FISHERIES ACT 1994 - SECT 68B Suspension or cancellation of authority by court

FISHERIES ACT 1994 - SECT 68B

68B Suspension or cancellation of authority by court

(1) This section applies if a court convicts the holder of an authority of a serious fisheries offence, whether or not a conviction is recorded.

(2) The court may, in addition to, or instead of, imposing the fine prescribed under this Act for the offence, suspend or cancel the authority.

(3) In acting under subsection (2) , the court—

(a) may disregard any third party interests in the authority; and

(b) must have regard to—

(i) the criteria prescribed by regulation for suspension or cancellation of an authority; and

(ii) the fine the court imposes for the offence.

(4) The court may, if considered appropriate in the circumstances, have regard to any previous conviction of the authority holder under this Act.

(5) The court may impose a cumulative or concurrent suspension period, as the court considers appropriate, if—

(a) the court convicts the holder of more than 1 serious fisheries offence; or

(b) during the suspension period, the holder is again convicted of a serious fisheries offence.

(6) This section does not affect the suspension or cancellation of an authority under a regulation.