52Share forfeiture offences

#### 52 Share forfeiture offences 52 Share forfeiture offences > > (1) For the purposes of section 75 (1) of the Act, the offences described in Column 1 of the Table to this clause are designated as share forfeiture offences. > > > (2) If a shareholder, or a nominated fisher of a shareholder, is convicted of a share forfeiture offence, the Secretary is to record in the Share Register, under the name of the shareholder concerned, a description of the offence and the number of demerit points applicable to the offence, as specified in Column 2 of the Table to this clause next to the offence concerned. > > > (3) Demerit points are not cancelled by the expiration of time. > > > (4) The Minister may order that all shares in the fishery held by a shareholder be forfeited to the Minister if the total number of demerit points recorded under the name of the shareholder reaches or exceeds 6 demerit points. > > > (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 to 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. > > Table > > Share forfeiture scheme > > | Column 1 | Column 2 | > | Description of share forfeiture offence | Number of demerit points | > | Offence against section 40S of the Act (Authority holder not to contravene quota) | 2 | > | Offence arising from a contravention of clause 22 of this Plan (Rock lobster to have tag attached) | 2 | > | Offence arising from a contravention of clause 49 of this Plan (Daily log sheet) | 2 | > | Offence arising from a contravention of the Fisheries Management (General) Regulation 2019, clause 75 | 3 | > | Any offence against the Act or the regulations under the Act that is punishable by imprisonment | 3 | > > Note— > > The [Fisheries Management (General) Regulation 2019](/view/html/inforce/current/sl-2019-0407), clause 103 also provides for share forfeiture for a failure to pay a community contribution or other amount due under Part 3 of the Act.