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Fisheries Act 1988
46Court may order forfeiture
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46 Court may order forfeiture
(1) If a court finds a person guilty of an offence against this Act, the
court may order that any of the following is forfeit to the Territory:
(a) any vessel, vehicle or other conveyance, fishing gear,
implement, appliance, material, container, goods or equipment
used in respect of the commission of the offence;
(b) any fish or aquatic life in respect of which the offence has
been committed;
(c) proceeds from the sale under section 33(4) of things
mentioned in paragraph (a) or (b).
(1A) A thing mentioned in subsection (1)(a) or (b) may be forfeited
whether or not it has been seized, taken possession of, detained or
released under a surety under section 33.
(2) A person whose property has been forfeit to the Territory under
subsection (1) or a person who, immediately before the forfeiture,
had a legal or equitable interest in such property may apply to the
Director within 30 days after a finding of guilt for the sale of the
property so forfeited; and the Director may order the sale to the
applicant of the property on payment to the Territory of such
amount as the Director thinks appropriate, being an amount not
exceeding the estimated market value of the property.
(3) Any forfeiture ordered or payment imposed under this section is in
addition to the penalty imposed for the offence.