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TORRES STRAIT FISHERIES ACT 1984 - SECT 52

Forfeiture of things used in certain offences

             (1)  Subject to subsection (2), where a court convicts a person of an offence against subsection 14(14) or against section 44, 45, 46A, 46B, 46C, 46D, 48, 49, 49A, 50, 51 or 51A, the court may, in addition to imposing a penalty in respect of the offence, order the forfeiture of:

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

                     (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;

                     (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 referred to in subsection (1), the court shall not order the forfeiture of:

                     (a)  a boat in respect of which a licence under section 19 or a Treaty endorsement was, at the time of the commission of the offence, in force; or

                     (b)  a boat that was, at the time of the commission of the offence, being used in the course of traditional fishing or community fishing.



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