Fisheries Management Act 1991

This section applies if:

a court orders a boat to be forfeited under section 106 because:

it was used in the commission of an offence (the relevant offence) against section 13 or subsection 95(5); or

it is a boat in relation to which an offence (also referred to as the relevant offence) against section 102, 103 or 104 or Division 5A of Part 6 was committed; and

at the time the court makes the order, there are nets, traps, equipment or fish (the additional things) on the boat that the court cannot order to be forfeited under section 106.

If the order for the boat to be forfeited is made within 2 years after the commission of the relevant offence, the court may order the forfeiture of the additional things.

If the additional things are owned by the person who owned the boat immediately before the relevant offence was committed, the court may order the forfeiture of the additional things.

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.