House of Reps - Convicted fishermen off the hook

by Media Services on 13 Nov 2008 Queensland Senator Ron Boswell confirmed today that those people convicted of fishing in a green zone prior to December 2006 and carrying a criminal conviction will have their convictions regarded as ‘spent’.

The result came after the House of Representatives supported an amendment to the Great Barrier Reef Marine Park and Other Legislation Amendment Bill 2008 sponsored by Senator Boswell and Senator Ian MacDonald.

“The weight of a criminal conviction has been lifted from the more than 300 people who were convicted for fishing in a green zone before the penalties changed to include only a heavy fine for the same offence,” Senator Boswell said.

“This decision means that the Coalition has fulfilled the promise we made to these unfairly burdened convicted fishermen,” Senator Boswell said.

“I have been working for more than a year to right the wrongs that bad legislation had inflicted on these people.”

“The decision will have the effect of altering convictions so they will be regarded as ‘spent convictions.’ This decision will effectively overturn the convictions and will apply to anyone who has a criminal conviction where the fine was $5000 or less.”

“The issue arose from a 2006 decision when the former Coalition Government acted to implement a fairer infringement notice system where those caught in green zones were still to be issued a fine, but would not necessarily receive the ongoing burden of a criminal record against their name.”

“However, this left the 324 fishers in a kind of ‘limbo’ where they had already been charged under the old system, and consequently had a criminal record documented.”

“Before the election I received advice from Prime Minister Howard’s office that they had identified a possible legislative solution to the problem. I had brought the convicted fishers to the brink of a pardon, but unfortunately the election got in the way of justice officials taking action.”

“A recent Senate Inquiry heard evidence of how people have had their lives adversely affected by having a criminal conviction hanging over their head.”

“Those convicted included grandfathers who went fishing with their grandchildren and were given a criminal record because they didn’t have GPS or proper charts.”

“The final decision by the House of Representatives to support our amendments brings an end to this sorry saga.”