Document ID: chunk:federal_register_of_legislation:C2024C00644:section:52
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 52
Character Range: 169002–170145

52  Forfeiture of things used in certain offences
 (1) Subject to subsection (2), where a court convicts a person of an offence against subsection 14(14) or against section 44, 45, 46A, 46B, 46C, 46D, 48, 49, 49A, 50, 51 or 51A, the court may, in addition to imposing a penalty in respect of the offence, order the forfeiture of:
 (a) if a boat was used in the commission of the offence—that boat;
 (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;
 (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 referred to in subsection (1), the court shall not order the forfeiture of:
 (a) a boat in respect of which a licence under section 19 or a Treaty endorsement was, at the time of the commission of the offence, in force; or
 (b) a boat that was, at the time of the commission of the offence, being used in the course of traditional fishing or community fishing.