Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 106

             (1)  Where a court convicts a person of an offence against section 13 or subsection 95(5) the court may order the forfeiture of all or any of the following:

                     (a)  if a boat was used in the commission of the offence--that boat; or

                     (b)  a net, trap or equipment that was on board that boat at the time of the commission of the offence, or that was used in the commission of the offence; or

                     (c)  fish on board that boat at that time or in relation to which the offence was committed; or

                     (d)  the proceeds of the sale of fish of the kind referred to in paragraph (c).

             (2)  Where a court convicts a person of an offence against section 102, 103 or 104 or Division 5A of Part 6 the court may order the forfeiture of all or any of the following:

                     (a)  the boat in relation to which the offence is committed;

                     (b)  a net, trap or equipment on board that boat at the time of the offence;

                     (c)  fish on board that boat at that time or in relation to which the offence is committed;

                     (d)  fish landed in contravention of section 103;

                     (e)  the proceeds of the sale of any such fish.

          (2A)  If a court convicts a person:

                     (a)  of an offence against paragraph 95(1)(g) of this Act; or

                     (b)  of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act;

in respect of a logbook kept or purported to be kept, or a logbook or return furnished or purported to be furnished, under section 42 of this Act, the court may order the forfeiture of all or any of the following:

                     (c)  if the logbook or return related, in whole or in part, to the taking, carrying, landing, transhipping, transporting or processing of fish--any boat employed in that activity;

                     (d)  if the logbook or return related, in whole or in part, to the taking or processing of fish--any net, trap or equipment on board a boat employed in that taking or processing for purposes related to that taking or processing;

                     (e)  if the logbook or return related, in whole or in part, to the taking, carrying, landing, transhipping, transporting or processing of fish--any fish on board a boat employed in that activity that were, or should have been, covered by the logbook or return;

                      (f)  if the logbook or return related, in whole or in part, to the taking, carrying, landing, transhipping, transporting, receipt or processing of fish--the proceeds of the sale of the fish that were, or should have been, covered by the logbook or return.