226Forfeiture on acceptance of infringement notice

226 Forfeiture on acceptance of infringement notice

(1)  [Section 226 Subsection (1) amended by No. 4 of 2011, s. 42, Applied:01 Jun 2011] If a person is taken under section 20 of the Monetary Penalties Enforcement Act 2005 to have been convicted of an offence, any of the following seized under this Act is forfeited to the Crown:

(a) any fish to which the offence relates;

(b) [Section 226 Subsection (1) amended by No. 7 of 2007, s. 60, Applied:30 Apr 2007] any apparatus or equipment used or intended to be used in, or in connection with, the commission of the offence;

(c) [Section 226 Subsection (1) amended by No. 7 of 2007, s. 60, Applied:30 Apr 2007] any vessel, vehicle, aircraft or other thing used in, or in connection with, the commission of the offence.

(2)  Forfeiture takes effect –

(a) if an application is not made under subsection (3) , 108 days after service of the infringement notice; or

(b) if an application is made under subsection (3) and a court under subsection (7) (b) refuses to make an order, on the date of that refusal.

(3)  The owner of anything forfeited under subsection (1) (c) may apply to a court for an order for its return.

(4)  An application is to –

(a) be in writing; and

(b) be made within 108 days after service of the infringement notice; and

(c) state the reasons for the application.

(5)  A person must serve a copy of the application on the Secretary.