AustLII Tasmanian Consolidated Acts

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LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 225

Division 4 - Forfeiture Forfeiture on conviction

(1)  If a court convicts a person of an offence under this Act, any of the following is forfeited to the Crown:
(a) any fish to which the offence relates;
(b) any apparatus or equipment used or intended to be used in, or in connection with, the commission of the offence;
(c) any vessel, vehicle, aircraft or other thing used in, or in connection with, the commission of the offence.
(2)  A person may apply to the court during proceedings leading to the conviction or associated with the relevant offence for an order that forfeiture is not to be carried out.
(3)  The court, if satisfied that special reasons exist, may –
(a) make the order applied for; and
(b) make any other order it considers appropriate.
(4)  In addition to any penalty imposed for an offence under this Act, a court, on application of the complainant, may order the forfeiture to the Crown of any money, cheque or other thing that is the proceeds of the sale of any fish, vessel, apparatus or equipment in contravention of this Act.



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