47BAlternative to prosecution

47B Alternative to prosecution

[Section 47B Inserted by No. 29 of 1994, s. 30 ][Section 47B Subsection (2) amended by No. 23 of 1999, s. 36, Applied:01 Jul 1999] [Section 47B Subsection (3) substituted by No. 23 of 1999, s. 36, Applied:01 Jul 1999] [Section 47B Subsection (4) inserted by No. 23 of 1999, s. 36, Applied:01 Jul 1999] [Section 47B Substituted by No. 55 of 2004, s. 79, Applied:01 Jul 2005]

(1)  [Section 47B Subsection (1) amended by No. 35 of 2006, s. 10, Applied:30 Apr 2007] If the Authority is satisfied that an offence under section 17(4) , (5) or (5B) , 18B , 21(1) , 21(3) , 41(5) or 42(5) has been committed, it may, on payment of a prescribed fine by the alleged offender –

(a) cause any proceedings in respect of the alleged offence to be waived or discontinued; and

(b) [Section 47B Subsection (1) amended by No. 35 of 2006, s. 10, Applied:30 Apr 2007] [Section 47B Subsection (1) amended by No. 35 of 2006, s. 10, Applied:30 Apr 2007] if the alleged offence involved the unlawful harvesting of timber or the unlawful clearance and conversion of a threatened native vegetation community, allow the alleged offender or another person specified by the Authority to retain the whole or any part of that timber or, as the case may be, the whole or any part of the threatened native vegetation from that community.

(2)  For the purposes of this section, the Authority is to establish and maintain a fund.

(3)  Prescribed fines are to be paid into the fund and are, for the purposes of section 44(2) , taken to be at the disposal of the Authority.