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FISHERIES ACT 1995 - SECT 130A Further prohibition court order

FISHERIES ACT 1995 - SECT 130A

Further prohibition court order

    (1)     This section applies if a person has been prohibited under a law of another State or Territory or the Commonwealth from engaging in specified fishing activity or being in the possession of specified fish or fishing equipment.

S. 130A(2) amended by No. 68/2016 s. 115.

    (2)     A court may, on the application of the chief executive officer, by order prohibit the person from engaging in the specified fishing activity or being in the possession of the specified fish or fishing equipment.

    (3)     A court must not make an order under subsection (2) unless—

        (a)     the application is accompanied by information that justifies the making of the order; and

        (b)     the court is satisfied that the person is likely to engage in the specified fishing activity or be in the possession of the specified fish or fishing equipment in Victoria.

    (4)     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    (b)     has effect for such a period as is specified in the order or, if no period is specified, until the order is rescinded;

        (c)     may be rescinded or varied at any time.

    (5)     A person must comply with an order under this section.

Penalty:     200 penalty units or imprisonment for 12 months or both.

S. 130B inserted by No. 80/2000 s. 14.