Fish Resources Management Act 1994
Part 17Legal proceedings
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Part 17 — Legal proceedings
Division 1 — Proceedings
- Prosecutions, institution of etc. 148
Division 2 — Responsibility of certain persons
- Masters’ liability 149
202A. Person in charge of a fishing tour, liability of 149
202B. Authorisation holder, liability of for offences by co‑holders 150
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Authorisation holder, liability of for offences by agents of 151
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Liability of officers for offence by body corporate 151
Division 3 — Evidentiary provisions
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Exemptions etc., onus of proving 152
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Place of offence, proof of 153
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Foreign boat, proof as to 153
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Contents etc. of package etc., proof of 153
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Fish taken for sale, proof as to 154
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Fish on fishing boats and commercial premises etc. presumed to be for sale 154
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Purpose or intent, proof of 155
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Authorisations etc., evidence as to 155
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Species of fish etc., evidence as to 156
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Size etc. of fish, determining 157
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Accuracy of fisheries officers’ equipment, presumption as to 158
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Positions on Earth, determining 158
Division 4 — Forfeiture
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Seized things, return of and security for 159
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Forfeiture of fish, gear etc., court orders for 159
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Unclaimed seized things, forfeiture of 160
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Certain fish forfeited when seized 161
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Forfeited things, disposal of 161
Division 5 — Additional penalties
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Additional penalty based on value of fish for certain offences 162
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Cancelling or suspending authorisation, court’s powers for 163
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Automatic suspension if 3 offences committed in 10 year period 163
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Prohibitions on offender, court’s powers to impose etc. 165
Division 6 — Infringement notices
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Term used: authorised person 167