Document ID: chunk:federal_register_of_legislation:C2024C00591:section:106a
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 106A
Character Range: 297711–300098

106A  Forfeiture of things used in certain offences
 (1) The following things are forfeited to the Commonwealth:
 (a) a foreign boat used in an offence against:
 (i) subsection 95(2); or
 (ii) section 99; or
 (iii) section 100; or
 (iv) section 100A; or
 (v) section 100B; or
 (vi) section 101; or
 (vii) section 101A; or
 (viii) section 101AA;
 (b) a boat used in an offence against section 101B as a support boat (as defined in that section);
 (c) a net or trap, or equipment, that:
 (i) was on a boat described in paragraph (a) or (b) at the time of the offence mentioned in that paragraph; or
 (ii) was used in the commission of an offence against subsection 95(2) or section 99, 100, 100A, 100B, 101, 101A, 101AA or 101B;
 (d) fish:
 (i) on a boat described in paragraph (a) or (b) at the time of the offence mentioned in that paragraph; or
 (ii) involved in the commission of an offence against subsection 95(2) or section 99, 100, 100A, 100B, 101, 101A, 101AA or 101B.
Note: Paragraph 84(1)(ga) allows an officer to seize a thing that is forfeited under this section or that the officer has reasonable grounds to believe is forfeited.
 (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) or under section 67 of the Maritime Powers Act 2013;
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) or under section 67 of the Maritime Powers Act 2013;
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.