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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 224

FISH RESOURCES MANAGEMENT ACT 1994 - SECT 224

224 .         Automatic suspension if 3 offences committed in 10 year period

        (1)         If —

            (a)         the holder of an authorisation, or a person acting for or on behalf of the holder, is convicted of a prescribed offence against this Act; and

            (b)         in the CEO’s opinion the offence relates to an activity being carried out, or purporting to be carried out, under the authorisation,

                the CEO must, as soon as practicable, notify the Registrar of that fact and the Registrar must record the conviction on the register in respect of the authorisation.

        (2)         If the Registrar records 3 or more convictions in respect of an authorisation in any 10 year period the Registrar must notify the CEO of that fact and the CEO must, by notice in writing given to the holder of the authorisation, suspend the authorisation for one year.

        (3)         For the purposes of this section —

            (a)         it is irrelevant that, at the time the authorisation is suspended under subsection (2), the authorisation is held by a person other than the person who has been convicted of all or any of the offences;

            (b)         if 2 or more offences arose out of one set of facts those offences are to be regarded as one offence;

            (c)         a conviction may be recorded in respect of more than one authorisation.

        (4)         Where an authorisation has been suspended under subsection (2), the authorisation remains suspended until the CEO is satisfied that all outstanding fines have been paid in respect of —

            (a)         the convictions recorded with respect to the authorisation under this section; and

            (b)         any other convictions of the authorisation holder under this Act,

                and the time period imposed under subsection (2) has elapsed.

        [Section 224 amended: No. 28 of 2006 s. 236; No. 37 of 2009 s. 18.]