Fisheries Management Act 2007

Subject to this section, if a person sells or purchases an aquatic resource taken in waters to which this Act applies but not under an authority, the person is guilty of an offence. Maximum penalty: Maximum penalty:

in the case of a body corporate—

if the offence involves the sale or purchase of fish of a priority species—$250 000;

in any other case—$100 000;

in the case of a natural person—

if the offence involves the sale or purchase of fish of a priority species—$50 000 or imprisonment for 4 years;

in any other case—$20 000 or imprisonment for

Subject to this section, if a person sells or purchases, or has possession or control of—

an aquatic resource taken in contravention of this Act or a corresponding law; or

an aquatic resource of a protected species; or

an aquatic resource of a prescribed class, the person is guilty of an offence. Maximum penalty: Maximum penalty:

in the case of a body corporate—

if the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$250 000;

in any other case—$100 000;

in the case of a natural person—

if the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$50 000 or imprisonment for

in any other case—$20 000.

In proceedings for an offence against subsection (2)—

if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of sale;

if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control in circumstances in which it is reasonable to presume that the aquatic resources were taken by that person in waters to which this Act applies, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resources from such waters.

Regulations made for the purposes of subsection (2)(c) may prescribe a class of aquatic resource comprised of or including an aquatic resource taken elsewhere than in waters to which this Act applies.

In proceedings for an offence against this section, it is a defence if the defendant proves—

—

that the aquatic resources to which the proceedings relate—

were purchased from a person whose ordinary business was the selling of such aquatic resources; and

were purchased in the ordinary course of that business;

that the defendant did not take the aquatic resources in contravention of this Act or a corresponding law; and

that the defendant did not know, and had no reason to believe, that the aquatic resources were (as the case may be)—

aquatic resources taken in waters to which this Act applies but not under an authority; or

aquatic resources taken in contravention of this Act or a corresponding law; or

aquatic resources of a protected species; or

aquatic resources of a prescribed class.

In proceedings for an offence against subsection (2) relating to aquatic resources of a class prescribed for the purposes of that subsection, if it is proved—

that the defendant was not—

the holder of an authority authorising the taking of aquatic resources of that class; or

a registered fish processor; and

that the defendant sold or purchased or had possession or control of more than the prescribed quantity of aquatic resources of that class, the offence is proved unless the defendant establishes the defence under subsection (5).

Subsection (2) does not apply where a person has possession or control of an aquatic resource of a protected species pursuant to a permit issued by the Minister.

The Minister must not issue a permit for the purposes of subsection (7) unless of the opinion that it is in the public interest to do so.