128Additional penalties for licence holders committing offences

128 Additional penalties for licence holders committing offences S. 128(1) amended by No. 17/2002 s. 27(a). (1) In addition to any other penalty a court may impose, if the holder of a fishery licence or a permit, or a person acting on his or her behalf, is convicted or found guilty of an offence— (a) that is a breach of a section specified by the regulations for the purposes of this section; or (b) that is a breach of a designated licence condition— the court may suspend the holder's licence or permit for a period of up to 12 months. (2) A reference to "a person acting on his or her behalf" in subsection (1) only refers to a person who commits a relevant offence in the course of carrying out an activity on behalf of the holder. S. 128(3) amended by No. 17/2002 s. 27(a). (3) In addition to any other penalty a court may impose, if the holder of a fishery licence or a permit is convicted or found guilty of an offence set out in subsection (1)(a) or (b) for a second time, the court may suspend the holder's licence or permit for a period of up to 12 months or may cancel the licence or permit. S. 128(4) amended by No. 17/2002 s. 27(b). (4) If the court cancels a licence or permit, it must specify a period during which the convicted person or person found guilty is not to be eligible to be granted a new licence or permit. (5) The Magistrates' Court may, on the application of any person, stay a decision under this section— S. 128(5)(a) amended by Nos 3/2016 s. 92(1), 1/2022 s. 93. (a) pending an appeal against the decision to the County Court or, if the decision was made by the Magistrates' Court constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal; or (b) to enable fishing equipment to be recovered. S. 128(6) amended by Nos 17/2002 s. 27(b), 3/2016 s. 9(2), 1/2022 s. 93. (6) If the Magistrates' Court refuses to stay a decision under this section, the convicted person or person found guilty may appeal against the refusal to the County Court or, if the Magistrates' Court was constituted by the Chief Magistrate who is a dual commission holder, the Court of Appeal. (7) Regulations made under subsection (1) may not specify an offence under section 66 for the purposes of this section. S. 128(8) inserted by No. 69/2004 s. 5(3). (8) A reference to a breach of a section to which subsection (1) applies is to be read as including a reference to the commission of an associated offence in relation to a section to which subsection (1) applies. S. 128A inserted by No. 108/2003 s. 18.