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s 81

Prohibited size and weight offences

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Part 8Offences
Division 8.2General offences

81 Prohibited size and weight offences

(1)

A person commits an offence if—

(a)

the person takes a fish from public waters; and

(b)

the fish is of size or weight that is prohibited under a declaration under section 15 (Declaration of fish of prohibited size and weight).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2)

Subsection (1) does not apply if—

(a)

except for taking the fish, the person’s conduct does not contravene this Act; and

(b)

the person immediately returns the fish to the waters from which it was taken with the least possible injury.

(3)

A person commits an offence if the person possesses a fish that—

(a)

was taken from public waters; and

(b)

is of size or weight that is prohibited under a declaration under section 15.

Maximum penalty: 50 penalty units.

(4)

An offence against subsection (3) is a strict liability offence.

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