Commonwealth Consolidated Acts

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TORRES STRAIT FISHERIES ACT 1984 - SECT 55A

Enforcement of orders for payment

             (1)  Where:

                     (a)  upon the conviction of a person for an offence against subsection 44(2) or (3) or 45(2) or (4), the court before which the person is convicted, in addition to imposing a penalty on the person, orders the person to pay an amount to the Commonwealth; and

                     (b)  the court has civil jurisdiction to the extent of the amount;

the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.

             (2)  Where:

                     (a)  upon conviction of a person for an offence against subsection 44(2) or (3) or 45(2) or (4), the court before which the person is convicted, in addition to imposing a penalty on the person, orders the person to pay an amount to the Commonwealth; and

                     (b)  the court:

                              (i)  does not have civil jurisdiction; or

                             (ii)  has civil jurisdiction, but:

                                        (A)  does not have civil jurisdiction to the extent of the amount; or

                                        (B)  it is more appropriate for the order to be enforceable as a final judgment of another court;

the proper officer of the court shall issue a certificate in the prescribed form containing the prescribed particulars.

             (3)  The certificate may, in the prescribed manner and subject to the prescribed conditions (if any), be registered in a court having civil jurisdiction to the extent of the amount ordered to be paid to the Commonwealth.

             (4)  Upon registration under subsection (3), the certificate is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.

             (5)  The costs of registration of the certificate and other proceedings under this section shall, subject to the prescribed conditions (if any), be deemed to be payable under the certificate.



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