Fisheries Management Act 1994

A shareholder who, during any period, takes fish in contravention of the shareholder’s quota (whether personally or by means of a nominated fisher) is required to pay to the Secretary the value of the fish so taken. The amount paid is to be credited to the Consolidated Fund.

If the amount required to be paid by the shareholder is not paid within the time specified by the Minister in a written notice to the shareholder, the Minister may direct that the requisite number of shares of the shareholder are forfeited.

The requisite number of shares is the number of shares that, if sold by public tender, would in the Minister’s opinion raise an amount equivalent to the amount required to be paid by the shareholder.

If the shareholder does not have sufficient shares, the balance of the amount required to be paid by the shareholder may be recovered by the Minister as a debt in a court of competent jurisdiction.

The value of fish for the purposes of this section is the value that the Minister considers to be the market value of the fish. If the Minister is satisfied that the shareholder did not intend to contravene the shareholder’s quota, the Minister is to reduce the value by the amount the Minister considers appropriate for the costs incurred by the shareholder in taking the fish.

For the purposes of this section, fish taken by a shareholder include fish taken on behalf of the shareholder by a commercial fisher duly nominated by the shareholder under this Part.

Nothing in this section precludes proceedings being taken for an offence against this Act or the regulations.

The management plan for a fishery may provide that this section does not apply in specified circumstances to the taking of fish in the fishery.