Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.