South Australian Numbered Acts

FISHERIES MANAGEMENT ACT 2007 (NO 4 OF 2007) - SECT 104

104—Demerit points for certain offences

        (1)         If a person is found guilty of, or expiates, an offence against this Act of a kind prescribed by the regulations, the number of demerit points prescribed by the regulations in relation to that offence is, subject to this section, incurred by that person.

        (2)         Demerit points are not incurred for an offence if the offender has already incurred demerit points for that offence by virtue of being granted an order for relief under the Expiation of Offences Act 1996 in respect of an expiation notice for that offence.

        (3)         A person who is granted an order for relief under the Expiation of Offences Act 1996 in respect of an expiation notice for an offence that attracts demerit points under this Division will, for the purposes of this Division, be taken to have expiated that offence on the day on which the order is granted.

        (4)         If a person is found guilty of, or expiates, 2 or more offences arising from the same incident, demerit points are incurred only in respect of the offence (or 1 of the offences) that attracts the most demerit points.

        (5)         Demerit points incurred or recorded by or in relation to a person under a corresponding law will be taken to be incurred by that person under this Division.

        (6)         If a court by which a person is found guilty of an offence is satisfied by evidence given on oath immediately on the finding of guilt that the offence is trifling, or that any other proper cause exists, it may order that a reduced number of demerit points, or no demerit points, are incurred by the person in respect of that offence.

        (7)         The Minister must cause the demerit points incurred by a person under this Division to be recorded against a fishery authority if—

            (a)         the person who incurred the demerit points is the holder of the fishery authority and the demerit points were incurred in relation to an offence committed or allegedly committed by the person against a prescribed provision of this Act; or

            (b)         the person who incurred the demerit points is the registered master of a boat registered for use under the fishery authority and the demerit points were incurred in relation to an offence committed or allegedly committed by the person against section 120(4).