Document ID: chunk:federal_register_of_legislation:C2024C00591:section:98
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 98
Character Range: 255301–257202

98  Court may make certain orders
 (1) Where a court convicts a person of an offence arising out of a contravention of paragraph 95(1)(d), (e) or (f), the court may, in addition to imposing a penalty in respect of that offence, order that the person must not, during such period as the court determines, be on a boat in the AFZ with the intention of engaging in commercial fishing.
 (1A) A court may order a person (including a foreigner) not to be on any Australian‑flagged boat outside the AFZ for the purposes of commercial fishing during a period specified by the court if the court convicted the person of an offence:
 (a) involving an Australian‑flagged boat and a contravention of paragraph 95(1)(d), (e) or (f); or
 (b) against section 105A, 105AA, 105AB, 105B or 105C (which deal with an Australian‑flagged boat beyond the AFZ); or
 (c) against section 105E, 105EA, 105F, 105FA, 105H or 105I.
 (2) A person who contravenes an order made under subsection (1) or (1A) commits an offence punishable, on conviction, imprisonment for 12 months.
 (3) If:
 (a) a court convicts a person of an offence against this Act or any other Act; and
 (b) the offence was committed while the person was doing something authorised by a fishing concession held by the person;
the court may, in addition to imposing a penalty in respect of the offence or making any other order, make an order:
 (c) cancelling the fishing concession; or
 (d) suspending the operation of the fishing concession for a period stated in the order.
 (4) A period determined under subsection (1) or stated in an order suspending the operation of a fishing concession made under subsection (3):
 (a) may commence at the time of the making of the determination or order, or at a later time, as specified by the court; and
 (b) may exclude any period that the court identifies as not counting towards the period so determined or ordered.