Seized pearl oyster and pearl oyster spat, dealing with
55 Seized pearl oyster and pearl oyster spat, dealing with
Any pearl oyster or pearl oyster spat seized by an inspector under section 36(1)(g) —
that has no apparent owner may —
be returned by the inspector to Western Australian waters; or
with the approval of the Minister, be sold by the CEO in the manner prescribed;
or
in respect of which prosecution of a person for an offence against this Act is pending may —
with the approval of the Minister, be sold by the CEO in the manner prescribed; or
subject to subsection (2), be held by a person subject to —
written conditions imposed by the CEO and given to that person; and
payment to the CEO by that person of an amount not exceeding the wholesale value of the seized pearl oyster or pearl oyster spat determined by the CEO, which amount shall be held by the CEO until that offence has been prosecuted and any appeal has been heard or the time for lodging an appeal has expired without an appeal having been lodged, and then be returned to that person.
Where the CEO decides that a person has breached a condition imposed under subsection (1)(b)(ii), the amount paid to the CEO under that subsection is forfeited to the Crown by virtue of this section and credited to the Fisheries Research and Development Account and the person shall be notified in writing accordingly.
The proceeds of the sale of any pearl oyster or pearl oyster spat under subsection (1) shall —
where there is no apparent owner of that pearl oyster or pearl oyster spat, be forfeited to the Crown by virtue of this section and credited to the Fisheries Research and Development Account; and
if a person is convicted of an offence referred to in subsection (1)(b) in respect of that pearl oyster or pearl oyster spat, be forfeited to the Crown by virtue of this section and shall be credited to the Fisheries Research and Development Account; and
if no person is convicted of an offence referred to in subsection (1)(b) in respect of that pearl oyster or pearl oyster spat and there is an apparent owner of that pearl oyster or pearl oyster spat, be paid to the person from whom the pearl oyster or pearl oyster spat was seized.
Where, after the proceeds of the sale of any pearl oyster or pearl oyster spat have been credited to the Fisheries Research and Development Account under subsection (3)(a), a person is identified as the owner of that pearl oyster or pearl oyster spat, the amount of the proceeds of the sale of that pearl oyster or pearl oyster spat shall be refunded to the person from the Fisheries Research and Development Account if the person shows to the satisfaction of the CEO that that pearl oyster or pearl oyster spat was not the subject of, or associated with, an offence against, or a contravention of any condition imposed under, this Act.
A person from whom pearl oysters were seized and returned to Western Australian waters —
under subsection (1)(a)(i) shall, if that person is identified as the owner of the pearl oysters and shows to the satisfaction of the CEO that the pearl oysters were not the subject of, or associated with, any offence against, or a contravention of any condition imposed under, this Act; or
under section 21(4) shall, if prosecution for an offence under section 21(1) in respect of the pearl oysters does not result in any person being convicted of that offence,
be paid from moneys standing to the credit of the Fisheries Research and Development Account such amount, if any, in compensation as the CEO decides.
A decision of the CEO under subsection (4) or (5) is final and binding.
[Section 55 amended: No. 49 of 1996 s. 64; No. 28 of 2006 s. 241; No. 77 of 2006 Sch. 1 cl. 120(7).]
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