Commonwealth Consolidated Acts

TORRES STRAIT FISHERIES ACT 1984 - SECT 52A

             (1)  The following things are forfeited to the Commonwealth:

                     (a)  a foreign boat used in an offence against:

                              (i)  subsection 45(2); or

                             (ii)  section 46A; or

                            (iii)  section 48; or

                            (iv)  section 49; or

                             (v)  section 49A; or

                            (vi)  section 51; or

                           (vii)  section 51A;

                     (b)  a net or trap, or equipment, that:

                              (i)  was on a boat described in paragraph (a) at the time of the offence mentioned in that paragraph; or

                             (ii)  was used in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A;

                     (c)  fish:

                              (i)  on a boat described in paragraph (a) at the time of the offence mentioned in that paragraph; or

                             (ii)  involved in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A.

Note:          Paragraph 42(1)(ea) allows an officer to seize a thing that is forfeited under this section or that the officer has reasonable grounds to believe is forfeited.

             (2)  If:

                     (a)  a boat is forfeited to the Commonwealth under subsection (1) because it was used in the commission of an offence; and

                     (b)  the boat is seized under paragraph 42(1)(ea);

any nets, traps or equipment on the boat at the time it is seized are taken, unless the contrary is proved:

                     (c)  for the purposes of subparagraph (1)(b)(i)--to have been on the boat at the time of the offence; and

                     (d)  for the purposes of subparagraph (1)(b)(ii)--to have been used in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A.

             (3)  If:

                     (a)  a boat is forfeited to the Commonwealth under subsection (1) because it was used in the commission of an offence; and

                     (b)  the boat is seized under paragraph 42(1)(ea);

any fish on the boat at the time it is seized are taken, unless the contrary is proved:

                     (c)  for the purposes of subparagraph (1)(c)(i)--to have been on the boat at the time of the offence; and

                     (d)  for the purposes of subparagraph (1)(c)(ii)--to have been involved in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A.