Prohibited size fish
16 Prohibited size fish
A person who has prohibited size fish in the person’s possession is guilty of an offence.
Maximum penalty—
in the case of an individual—
200 penalty units or imprisonment for 6 months (or both) for a first offence, or
400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or
in the case of a corporation—
1,000 penalty units for a first offence, or
2,000 penalty units for a second or subsequent offence.
A person who has prohibited size fish in the person’s possession, in circumstances of aggravation, is guilty of an offence.
Maximum penalty—
in the case of an individual—
400 penalty units or imprisonment for 12 months (or both) for a first offence, or
800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or
in the case of a corporation—
2,000 penalty units for a first offence, or
4,000 penalty units for a second or subsequent offence.
A person who sells prohibited size fish is guilty of an offence.
Maximum penalty—
in the case of an individual—
200 penalty units or imprisonment for 6 months (or both) for a first offence, or
400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or
in the case of a corporation—
1,000 penalty units for a first offence, or
2,000 penalty units for a second or subsequent offence.
A person who sells prohibited size fish, in circumstances of aggravation, is guilty of an offence.
Maximum penalty—
in the case of an individual—
400 penalty units or imprisonment for 12 months (or both) for a first offence, or
800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or
in the case of a corporation—
2,000 penalty units for a first offence, or
4,000 penalty units for a second or subsequent offence.
For the purposes of subsections (2) and (4), a person has possession of prohibited size fish, or sells prohibited size fish, in circumstances of aggravation if—
the prohibited size fish in possession or sold by the person are a priority species of fish, and
the quantity of prohibited size fish in possession or sold by the person is a commercial quantity of that species of fish.
This Act’s bill:Explanatory memorandum
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