(1) On a finding of guilt for an apparatus offence committed entirely or partially in a special protected area, a court must impose a special penalty equal to (a) 2 penalty units for each rock lobster pot used or possessed in the commission of the offence; and(b) 2 penalty units for each 50 metres of net used or possessed in the commission of the offence.(1A) On a finding of guilt for an apparatus offence committed entirely in an area that is not a special protected area, a court must impose a special penalty equal to 2 penalty units for (a) each unauthorised rock lobster pot used or possessed in the commission of the offence; and(b) each 50 metres of unauthorised net used or possessed in the commission of the offence; and(c) each unauthorised prescribed apparatus used or possessed in the commission of the offence.(2) A court must not reduce or suspend a special penalty for any reason.(3) In this section apparatus offence means an offence under this Act or rules or regulations made under this Act relating to the use or possession of apparatus;protected area means (a) a marine resources protected area; or(b) reserved land under the Nature Conservation Act 2002 ; or(c) a prescribed area of State waters;special protected area , in relation to an apparatus offence, means a protected area in which (a) fishing of any kind is unlawful; or(b) fishing that is ordinarily carried out by means of apparatus of the kind used or possessed in connection with the offence is unlawful;unauthorised , in relation to the use or possession of apparatus, means use or possession that is not sanctioned by an authorisation.