Document ID: chunk:federal_register_of_legislation:C2024C00591:section:106
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 106
Character Range: 292360–294815

106  Forfeiture of things used in certain offences
 (1) Where a court convicts a person of an offence against section 13 or subsection 95(5) the court may order the forfeiture of all or any of the following:
 (a) if a boat was used in the commission of the offence—that boat; or
 (b) a net, trap or equipment that was on board that boat at the time of the commission of the offence, or that was used in the commission of the offence; or
 (c) fish on board that boat at that time or in relation to which the offence was committed; or
 (d) the proceeds of the sale of fish of the kind referred to in paragraph (c).
 (2) Where a court convicts a person of an offence against section 102, 103 or 104 or Division 5A of Part 6 the court may order the forfeiture of all or any of the following:
 (a) the boat in relation to which the offence is committed;
 (b) a net, trap or equipment on board that boat at the time of the offence;
 (c) fish on board that boat at that time or in relation to which the offence is committed;
 (d) fish landed in contravention of section 103;
 (e) the proceeds of the sale of any such fish.
 (2A) If a court convicts a person:
 (a) of an offence against paragraph 95(1)(g) of this Act; or
 (b) of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act;
in respect of a logbook kept or purported to be kept, or a logbook or return furnished or purported to be furnished, under section 42 of this Act, the court may order the forfeiture of all or any of the following:
 (c) if the logbook or return related, in whole or in part, to the taking, carrying, landing, transhipping, transporting or processing of fish—any boat employed in that activity;
 (d) if the logbook or return related, in whole or in part, to the taking or processing of fish—any net, trap or equipment on board a boat employed in that taking or processing for purposes related to that taking or processing;
 (e) if the logbook or return related, in whole or in part, to the taking, carrying, landing, transhipping, transporting or processing of fish—any fish on board a boat employed in that activity that were, or should have been, covered by the logbook or return;
 (f) if the logbook or return related, in whole or in part, to the taking, carrying, landing, transhipping, transporting, receipt or processing of fish—the proceeds of the sale of the fish that were, or should have been, covered by the logbook or return.