FISHERIES ACT 1995 - SECT 129A Court may order offenders to take specified actions
FISHERIES ACT 1995 - SECT 129A
Court may order offenders to take specified actions(1) This section applies if a court finds a person guilty of an offence against this Act.
(2) In addition to, or instead of, any other penalty the court may impose on the person under this Act, the court may order the person to carry out a specified project for the restoration or enhancement of the environment in a public place or for the public benefit (even if the project is unrelated to the offence).
(3) The court may make the order on the application of an authorised officer, or on the court's own motion.
(4) In making an order, the court may specify by when specified actions must be taken and may also impose any other requirement that it considers necessary or expedient to make the order effective.
S. 129A(5) amended by No. 68/2016 s. 114(1).
(5) If a person is found in contempt of court for failing to comply with an order, the chief executive officer may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do.
S. 129A(6) amended by No. 68/2016 s. 114(2).
(6) If a person fails to comply with an order made under subsection (2), the chief executive officer may give the person a written notice advising the person that the chief executive officer intends to carry out specified actions that remain to be done under the order unless the person can, within 14 days after being given the notice, satisfy the chief executive officer that the person will carry out those actions within a period of time acceptable to the chief executive officer.
S. 129A(7) amended by No. 68/2016 s. 114(3).
(7) If a person who has been given a notice under subsection (6) fails to give the chief executive officer a satisfactory response within the 14 days, or fails to comply with any undertaking given to the chief executive officer in response to the notice, the chief executive officer may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do.
(8) Nothing in subsections (6) and (7) prevents contempt of court proceedings from being commenced or continued against a person who has failed to comply with a court order.
S. 129A(9) amended by No. 68/2016 s. 114(4).
(9) The Victorian Fisheries Authority may recover any cost the Victorian Fisheries Authority incurs in taking action under subsection (5) or (7) as a debt due and payable by the person against whom the order was made.