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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 218

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 218

218 .         Forfeiture of fish, gear etc., court orders for

        (1)         Subject to subsection (1a), if a court convicts a person of an offence against this Act, the court may, in addition to any other penalty imposed under this Act, order the forfeiture to the Crown of any —

            (a)         fish the subject of the offence; and

            (b)         fishing gear used, or intended to be used, in the commission of the offence; and

            (c)         boat, vehicle, aircraft or other thing used in the commission of the offence; and

            (d)         trailer used to transport a boat referred to in paragraph (c); and

            (e)         money, cheque or other thing that is the proceeds of the sale of any fish in contravention of this Act.

        (1a)         If a court convicts a person of an offence against section 174(1) or 175(1) in relation to a foreign boat, the court must, in addition to any other penalty imposed under this Act, order the forfeiture to the Crown of —

            (a)         the foreign boat and any fish, fishing gear or other thing that, if subsection (1) applied to the offence, could be forfeited to the Crown under that subsection; and

            (b)         any fish or other animal or any fishing gear, money, cheque or other thing that, at the time of the offence, was on or attached to the foreign boat; and

            (c)         any fish, fishing gear, money or cheque that, at the time of the offence, was in the possession of any person on board the foreign boat; and

            (d)         any fish or other animal on or attached to any fishing gear used, or intended to be used, in the commission of the offence.

        (2)         A court must not make an order for the forfeiture of anything under subsection (1) unless the prosecutor, or a person acting for or on behalf of the prosecutor, applies for the order.

        [Section 218 amended: No. 84 of 2004 s. 80; No. 28 of 2007 s. 8.]