QLDIn ForceAct
Fisheries Act 1994
sec.174Orders against persistent offenders
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### sec.174 Orders against persistent offenders
This section applies if—
a person is convicted of a serious fisheries offence; and
the person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.
If the court convicting the person considers it necessary to stop the person from committing further serious fisheries offences, the court may make an order—
prohibiting the person from carrying out a particular activity relating to fishing; or
an order prohibiting a person from fishing
an order prohibiting a person from possessing fishing apparatus
prohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or
an order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive
any other order the court considers appropriate.
A person must not contravene an order made under subsection (2) .
Maximum penalty—3,000 penalty units or 2 years imprisonment.
s 174 amd 2000 No. 5 s 373 sch 3 ; 2000 No. 26 s 13 sch 2
sub 2019 No. 6 s 20
(sec.174-ssec.1) This section applies if— a person is convicted of a serious fisheries offence; and the person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.
(sec.174-ssec.2) If the court convicting the person considers it necessary to stop the person from committing further serious fisheries offences, the court may make an order— prohibiting the person from carrying out a particular activity relating to fishing; or an order prohibiting a person from fishing an order prohibiting a person from possessing fishing apparatus prohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or an order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive any other order the court considers appropriate.
(sec.174-ssec.3) A person must not contravene an order made under subsection (2) . Maximum penalty—3,000 penalty units or 2 years imprisonment.
- (a) a person is convicted of a serious fisheries offence; and
- (b) the person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.
- (a) prohibiting the person from carrying out a particular activity relating to fishing; or Examples of order under paragraph (a) — • an order prohibiting a person from fishing • an order prohibiting a person from possessing fishing apparatus
- • an order prohibiting a person from fishing
- • an order prohibiting a person from possessing fishing apparatus
- (b) prohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or Example of order under paragraph (b) — an order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive
- (c) any other order the court considers appropriate.
- • an order prohibiting a person from fishing
- • an order prohibiting a person from possessing fishing apparatus