Northern Territory Numbered Acts

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FISHERIES LEGISLATION AMENDMENT ACT 2016 (NO 23 OF 2016) - SECT 27

Section 46 amended

(1)     Section 46, heading

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46     Court may order forfeiture

(2)     Section 46(1)

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    (1)     If a court finds a person guilty of an offence against this Act, the court may order that any of the following is forfeit to the Territory:

    (a)     any vessel, vehicle or other conveyance, fishing gear, implement, appliance, material, container, goods or equipment used in respect of the commission of the offence;

    (b)     any fish or aquatic life in respect of which the offence has been committed;

    (c)     proceeds from the sale under section 33(4) of things mentioned in paragraph (a) or (b).

    (1A)     A thing mentioned in subsection (1)(a) or (b) may be forfeited whether or not it has been seized, taken possession of, detained or released under a surety under section 33.

(3)     Section 46(2)

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Crown

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Territory

(4)     Section 46(3)

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    (3)     Any forfeiture ordered or payment imposed under this section is in addition to the penalty imposed for the offence.



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