268Illegal use of apparatus

268 Illegal use of apparatus

(1)  [Section 268 Subsection (1) amended by No. 42 of 1998, s. 27, Applied:18 Dec 1998] [Section 268 Subsection (1) amended by No. 45 of 1997, s. 50, Applied:13 Nov 1997] [Section 268 Subsection (1) amended by No. 45 of 1997, s. 50, Applied:13 Nov 1997] [Section 268 Subsection (1) substituted by No. 7 of 2007, s. 77, Applied:30 Apr 2007] On a finding of guilt for an apparatus offence committed entirely or partially in a special protected area, a court must impose a special penalty equal to –

(a) 2 penalty units for each rock lobster pot used or possessed in the commission of the offence; and

(b) 2 penalty units for each 50 metres of net used or possessed in the commission of the offence.

(1A)  [Section 268 Subsection (1A) inserted by No. 7 of 2007, s. 77, Applied:30 Apr 2007] On a finding of guilt for an apparatus offence committed entirely in an area that is not a special protected area, a court must impose a special penalty equal to 2 penalty units for –

(a) each unauthorised rock lobster pot used or possessed in the commission of the offence; and

(b) each 50 metres of unauthorised net used or possessed in the commission of the offence; and

(c) each unauthorised prescribed apparatus used or possessed in the commission of the offence.

(2)  [Section 268 Subsection (2) amended by No. 45 of 1997, s. 50, Applied:13 Nov 1997] A court must not reduce or suspend a special penalty for any reason.

(3)  [Section 268 Subsection (3) inserted by No. 7 of 2007, s. 77, Applied:30 Apr 2007] In this section –

apparatus offence means an offence under this Act or rules or regulations made under this Act relating to the use or possession of apparatus;