Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a court convicts a person of an offence arising out of a contravention of paragraph 95(1)(d), (e) or (f), the court may, in addition to imposing a penalty in respect of that offence, order that the person must not, during such period as the court determines, be on a boat in the AFZ with the intention of engaging in commercial fishing.
(1A) A court may order a person (including a foreigner) not to be on any Australian‑flagged boat outside the AFZ for the purposes of commercial fishing during a period specified by the court if the court convicted the person of an offence:
(a) involving an Australian‑flagged boat and a contravention of paragraph 95(1)(d), (e) or (f); or
(b) against section 105A, 105AA, 105AB, 105B or 105C (which deal with an Australian‑flagged boat beyond the AFZ); or
(c) against section 105E, 105EA, 105F, 105FA, 105H or 105I.
(2) A person who contravenes an order made under subsection (1) or (1A) is guilty of an offence punishable, on conviction, imprisonment for 12 months.
(3) If:
(a) a court convicts a person of an offence against this Act or any other Act; and
(b) the offence was committed while the person was doing something authorised by a fishing concession held by the person;
the court may, in addition to imposing a penalty in respect of the offence or making any other order, make an order:
(c) cancelling the fishing concession; or
(d) suspending the operation of the fishing concession for a period stated in the order.
(4) A period determined under subsection (1) or stated in an order suspending the operation of a fishing concession made under subsection (3):
(a) may commence at the time of the making of the determination or order, or at a later time, as specified by the court; and
(b) may exclude any period that the court identifies as not counting towards the period so determined or ordered.
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