Document ID: chunk:federal_register_of_legislation:C2008C00368:clause:2_13
Version: federal_register_of_legislation:C2008C00368
Segment Type: clause
Provision Reference: sch 2 cl 13
Character Range: 11158–12354

13  At the end of section 106A (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 84(1)(ga);
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)(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 used in the commission of an offence against subsection 95(2) or section 99, 100, 100A, 100B, 101, 101A, 101AA or 101B.

 (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 84(1)(ga);
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)(d)(i)—to have been on the boat at the time of the offence; and
 (d) for the purposes of subparagraph (1)(d)(ii)—to have been involved in the commission of an offence against subsection 95(2) or section 99, 100, 100A, 100B, 101, 101A, 101AA or 101B.