61AMDOffences and contraventions in relation to fishing

#### 61AMD Offences and contraventions in relation to fishing (1) This section applies in relation to an offence against this Act, or a contravention of a civil penalty provision, constituted by conduct that is fishing, if the fishing involved a primary commercial fishing vessel or a dory. (2) In determining, in the case of an offence or contravention involving a primary commercial fishing vessel: (a) the penalty, or the amount of a penalty, to be imposed on a person for the offence or contravention; or (b) whether the forfeiture of a thing used in the offence should be ordered under Division 10 of Part 17 of the Environment Protection and Biodiversity Conservation Act 1999; all fish on board the primary commercial fishing vessel at the time the vessel was apprehended in relation to the offence or contravention are taken to be fish in relation to which the offence or contravention was committed. (3) In determining, in the case of an offence or contravention involving a dory: (a) the penalty, or the amount of a penalty, to be imposed on a person for the offence or contravention; or (b) whether the forfeiture of a thing used in the offence should be ordered; all fish: (c) on board the dory at the time the dory was apprehended in relation to the offence or contravention; and (d) on board the primary commercial fishing vessel, in association with which the dory is used, at the time the vessel was apprehended in relation to the offence or contravention; are taken to be fish in relation to which the offence or contravention was committed.