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s 10

Requirement for licence

In force
Part 2ALicences, permits and vessel registration
Division 1Requirement for licence or permit

10 Requirement for licence

(1) A licence may authorise a person to do one or more of the following things:

(a)

take fish or aquatic life:

(i)

for sale; or

(ii)

for the purpose of aquaculture; or

(iii)

for the purpose of exhibiting them for profit;

(b)

undertake aquaculture;

(c)

sell live fish or aquatic life;

(d)

process for sale or sell dead fish or aquatic life;

(e)

exhibit fish or aquatic life for profit;

(f) any other thing prescribed by regulation or a management plan as being able to be done only under a licence.

(2)

A person commits an offence if the person:

(a) takes fish or aquatic life with the intention of using it for a purpose mentioned in subsection (1)(a); and

(b) is not authorised by a licence to take the fish or aquatic life for that purpose.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(3)

A person commits an offence if the person:

(a)

intentionally undertakes aquaculture; and

(b)

is not authorised by a licence to do so.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(4)

A person commits an offence if:

(a)

the person intentionally sells a thing; and

(b) the thing is live fish or aquatic life and the person is reckless in relation to that circumstance; and

(c)

the person is not authorised by a licence to sell the thing.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(5)

A person commits an offence if:

(a)

the person intentionally processes for sale or sells a thing; and

(b) the thing is dead fish or aquatic life and the person is reckless in relation to that circumstance; and

(c) the person is not authorised by a licence to process for sale or sell the thing.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(6)

A person commits an offence if:

(a)

the person intentionally exhibits a thing for profit; and

(b) the thing is fish or aquatic life and the person is reckless in relation to that circumstance; and

(c) the person is not authorised by a licence to exhibit the fish or aquatic life for profit.

Maximum penalty: 200 penalty units or imprisonment for 2 years.

(7)

A person commits an offence if:

(a)

the person intentionally engages in conduct; and

(b) the conduct is prescribed by regulation or a management plan as being able to be done only under a licence and the person is reckless in relation to that circumstance; and

(c) the person is not authorised by a licence to engage in the conduct.

Maximum penalty: 100 penalty units or imprisonment for 12 months.

(8) Strict liability applies to subsections (2)(b), (3)(b), (4)(c), (5)(c), (6)(c) and (7)(c).

(9) This section does not apply to a person who does a thing of a kind prescribed by a regulation or management plan for this subsection.

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