Court may order forfeiture
46 Court may order forfeiture
If a court finds a person guilty of an offence against this Act, the court may order that any of the following is forfeit to the
Territory:
any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods or equipment used in respect of the commission of the offence;
any fish or aquatic life in respect of which the offence has been committed;
proceeds from the sale under section 33(4) of things mentioned in paragraph (a) or (b).
A thing mentioned in subsection (1)(a) or (b) may be forfeited whether or not it has been seized, taken possession of, detained or released under a surety under section 33.
A person whose property has been forfeit to the Territory under subsection (1) or a person who, immediately before the forfeiture, had a legal or equitable interest in such property may apply to the
Director within 30 days after a finding of guilt for the sale of the property so forfeited; and the Director may order the sale to the applicant of the property on payment to the Territory of such amount as the Director thinks appropriate, being an amount not exceeding the estimated market value of the property.
Any forfeiture ordered or payment imposed under this section is in addition to the penalty imposed for the offence.
Division 4A Infringement notice offences
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