Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 52.

52. (1) Subject to sub-section (2), where a court convicts a person of an
offence against sub-section 14 (14) or against section 44, 45, 48, 49, 50 or
51, the court may, in addition to imposing a penalty in respect of the
offence, order the forfeiture of-

   (a)  if a boat was used in the commission of the offence-that boat;

   (b)  a net, trap or equipment that was on board that boat at the time of
        the commission of the offence, or that was used in the commission of
        the offence;

   (c)  fish on board that boat at that time, or in relation to which the
        offence was committed; or

   (d)  the proceeds of the sale of fish of the kind referred to in paragraph
        (c).

(2) Where a court convicts a person of an offence referred to in sub-section
(1), the court shall not order the forfeiture of-

   (a)  a boat in respect of which a licence under section 19 or a Treaty
        endorsement was, at the time of the commission of the offence, in
        force; or

   (b)  a boat that was, at the time of the commission of the offence, being
        used in the course of traditional fishing or community fishing.

(3) Any boat or other property ordered by a court to be forfeited under
sub-section (1) becomes the property of the Commonwealth and shall be dealt
with or disposed of in accordance with the directions of the Minister.