Commonwealth Numbered Acts

Fishing Legislation Amendment Act (No. 2) 1984 No. 152 of 1984 - SECT 11

11. Section 15 of the Principal Act is repealed and the following sections are
substituted: Certain offences to be indictable offences

"15. (1) An offence against sub-section 13 (2A), 13AB (1A), 13B (5), 13BA (1)
or 13BB (1) is an indictable offence.

"(2) Notwithstanding that an offence referred to in sub-section (1) is an
indictable offence, a court of summary jurisdiction may hear and determine
proceedings in respect of such an offence if the court is satisfied that it is
proper to do so and the defendant and the prosecutor consent.

"(3) An offence against this Act other than an offence referred to in
sub-section (1) is punishable on summary conviction. Enforcement of orders for
payment

"15A. (1) Where-

   (a)  upon the conviction of a person for an offence against sub-section 13
        (3), the court before which the person is convicted, in addition to
        imposing a penalty on the person, orders the person to pay an amount
        to the Commonwealth; and

   (b)  the court has civil jurisdiction to the extent of the amount, the
        order is enforceable in all respects as a final judgment of the court
        in favour of the Commonwealth.

"(2) Where-

   (a)  upon the conviction of a person for an offence against sub-section 13
        (3), the court before which the person is convicted, in addition to
        imposing a penalty on the person, orders the person to pay an amount
        to the Commonwealth; and

   (b)  the court-

        (i)    does not have civil jurisdiction; or

        (ii)   has civil jurisdiction, but does not have civil jurisdiction to
               the extent of the amount, the proper officer of the court shall
               issue to the Secretary a certificate in the prescribed form
               containing the prescribed particulars.

"(3) The certificate may, in the prescribed manner and subject to the
prescribed conditions (if any), be registered in a court having civil
jurisdiction to the extent of the amount ordered to be paid to the
Commonwealth.

"(4) Upon registration under sub-section (3), the certificate is enforceable
in all respects as a final judgment of the court in favour of the
Commonwealth.

"(5) The costs of registration of the certificate and other proceedings under
this section shall, subject to the prescribed conditions (if any), be deemed
to be payable under the certificate.".