109Forfeiture on conviction

109 Forfeiture on conviction

(1)  [Section 109 Subsection (1) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] If a court convicts a person of an offence under this Act, any of the following is forfeited to the Director:

(a) any fish to which the offence relates;

(b) any equipment used, or intended to be used, in the commission of the offence;

(c) any boat or other thing used in the commission of the offence.

(2)  A person may apply to the court during proceedings leading to a conviction or associated with a relevant offence for an order that forfeiture is not to be carried out.

(3)  The court, if satisfied that special reasons exist, may –

(a) make the order applied for; and

(b) make any other order it considers appropriate.

(4)  [Section 109 Subsection (4) amended by No. 101 of 1999, Sched. 1, Applied:01 Mar 2000] In addition to any penalty imposed for an offence under this Act, a court, on application of the complainant, may order the forfeiture to the Director of any money, cheque or other thing that is the proceeds of the sale of any fish, boat or equipment in contravention of this Act.