Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This
section applies to an entitlement limited by reference to —
(a) a
quantity of fish that may be taken;
(b) a
quantity of fishing gear that may be used or carried; or
(c) a
period of time that a person may engage in fishing.
(2) If a court
convicts a person of an offence against section 74 and the court is
satisfied that —
(a) the
person —
(i)
has exceeded an entitlement; or
(ii)
has done anything in order to exceed an entitlement or in
order to conceal the fact that an entitlement had been exceeded;
and
(b) the
amount by which the entitlement was exceeded or was to be exceeded can be
ascertained by the court,
the court must order
that the entitlement be reduced by that amount.
(3) For the purposes
of subsection (2), if —
(a) the
entitlement was defined by reference to a number of units; and
(b) the
amount by which the entitlement was exceeded or was to be exceeded is not an
exact unit,
the court is to round
the amount up or down (as the case may be) to the nearest unit.
(4) If the court
orders the reduction of an entitlement under subsection (2) —
(a) the
CEO must reduce the entitlement accordingly; and
(b) the
CEO may sell the forfeited entitlement —
(i)
to any person who satisfies the criteria specified in the
relevant management plan; and
(ii)
in the way specified in the management plan.
[Section 76 amended by No. 28 of 2006
s. 236(1).]