Fisheries Management Act 1991

This section applies if:

a boat is forfeited to the Commonwealth under section 106A because it was used in the commission of an offence (the relevant offence); and

the boat is seized under paragraph 84(1)(ga) or under section 67 of the Maritime Powers Act 2013; and

at the time the boat is seized, there are nets, traps, equipment or fish (the additional things) on the boat that have not been forfeited under section 106A.

If the boat is seized within 2 years after it is forfeited, the additional things are forfeited to the Commonwealth at the time the boat is seized.

If the additional things are owned by the person who owned the boat immediately before the relevant offence was committed, the additional things are forfeited to the Commonwealth at the time the boat is seized.

For the purposes of subsection (3), the additional things are taken, unless the contrary is proved, to be owned by the person who owned the boat immediately before the relevant offence was committed.

If the additional things are owned:

by the person who committed the relevant offence; or

by a person who committed an offence against:

section 6 of the Crimes Act 1914; or

an ancillary offence (within the meaning of the Criminal Code);

For the purposes of subsection (5), the additional things are taken, unless the contrary is proved, to be owned:

for the purposes of paragraph (5)(a)—by the person who committed the relevant offence; and

for the purposes of paragraph (5)(b)—by a person who committed an offence against:

section 6 of the Crimes Act 1914; or

an ancillary offence (within the meaning of the Criminal Code);

To avoid doubt, nothing in subsection (2), (3) or (5) limits the operation of another subsection of this section.