Document ID: chunk:federal_register_of_legislation:C2024C00644:section:45:p4
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 45 (pt 4/4)
Character Range: 148362–149546

licence referred to in subparagraph (c)(ii), as the case may be.
 (4B) Where:
 (a) a person is convicted of an offence against subsection (4) because the person engaged in activities in contravention of paragraph (1)(aa) or (ba) at a particular time; and
 (b) the court before which the person is convicted is satisfied that if a licence under subsection 19(4A) authorising the activities had been in force at that time, the licence would have been a leviable licence;
the court may, in addition to imposing a penalty on the person, order the person to pay to the Commonwealth an amount not exceeding the amount that is the relevant levy amount in relation to the licence.
 (5) Where levy is payable under the Fisheries Levy Act 1984 on the grant of, the renewal of, the variation of or the making under this Act of an entry in a licence under this Act:
 (a) the licence shall be taken, for the purposes of this section, to be a leviable licence; and
 (b) the amount of the levy or the sum of the amounts of the levy, as the case requires, payable with respect to the licence shall be taken, for the purposes of this section;
to be the relevant levy amount in relation to the licence.