Forfeiture of shares for certain contraventions of Act
75 Forfeiture of shares for certain contraventions of Act
For the purposes of this section, an offence against this Act or the regulations is a share forfeiture offence for a fishery if it is designated in the management plan for the fishery as such an offence.
A court which convicts a shareholder in a share management fishery, or a commercial fisher taking fish in the fishery on behalf of the shareholder, of a share forfeiture offence may order that the shares (or any of the shares) of the shareholder be forfeited.
A court which orders the forfeiture of any such shares may also order that the holder of the shares is not eligible to hold shares in the fishery for the period specified by the court.
The regulations may also provide for the forfeiture of shares by order of the Minister—
for any record of convictions of a shareholder in a share management fishery, or a commercial fisher taking fish in the fishery on behalf of the shareholder, for share forfeiture offences, or
for any failure by the shareholder to pay a community contribution or other amount due under this Part (but only to the extent of the amount due).
(Repealed)
The Minister is not liable to pay any community contribution or other amount under this Act that becomes payable in respect of forfeited shares following the forfeiture.
This provision refers to the regulations (the regulations
). Made under this Act:
- Fisheries Management (Abalone Share Management Plan) Regulation 2000
- Fisheries Management (Aquaculture) Regulation 2024
- Fisheries Management (Authority to Fish Silver Perch) Order 2007 · Regulation
12 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandum
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