Prohibited size and weight offences
81 Prohibited size and weight offences
A person commits an offence if—
the person takes a fish from public waters; and
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.
Subsection (1) does not apply if—
except for taking the fish, the person’s conduct does not contravene this Act; and
the person immediately returns the fish to the waters from which it was taken with the least possible injury.
A person commits an offence if the person possesses a fish that—
was taken from public waters; and
is of size or weight that is prohibited under a declaration under section 15.
Maximum penalty: 50 penalty units.
An offence against subsection (3) is a strict liability offence.
This Act’s bill:Explanatory statementSecond reading speech
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