Document ID: chunk:federal_register_of_legislation:C2024C00644:section:52a
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 52A
Character Range: 172822–174979

52A  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 45(2); or
 (ii) section 46A; or
 (iii) section 48; or
 (iv) section 49; or
 (v) section 49A; or
 (vi) section 51; or
 (vii) section 51A;
 (b) a net or trap, or equipment, that:
 (i) was on a boat described in paragraph (a) at the time of the offence mentioned in that paragraph; or
 (ii) was used in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A;
 (c) fish:
 (i) on a boat described in paragraph (a) at the time of the offence mentioned in that paragraph; or
 (ii) involved in the commission of an offence against subsection 45(2) or section 46A, 48, 49, 49A, 51 or 51A.
Note: Paragraph 42(1)(ea) 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 42(1)(ea) or 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)(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) or 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)(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.