242Allocation of demerit points on conviction

### 242 Allocation of demerit points on conviction > [*\[Section 242 Substituted by No. 7 of 2007, s. 64, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS64@EN) > > > (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)](#GS242@Gs1@EN) , 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)](#GS242@Gs2@EN)  – > > > > > > (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 > > > > > > > > > (b) an offence against any rules or regulations made under this Act; or > > > > > > > > > (c) an indictable offence, relating to fish or fish processing, or the keeping of records relating to fish or fish processing, punishable under the [Criminal Code](/view/html/inforce/2026-04-12/act-1924-069) ; > > > > > ***month*** includes part of a month; > > > > > ***penalty unit*** means a penalty unit within the meaning of the [Penalty Units and Other Penalties Act 1987](/view/html/inforce/2026-04-12/act-1987-013) ; > > > > > ***suspended imprisonment***, in relation to a term of imprisonment, means such part of the term as is suspended at the time of sentencing.