QLDIn ForceAct
Fisheries Act 1994
sec.165Where and how to start appeal
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### sec.165 Where and how to start appeal
A person whose fisheries resources have been seized under this Act may appeal to the Magistrates Court nearest where the fisheries resources were seized.
See also section 179 in relation to claiming compensation for loss or expense incurred because of the exercise or purported exercise of a power under this part.
However, the person may not appeal, and any appeal already started by the person lapses, if the fisheries resources become the property of the State.
Also, the person may not appeal if the fisheries resources are—
returned to the wild or the place from which they were taken under section 159 (2) ; or
disposed of under section 159 (3) .
The appeal is started by—
filing a written notice of appeal with the clerk of the court of the Magistrates Court; and
giving a copy of the notice to the chief executive.
Without limiting subsection (4) (b) , the chief executive is given a copy of the notice if a copy is given to the inspector who seized the fisheries resources.
The notice of appeal must state the grounds of the appeal.
s 165 amd 2000 No. 26 s 13 sch 2 ; 2019 No. 6 s 16 ; 2024 No. 17 s 152
(sec.165-ssec.1) A person whose fisheries resources have been seized under this Act may appeal to the Magistrates Court nearest where the fisheries resources were seized. See also section 179 in relation to claiming compensation for loss or expense incurred because of the exercise or purported exercise of a power under this part.
(sec.165-ssec.2) However, the person may not appeal, and any appeal already started by the person lapses, if the fisheries resources become the property of the State.
(sec.165-ssec.3) Also, the person may not appeal if the fisheries resources are— returned to the wild or the place from which they were taken under section 159 (2) ; or disposed of under section 159 (3) .
(sec.165-ssec.4) The appeal is started by— filing a written notice of appeal with the clerk of the court of the Magistrates Court; and giving a copy of the notice to the chief executive.
(sec.165-ssec.5) Without limiting subsection (4) (b) , the chief executive is given a copy of the notice if a copy is given to the inspector who seized the fisheries resources.
(sec.165-ssec.6) The notice of appeal must state the grounds of the appeal.
- (a) returned to the wild or the place from which they were taken under section 159 (2) ; or
- (b) disposed of under section 159 (3) .
- (a) filing a written notice of appeal with the clerk of the court of the Magistrates Court; and
- (b) giving a copy of the notice to the chief executive.