Maritime Transport Act 1994

General offences and provisions in relation to offences and appeals under this Act - General provisions in respect of offences

409: Additional penalty for offence involving commercial gain

You could also call this:

"Paying extra if you break the law for money"

Illustration for Maritime Transport Act 1994

If you commit a crime under the Maritime Transport Act 1994 for commercial gain, the court can order you to pay a penalty. This penalty is up to three times the value of what you gained from committing the crime. The court decides the value of the gain and the penalty is treated like a fine. If the court thinks you committed the crime to make money, it can give you this extra penalty. You can be ordered to pay this penalty in addition to any other penalty the court gives you. The court will decide how much you have to pay based on how much you gained from the crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338367.

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Topics:

Crime and justice > Criminal lawTransport and travel > Boating

Part 28General offences and provisions in relation to offences and appeals under this Act
General provisions in respect of offences

409Additional penalty for offence involving commercial gain

In addition to any other penalty the court may impose under this Act, the court may, on convicting any person of an offence against section 33F, 33T, 33V, 64, 65, 67A, 67B, 68, 69A, 69B, 70, 237, 238, 263, 264, 277, 278, or 400, order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the court is satisfied that the offence was committed in the course of producing a commercial gain.
For the purpose of subsection (1), the value of any gain shall be assessed by the court, and any amount ordered to be paid shall be recoverable in the same manner as a fine.

Compare

1990 No 98 s 47

Notes

Section 409(1): amended, on 23 October 2013, by section 70 of the Maritime Transport Amendment Act 2013 (2013 No 84).