Direction to remove gear from water
69 Direction to remove gear from water
This section applies if an authorised person believes on reasonable grounds that a person is using fishing gear in contravention of this Act.
An authorised person may direct a person to remove from waters any fishing gear being used by the person.
If an authorised person gives a direction to a person, the authorised person must—
tell the person that it is an offence if the person fails to comply with the direction; and
give the direction in a language, or way of communicating that the person is likely to understand.
A person commits an offence if the person—
is subject to a direction under subsection (2); and
fails to comply with the direction.
Maximum penalty: 50 penalty units.
An offence against this section is a strict liability offence.
This section does not apply to a person if—
the person has a reasonable excuse for failing to comply with the direction; or
the authorised person did not produce the authorised person’s identity card for inspection by the person as soon as practicable after giving the direction.
Note The defendant has an evidential burden in relation to the matters mentioned in s (6) (see Criminal Code, s 58).
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