FISHERIES MANAGEMENT ACT 1991 - SECT 106C Notice of seizure

FISHERIES MANAGEMENT ACT 1991 - SECT 106C

Giving notice

  (1)   The officer must give written notice of the seizure of the thing:

  (a)   if the thing is, or was on, a boat, or was used in connection with a boat:

  (i)   to the person who was the master of the boat immediately before the seizure; or

  (ii)   to the person whom the officer has reasonable grounds to believe was the master of the boat immediately before the seizure; or

  (b)   in a case not covered by paragraph   (a):

  (i)   to the owner of the thing; or

  (ii)   to the person who had possession, custody or control of the thing immediately before it was seized.

  (1A)   However, if the officer cannot conveniently give the notice to the person in person, the officer may give written notice of the seizure of the thing by fixing the notice to a prominent part of the thing, unless the thing is a fish.

Content of notice

  (2)   The notice must:

  (a)   identify the thing; and

  (b)   state that the thing has been seized; and

  (c)   state that the thing will be condemned as forfeited unless the owner of the thing or the person who had possession, custody or control of the thing immediately before it was seized gives the CEO within 30 days a written claim in English for the thing; and

  (d)   specify the address of the CEO.

Note:   Section   106E condemns the thing if it is not claimed within 30 days. Section   106G condemns the thing if it is claimed but the claimant does not get a court order supporting the claim.