FISHERIES ACT 1995 - SECT 130 Court may prohibit person from being on boats or certain places
FISHERIES ACT 1995 - SECT 130
Court may prohibit person from being on boats or certain places(1) If a court convicts a person of an offence against this Act, the court may on the application of an authorised officer, in addition to any other penalty imposed under this Act, by order prohibit the person from—
(a) being on board boats equipped with specified fishing equipment or any specified boat or class of boat equipped with specified fishing equipment; or
(b) being in or on any place used for aquaculture or processing fish; or
(c) engaging in any fishing activity or any fishing activity of a specified class; or
S. 130(1)(d) substituted by No. 80/2000 s. 13.
(d) being in possession of specified fishing equipment or fish; or
S. 130(1)(e) inserted by No. 80/2000 s. 13, amended by No. 40/2019 s. 29(1).
(e) engaging in any activity authorised by a fishery licence unless the person has installed a vessel monitoring system and complies with the prescribed conditions on the use of the system; or
S. 130(1)(f) inserted by No. 40/2019 s. 29(2).
(f) selling, supplying, processing, receiving or otherwise dealing with fish, protected aquatic biota or noxious aquatic species.
(2) A court must not make an order under subsection (1) unless the court is satisfied that—
(a) the relevant offence is of a serious nature; and
S. 130(2)(b) amended by No. 40/2019 s. 29(3).
(b) there are reasonable grounds to believe the person is likely to commit further offences against this Act if the order is not made.
(3) An order—
(a) may apply generally or at specified times or in specified circumstances;
(b) has effect for such a period as is specified in the order or, if no period is specified, until the order is rescinded;
(c) may be rescinded or varied at any time.
(4) A person must comply with an order under this section.
Penalty: 200 penalty units or imprisonment for 12 months or both.
S. 130AA inserted by No. 21/2011 s. 10.