Document ID: chunk:federal_register_of_legislation:C2008C00368:clause:3_258
Version: federal_register_of_legislation:C2008C00368
Segment Type: clause
Provision Reference: sch 3 cl 258
Character Range: 73724–74884

258  At the end of section 52A (after the note)
Add:

 (2) If:
 (a) a boat is forfeited to the Commonwealth under subsection (1) because it was used in the commission of an offence; and
 (b) the boat is seized under paragraph 42(1)(ea);
any nets, traps or equipment on the boat at the time it is seized are taken, unless the contrary is proved:
 (c) for the purposes of subparagraph (1)(b)(i)—to have been on the boat at the time of the offence; and
 (d) for the purposes of subparagraph (1)(b)(ii)—to have been used in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A.

 (3) If:
 (a) a boat is forfeited to the Commonwealth under subsection (1) because it was used in the commission of an offence; and
 (b) the boat is seized under paragraph 42(1)(ea);
any fish on the boat at the time it is seized are taken, unless the contrary is proved:
 (c) for the purposes of subparagraph (1)(c)(i)—to have been on the boat at the time of the offence; and
 (d) for the purposes of subparagraph (1)(c)(ii)—to have been involved in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A.