35Share forfeiture offences

#### 35 Share forfeiture offences 35 Share forfeiture offences > > (1) For the purposes of section 75 (1) of the Act, the following offences are share forfeiture offences in respect of a shareholder— > > > > > (a) an offence committed by the shareholder against section 40S (1) of the Act (Authority holder not to contravene quota), if the shareholder has a record of contravening the section, > > > > > (a1) an offence committed by the nominated fisher of a shareholder against section 40S (2), if the shareholder has a record of contravening section 40S (1), > > > > > (b) an offence arising from a contravention of clause 31 of this Plan (Steps to be taken after landing abalone) by the shareholder or a nominated fisher of the shareholder, if the shareholder has a record of contravening the clause, > > > > > (c) (Repealed) > > > > > (d) an offence arising from a contravention of the [Fisheries Management (General) Regulation 2019](/view/html/inforce/current/sl-2019-0407), clause 75 by the shareholder or a nominated fisher of the shareholder, > > > > > (e) an offence committed by the shareholder against the Act or the regulations under the Act that is punishable by imprisonment. > > > (2) An offence is not a share forfeiture offence if it was committed by a nominated fisher of a shareholder, and the court that convicts the nominated fisher is satisfied that the nominated fisher committed the offence without the knowledge or permission of the shareholder. > > > (3) For the purposes of this clause, a shareholder has a record of contravening a provision if the shareholder has contravened the provision on at least 2 previous occasions and those contraventions have been proved. A contravention of the provision by a nominated fisher of the shareholder is to be counted as a contravention by the shareholder, as long as the contravention has been proved. > > > (4) A contravention of this Plan is proved if the contravention gives rise to a conviction for an offence or if a court finds the contravention proved but does not proceed to a conviction. > > > (5) Following the sale of any forfeited shares by public tender, as provided for by section 75B (2) of the Act, and after deduction of the expenses reasonably incurred in connection with the sale, the Minister is authorised to pay any person (other than the shareholder or shareholders) who had an interest in the shares such part of the purchase price as the Minister considers approximate to the value of the person’s interest in the shares. > > Note— > > Clause 103 of the [Fisheries Management (General) Regulation 2019](/view/html/inforce/current/sl-2019-0407) also provides for share forfeiture for a failure to pay a community contribution or other amount due under Part 3 of the Act.