Fisheries Act 1994

This section applies if fish are seized under this Act and are not immediately returned to the wild or otherwise disposed of by an inspector under this subdivision.

However, this section stops applying if the fisheries resources are sold under section 160A.

The fisheries resources become the property of the State if—

their seizure is not the subject of an appeal to a Magistrates Court within 7 days after their seizure; or

their seizure is the subject of an appeal to a Magistrates Court within 7 days after their seizure, but the seizure is confirmed on appeal; or

the chief executive and the owner of the fisheries resources agree, in writing, that the fisheries resources should become the chief executive’s property.

If fisheries resources that become the property of the State under this section have a market value and it is practicable to sell them, the chief executive must sell them in a reasonable way decided by the chief executive or in a way agreed with the owner of the fisheries resources.

If the fisheries resources do not have a market value or it is not practicable to sell them, the chief executive may dispose of them in any reasonable way decided by the chief executive or in a way agreed with the owner of the fisheries resources.

However, if the fisheries resources are not fish that were live when they were seized and the seizure of the fisheries resources is the subject of an appeal to a Magistrates Court, the court may give directions about how the fisheries resources are to be sold or disposed of, whether or not it confirms the seizure.