Div 5Miscellaneous

Division 5—Miscellaneous 110—Additional penalty based on value of aquatic resources (1) Subject to subsection (2), this section applies to an offence against this Act involving the taking, sale or purchase, or possession or control, of aquatic resources. (2) This section does not apply to an offence against section 78(1). (3) If a person is convicted of an offence to which this section applies, the court must, in addition to imposing any other penalty prescribed by this Act, impose a penalty equal to— (a) 5 times the amount determined by the convicting court to be the wholesale value of the aquatic resources at the time at which the offence was committed; or (b) $100 000, whichever is the lesser amount. (4) For the purposes of this section, aquatic resources taken in contravention of this Act or a corresponding law will be taken to have a wholesale value equivalent to that of aquatic resources of the same class taken lawfully.