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LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 242

Division 6 - Demerit points Allocation of demerit points on conviction

(1)  If a court convicts a person of a fisheries offence, the prescribed number of demerit points are allocated to each of the following:
(a) the person;
(b) the licence under which the person was operating when the offence was committed;
(c) the fishing certificate on which the licence is specified.
(2)  For the purposes of subsection (1) , the prescribed number of demerit points is the aggregate of the following:
(a) one demerit point for each penalty unit that the court imposes on the convicted person by way of a fine;
(b) 50 demerit points for each month of suspended imprisonment, of each term of imprisonment, that the court imposes on the convicted person;
(c) 100 demerit points for each month of actual imprisonment, of each term of imprisonment, that the court imposes on the convicted person.
(3)  However, for the purposes of subsection (2)  –
(a) terms of suspended imprisonment that are ordered to be served concurrently with each other are taken to be a single term of suspended imprisonment; and
(b) terms of actual imprisonment that are ordered to be served concurrently with each other are taken to be a single term of actual imprisonment.
(4)  In this section –
actual imprisonment , in relation to a term of imprisonment, means such part of the term as is not suspended at the time of sentencing;
fine includes a fine by way of special penalty;
fisheries offence means –
(a) an offence against this Act; or
(b) an offence against any rules or regulations made under this Act; or
(c) an indictable offence, relating to fish or fish processing, or the keeping of records relating to fish or fish processing, punishable under the Criminal Code ;
month includes part of a month;
penalty unit means a penalty unit within the meaning of the Penalty Units and Other Penalties Act 1987 ;
suspended imprisonment , in relation to a term of imprisonment, means such part of the term as is suspended at the time of sentencing.



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