130CContempt of court proceedings if order breached

130C Contempt of court proceedings if order breached

Nothing in section 130(4), 130A(5) or 130B(6) is intended to prevent the bringing of proceedings for contempt of court against a person who has failed to comply with an order made under section 130, 130A or 130B and who has not had a charge under section 130(4), 130A(5) or 130B(6) in respect of the failure dealt with.

S. 131 substituted by No. 5/1997
s. 30.

131 10 year limit on previous offences by licence holders

(1) This section applies if a court is determining the penalty for an offence under this Act that was committed by a person who held a fishery licence (other than a recreational fishery licence) at the time the offence was committed.

S. 131(2) amended by No. 17/2002 s. 29.

(2) For the purposes of determining whether it may cancel or suspend the licence under this Act, the court must disregard any previous conviction or finding of guilt of the person under—

(a) this Act; or

(b) the Fisheries Act 1968; or

(c) a law of the Commonwealth or another State or Territory that corresponds to this Act—

for any offence that occurred more than 10 years before the date of the offence for which the court is determining the penalty.

Pt 7A (Heading and ss 131A–131Z) inserted by No. 16/2004 s. 49 (as amended by Nos 69/2004 s. 60, 87/2005 s. 6).