Commonwealth Numbered Acts

Fishing Legislation Amendment Act 1985 No. 29 of 1985 - SECT 41

41. Section 44 of the Principal Act is amended-

   (a)  by omitting from sub-section (2) ", (3A) or (3B)";
(b) by omitting from sub-section (2) all the words after "fine" and
substituting the following words and paragraphs:

"not exceeding-

   (a)  if the person is a natural person-$5,000; or

   (b)  if the person is a body corporate-$25,000";

   (c)  by omitting paragraphs (3) (a) and (b) and substituting the following
        paragraphs:



"(a) on summary conviction-by a fine not exceeding-

        (i)    if the person is a natural person-$5,000; or

        (ii)   if the person is a body corporate-$25,000; and

   (b)  on conviction on indictment-by a fine not exceeding-

        (i)    if the person is a natural person-$50,000; or

        (ii)   if the person is a body corporate-$250,000";

   (d)  by omitting sub-sections (3A), (3B) and (3C) and substituting the
        following sub-sections:



"(3A) Where-

   (a)  a person is convicted of an offence against sub-section (2) or (3)
        arising out of a contravention of paragraph (1) (a);

   (b)  the court before which the person is convicted is satisfied that-

        (i)    the person contravened paragraph (1) (a) in an area of
               Australian jurisdiction at a particular time by using a boat
               (other than a Papua New Guinea boat) for a particular purpose;
               and

        (ii)   either of the following sub-sub-paragraphs apply:

                (A)  a licence under this Act was not in force in respect of
                     the boat at that time;

                (B)  a licence under this Act was in force in respect of the
                     boat at that time, but the licence did not authorize the
                     use of the boat in that area for that purpose; and

   (c)  the court is also satisfied that-

        (i)    in a case to which sub-sub-paragraph (b) (ii) (A) applies-if a
               licence under this Act had been in force at that time
               authorizing the use of the boat in that area for that purpose,
               the licence would have been a leviable licence; or

        (ii)   in a case to which sub-sub-paragraph (b) (ii) (B) applies-if
               the licence under this Act in force in respect of the boat had
               not been in force at that time, but another licence under this
               Act had been in force authorizing the use of the boat in that
               area for that purpose, the other licence would have been a
               leviable licence,
the court may, in addition to imposing a penalty on the person, order the
person to pay to the Commonwealth an amount not exceeding the amount that is
the relevant levy amount in relation to the licence referred to in
sub-paragraph (c) (i) or the other licence referred to in sub-paragraph (c)
(ii), as the case may be.



"(3B) Where-

   (a)  a person is convicted of an offence against sub-section (2) or (3)
        arising out of a contravention of paragraph (1) (c);

   (b)  the court before which the person is convicted is satisfied that-

        (i)    the person contravened paragraph (1) (c) in an area of
               Australian jurisdiction at a particular time by using a boat
               (other than a Papua New Guinea boat) to search for fish; and

        (ii)   either of the following sub-sub-paragraphs apply:

                (A)  a licence under this Act was not in force in respect of
                     the boat at that time;

                (B)  a licence under this Act was in force in respect of the
                     boat at that time, but the licence did not authorize the
                     use of the boat for taking fish of that kind in that area
                     in the course of commercial fishing; and

   (c)  the court is also satisfied that-

        (i)    in a case to which sub-sub-paragraph (b) (ii) (A) applies-if a
               licence under this Act had been in force at that time
               authorizing the use of the boat for taking fish of that kind in
               that area in the course of commercial fishing, the licence
               would have been a leviable licence; or

        (ii)   in a case to which sub-sub-paragraph (b) (ii) (B) applies-if
               the licence under this Act in force in respect of the boat had
               not been in force at that time, but another licence under this
               Act had been in force authorizing the use of the boat for
               taking fish of that kind in that area in the course of
               commercial fishing, the other licence would have been a
               leviable licence,
the court may, in addition to imposing a penalty on the person, order the
person to pay to the Commonwealth an amount not exceeding the amount that is
the relevant levy amount in relation to the licence referred to in
sub-paragraph (c) (i) or the other licence referred to in sub-paragraph (c)
(ii), as the case may be.";

   (e)  by omitting from sub-section (6) "Licences";
(f) by inserting in sub-section (6) ", the variation of" after "the renewal
of"; and
(g) by inserting in paragraph (6) (b) "payable with respect to the licence"
after "requires,".