Living Marine Resources Management Act 1995

If a court convicts a person of a fisheries offence, the prescribed number of demerit points are allocated to each of the following:the person; the licence under which the person was operating when the offence was committed; the fishing certificate on which the licence is specified.

For the purposes of subsection (1), the prescribed number of demerit points is the aggregate of the following:one demerit point for each penalty unit that the court imposes on the convicted person by way of a fine;50 demerit points for each month of suspended imprisonment, of each term of imprisonment, that the court imposes on the convicted person;100 demerit points for each month of actual imprisonment, of each term of imprisonment, that the court imposes on the convicted person.

However, for the purposes of subsection (2) – terms of suspended imprisonment that are ordered to be served concurrently with each other are taken to be a single term of suspended imprisonment; and terms of actual imprisonment that are ordered to be served concurrently with each other are taken to be a single term of actual imprisonment.

In this section – actual imprisonment, in relation to a term of imprisonment, means such part of the term as is not suspended at the time of sentencing; fine includes a fine by way of special penalty; fisheries offence means – an offence against this Act; or an offence against any rules or regulations made under this Act; or an indictable offence, relating to fish or fish processing, or the keeping of records relating to fish or fish processing, punishable under the Criminal Code; month includes part of a month; penalty unit means a penalty unit within the meaning of the Penalty Units and Other Penalties Act 1987; suspended imprisonment, in relation to a term of imprisonment, means such part of the term as is suspended at the time of sentencing.