226Forfeiture on acceptance of infringement notice

### 226 Forfeiture on acceptance of infringement notice > > (1)  [*\[Section 226 Subsection (1) amended by No. 4 of 2011, s. 42, Applied:01 Jun 2011\]*](/view/html/inforce/2011-06-01/act-2011-004#GS42@EN) If a person is taken under [section 20 of the](/view/html/inforce/2026-04-12/act-2005-057#GS20@EN) [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) 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) [*\[Section 226 Subsection (1) amended by No. 7 of 2007, s. 60, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS60@Hpa@EN) any apparatus or equipment used or intended to be used in, or in connection with, the commission of the offence; > > > > > > > (c) [*\[Section 226 Subsection (1) amended by No. 7 of 2007, s. 60, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS60@Hpb@EN) 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)](#GS226@Gs3@EN) , 108 days after service of the infringement notice; or > > > > > > > (b) if an application is made under [subsection (3)](#GS226@Gs3@EN) and a court under [subsection (7)](#GS226@Gs7@EN) [(b)](#GS226@Gs7@Hpb@EN) refuses to make an order, on the date of that refusal. > > > (3)  The owner of anything forfeited under [subsection (1)](#GS226@Gs1@EN) [(c)](#GS226@Gs1@Hpc@EN) 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. > > > (6)  The Secretary, or a person authorised by the Secretary, may appear before the court at the hearing of the application. > > > (7)  A court, if satisfied that special reasons exist, may – > > > > > > (a) make the order applied for; or > > > > > > > (b) refuse to make the order applied for; or > > > > > > > (c) make any other order it considers appropriate.