sec.68BSuspension or cancellation of authority by court

### sec.68B Suspension or cancellation of authority by court This section applies if a court convicts the holder of an authority of a serious fisheries offence, whether or not a conviction is recorded. The court may, in addition to, or instead of, imposing the fine prescribed under this Act for the offence, suspend or cancel the authority. In acting under subsection (2) , the court— may disregard any third party interests in the authority; and must have regard to— the criteria prescribed by regulation for suspension or cancellation of an authority; and the fine the court imposes for the offence. The court may, if considered appropriate in the circumstances, have regard to any previous conviction of the authority holder under this Act. The court may impose a cumulative or concurrent suspension period, as the court considers appropriate, if— the court convicts the holder of more than 1 serious fisheries offence; or during the suspension period, the holder is again convicted of a serious fisheries offence. This section does not affect the suspension or cancellation of an authority under a regulation. s 68B ins 2003 No. 82 s 29 amd 2019 No. 6 s 44 (sec.68B-ssec.1) This section applies if a court convicts the holder of an authority of a serious fisheries offence, whether or not a conviction is recorded. (sec.68B-ssec.2) The court may, in addition to, or instead of, imposing the fine prescribed under this Act for the offence, suspend or cancel the authority. (sec.68B-ssec.3) In acting under subsection (2) , the court— may disregard any third party interests in the authority; and must have regard to— the criteria prescribed by regulation for suspension or cancellation of an authority; and the fine the court imposes for the offence. (sec.68B-ssec.4) The court may, if considered appropriate in the circumstances, have regard to any previous conviction of the authority holder under this Act. (sec.68B-ssec.5) The court may impose a cumulative or concurrent suspension period, as the court considers appropriate, if— the court convicts the holder of more than 1 serious fisheries offence; or during the suspension period, the holder is again convicted of a serious fisheries offence. (sec.68B-ssec.6) This section does not affect the suspension or cancellation of an authority under a regulation. - (a) may disregard any third party interests in the authority; and - (b) must have regard to— (i) the criteria prescribed by regulation for suspension or cancellation of an authority; and (ii) the fine the court imposes for the offence. - (i) the criteria prescribed by regulation for suspension or cancellation of an authority; and - (ii) the fine the court imposes for the offence. - (i) the criteria prescribed by regulation for suspension or cancellation of an authority; and - (ii) the fine the court imposes for the offence. - (a) the court convicts the holder of more than 1 serious fisheries offence; or - (b) during the suspension period, the holder is again convicted of a serious fisheries offence.