Deliberate violation of the Australian Fishing Zone for commercial fishing will almost invariably result in forfeiture of the vessel, catch and equipment under s 106 of the Fisheries Management Act 1991 (Cth). A sentencing court errs if it focuses on personal circumstances of the offender and the small scale of the operation without giving weight to the established principles of deterrence, incapacitation and protection of the fishing resource that underpin forfeiture orders.
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