Fisheries Management Act 1994
This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.
Jurisdiction
Section 277(1): Proceedings for an offence under this Act (other than an indictable offence) or the regulations may be dealt with:
- (a)
-
summarily before the Local Court, or
- (b)
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summarily before the Supreme Court in its summary jurisdiction, or
- (c)
-
in the case of an offence under Part 7 or 7A or the regulations under those Parts — summarily before the Land and Environment Court.
Section 277(2): If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is, despite any other provision of this Act, 200 pu.
Forfeiture; Restoration of critical habitat
Section 269(1): A court may order forfeiture of a boat or motor vehicle that has been seized under Pt 9 in connection with a fisheries offence if the court:
- (a)
-
convicts a person of the offence, or
- (c)
-
makes an order under s 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence.
Section 269(2): The Local Court must not order any such forfeiture if it is satisfied that the value of the boat or motor vehicle exceeds the jurisdictional limit of the Local Court sitting in its General Division within the meaning of the Local Court Act 2007 ($100,000).
Section 220ZG: Upon conviction (includes s 10 of the Crimes (Sentencing Procedure) Act 1999), the court may direct the person to take any action to mitigate the damage or to restore the habitat, and provide security for the performance of an obligation imposed under the section.
Time for commencement
Section 278: Despite the CP Act or any other Act, proceedings for an offence under this Act or the regulations may be commenced not later than 2 years after the date alleged to be the date on which the offence was committed.
Offences by corporations
Section 279(1): If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision if the person knowingly authorised or permitted the contravention.