242Allocation of demerit points on conviction

242 Allocation of demerit points on conviction

[Section 242 Substituted by No. 7 of 2007, s. 64, Applied:30 Apr 2007]

(1)  If a court convicts a person of a fisheries offence, the prescribed number of demerit points are allocated to each of the following:

(a) the person;

(b) the licence under which the person was operating when the offence was committed;

(c) the fishing certificate on which the licence is specified.

(2)  For the purposes of subsection (1) , the prescribed number of demerit points is the aggregate of the following:

(a) one demerit point for each penalty unit that the court imposes on the convicted person by way of a fine;

(b) 50 demerit points for each month of suspended imprisonment, of each term of imprisonment, that the court imposes on the convicted person;

(c) 100 demerit points for each month of actual imprisonment, of each term of imprisonment, that the court imposes on the convicted person.

(3)  However, for the purposes of subsection (2)  –

(a) terms of suspended imprisonment that are ordered to be served concurrently with each other are taken to be a single term of suspended imprisonment; and

(b) terms of actual imprisonment that are ordered to be served concurrently with each other are taken to be a single term of actual imprisonment.

(4)  In this section –

actual imprisonment, in relation to a term of imprisonment, means such part of the term as is not suspended at the time of sentencing;

fine includes a fine by way of special penalty;

fisheries offence means –

(a) an offence against this Act; or