Unauthorised trafficking in or possession of fish of priority species
40B Unauthorised trafficking in or possession of fish of priority species
A person commits an offence if:
the person intentionally traffics in fish; and
the fish is fish of a priority species; and
(c) the number of fish trafficked is equal to or greater than a commercial quantity of that species; and
(d) the person is not authorised to traffic a commercial quantity of that fish under this Act and is reckless in relation to that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
A person commits an offence if:
the person intentionally possesses or has control of fish; and
the fish is fish of a priority species; and
(c) the number of fish possessed or controlled is equal to or greater than a commercial quantity of that species; and
(d) the person is not authorised to possess or have control of a commercial quantity of that fish under this Act and is reckless in relation to that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
Strict liability applies to subsections (1)(b) and (2)(b).
Absolute liability applies to subsections (1)(c) and (2)(c).
In this section:
commercial quantity means a quantity prescribed by regulation for this definition.
fish of a priority species means a species of fish prescribed by regulation for this definition.
traffic, in fish, includes the following:
sell fish;
take fish for sale;
receive fish;
process fish;
(e) engage in any act preparatory to an act mentioned in paragraph (a), (b), (c) or (d).
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