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.]