SA SA Fisheries Fine - A criminal matter?

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Mike Love

Well-Known Member
25 June 2014
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Hi all,
My brother bought a second hand boat.
He paid for the insurance and the rego fee - however, he didn't realise that he had only paid for the trailer rego fee and not the actual boat rego - which the previous owner did not send him.
The Fisheries guy checked his boat and said it will be ok if he sent him some documents - my brother did what he asked and then still received a fine in the mail!

So he asked for a review of the fine - which was rejected.
Then he told them to take him to court, expecting it to be a civil matter like a speeding fine.

He then received notification that it was now a CRIMINAL matter, he had to go to court against the government lawyers, and if he wanted to end it he could plead guilty and pay a few extra fines etc.

My questions are:

Why is this a criminal matter and not a simple civil matter?

If he pleads guilty, they said it would "all go away". I suspect this might not be accurate.
Would he then have a criminal record? Would this affect any other factors, such as his job or loans etc?

Thanks so much for you help!
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Haven't seen the SA Act however it is likely deemed an 'offence' and the penalty described in penalty units, hence it is a criminal matter.

BTW, speeding matters in court are not civil matters, they are criminal.

Your brother should see a lawyer, The lawyer will them likely talk to the other side to see what can arranged.