QLDIn ForceAct
Fisheries Act 1994
sec.160AChief executive’s power to sell particular live seized fish
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### sec.160A Chief executive’s power to sell particular live seized fish
This section applies if—
seized fisheries resources mentioned in section 160 (1) were live fish when they were seized; and
the fish have not, under section 160 , become the property of the State.
The chief executive may sell the fish at any time after the seizure as if the fish were the property of the State.
However, the sale must be carried out in a reasonable way decided by the chief executive or in a way agreed with the owner of the fish.
Also, until the end of the period under section 163 (2) , the chief executive must hold the net proceeds of the sale on trust for whoever will, under that section, be entitled to the net proceeds.
s 160A ins 2006 No. 28 s 41
(sec.160A-ssec.1) This section applies if— seized fisheries resources mentioned in section 160 (1) were live fish when they were seized; and the fish have not, under section 160 , become the property of the State.
(sec.160A-ssec.2) The chief executive may sell the fish at any time after the seizure as if the fish were the property of the State.
(sec.160A-ssec.3) However, the sale must be carried out in a reasonable way decided by the chief executive or in a way agreed with the owner of the fish.
(sec.160A-ssec.4) Also, until the end of the period under section 163 (2) , the chief executive must hold the net proceeds of the sale on trust for whoever will, under that section, be entitled to the net proceeds.
- (a) seized fisheries resources mentioned in section 160 (1) were live fish when they were seized; and
- (b) the fish have not, under section 160 , become the property of the State.