South Australian Numbered Acts

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FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 102

102—Provisions relating to orders under this Division

        (1)         The court may stipulate that a suspension, disqualification or prohibition order under this Division is to apply—

            (a)         permanently; or

            (b)         for a specified period; or

            (c)         until further order.

        (2)         A person who contravenes an order under this Division is, in addition to liability for contempt of the order, guilty of an offence.

Maximum penalty: $100 000.

        (3)         In proceedings for an offence against subsection (2) involving an alleged contravention of an order prohibiting a person from being in, on, or in the vicinity of, particular waters without a lawful purpose, the prosecution need not prove the absence of a lawful purpose and the burden is on the defendant to prove a purpose on which he or she relies.

        (4)         If an authority has been suspended under this Division, the authority may be renewed but remains subject to suspension until the expiration of the period of suspension.

        (5)         If an appeal has been instituted against a conviction, an order made under this Division by the convicting court is suspended until determination of the appeal.



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