86Meaning of certain penalties specified in rules, &c.

86 Meaning of certain penalties specified in rules, &c.

(1)  The word "Fine", when used in the expression "Fine not exceeding the applicable Grade 3 penalty" in any regulations, rules or management plans made or approved under the Principal Act before the commencement day, is taken to include and to have always included a reference to a term of imprisonment.

(2)  Accordingly, in sentencing a person who has been found guilty of a fisheries offence committed before or after the commencement day, a court may, without limiting its other sentencing powers or discretions, order that the person serve a term of imprisonment if that is prescribed as one of the penalties that may be imposed on the person in the circumstances.

(3)  However, if the court does order the person to serve a term of imprisonment, that term is not to exceed the term prescribed for the circumstances of the person's offence.

(4)  In this section –

commencement day means the day on which this Act commences;

fisheries offence means an offence against a regulation, rule or management plan made or approved under the Principal Act before the commencement day and for which the penalty is expressed to be a "Fine not exceeding the applicable Grade 3 penalty".