1Short title
These regulations may be cited as the Fisheries
Management (Demerit Points) Regulations 2017.
Parliamentary material from the official source. Links open the official source in a new tab.
These regulations may be cited as the Fisheries
Management (Demerit Points) Regulations 2017.
In these regulations—
Act means the Fisheries
Management Act 2007.
The clause headings in Schedule 1 form part of these regulations.
For the purposes of section 104(1) of the Act—
an offence against a provision specified in Schedule 1 is an offence of a prescribed kind and the number of demerit points prescribed in relation to the offence is the number specified for the offence in Schedule 1;
and
an offence against section 120 of the Act is an offence of a prescribed kind and the number of demerit points prescribed in relation to the offence is the same number as the number specified for the principal offence in Schedule 1.
Text set out in italic type under a column headed "Description of offence" in a table in Schedule 1 is a description for convenience purposes only and is not to be taken to define the offence for which a particular number is prescribed as the number of demerit points attracted by the offence.
| Section | Description of offence | Demerit points |
| 52 | Person not holding licence or permit in respect of fishery, or person not acting as agent of holder of such licence or permit, engaging, for commercial purpose, in fishing activity of class that constitutes fishery | 100 |
| 53(1)(a) | Using boat other than registered boat, for commercial purpose, to engage in fishing activity of class that constitutes fishery | 50 |
| 53(1)(b) | Using boat in charge of person other than registered master, for commercial purpose, to engage in fishing activity of class that constitutes fishery | 50 |
| 53(2) | Using unregistered device, for commercial purpose, to engage in fishing activity of class that constitutes fishery | 75 |
| 55(3) | Contravening condition of fishery authority related to quota entitlement— | |
| (a) if the offence is expiated by the holder of the authority and the Minister has not varied the conditions of the authority so as to reduce the quota entitlement under the licence | 20 | |
| (b) in any other case | 100 | |
| 55(3) | Contravening condition of fishery authority not related to quota entitlement— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case | 50 | |
| 59(1) | Holder of fishery authority failing to carry fishery authority or identification while engaging in fishing activity under fishery authority— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 59(2) | Person in charge of registered boat on waters failing to carry fishery authority or identification— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 59(3)(a) | Person using registered device on waters failing to carry fishery authority or identification— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 59(3)(b) | Person in charge of boat on which registered device is being used failing to carry fishery authority or identification— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 62(1) | Person not registered as fish processor acting as fish processor | 75 |
| 62(3) | Registered fish processor using premises, place, boat or vehicle not specified in certificate of registration for or in connection with processing, storing, transporting or dealing with aquatic resources— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 65(4) | Registered fish processor contravening condition of registration— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 67(a) | Giving another person possession or control of fishery authority not in name of the other person | 75 |
| 67(b) | Having possession or control of another person's fishery authority | 75 |
| 67(c) | Falsely representing to be person named in fishery authority | 75 |
| 71(1)(a) | Taking aquatic mammal | 100 |
| 71(1)(a) | Taking aquatic resource of protected species— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 80 | |
| (ii) second or subsequent offence | 100 | |
| 71(1)(b) | Injuring, damaging or otherwise harming aquatic mammal— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case | 100 | |
| 71(1)(b) | Injuring, damaging or otherwise harming aquatic resource of protected species— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 80 | |
| (ii) second or subsequent offence | 100 | |
| 71(2)(a) | Interfering with, harassing or molesting aquatic mammal | 100 |
| 71(2)(a) | Interfering with, harassing or molesting aquatic resource of protected species— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 80 | |
| (ii) second or subsequent offence | 100 | |
| 71(2)(b) | Causing or permitting interference with, or harassment or molestation of, aquatic mammal | 100 |
| 71(2)(b) | Causing or permitting interference with, or harassment or molestation of, aquatic resource of protected species— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 80 | |
| (ii) second or subsequent offence | 100 | |
| 72(1) | Selling or purchasing aquatic resource taken without authority | 100 |
| 72(2)(a) | Selling or purchasing, or having possession or control, of aquatic resource taken in contravention of Act or corresponding law | 100 |
| 72(2)(b) | Selling or purchasing, or having possession or control of, aquatic resource of protected species | 100 |
| 72(2)(c) | Selling or purchasing, or having possession or control of, aquatic resource of prescribed class— | |
| (a) first offence | 45 | |
| (b) second offence | 60 | |
| (c) third or subsequent offence | 75 | |
| 73(1) | Possessing quantity of fish of priority species exceeding prescribed quantity | 100 |
| 73(1) | Possessing quantity of aquatic resource (other than fish of priority species) exceeding prescribed quantity— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 74(1) | Trafficking in, or having possession or control of, commercial quantity of fish of priority species | 100 |
| 75(1) | Obstructing or interfering with lawful fishing activity or interfering with aquatic resources taken in course of lawful fishing activity— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 75(2) | Failing to cease or discontinue obstructive conduct or interference with lawful fishing activity— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 75A(1) | Taking cuttlefish in certain waters of Spencer Gulf without permit— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 76(a) | Entering or remaining in aquatic reserve without authorisation or permit— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 76(b) | Engaging in fishing activity in aquatic reserve without authorisation or permit— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 77(1)(a) | Engaging in operation involving or resulting in disturbance of bed of waters in aquatic reserve without authorisation or permit— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 77(1)(b) | Engaging in operation involving or resulting in removal of or interference with aquatic or benthic animals or plants of waters in aquatic reserve— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 78(1)(a) | Bringing into State aquatic resources of noxious species without permit | 100 |
| 78(1)(b) | Taking from any waters aquatic resources of noxious species without permit | 100 |
| 78(1)(c) | Selling, purchasing or delivering aquatic resources of noxious species without permit | 100 |
| 78(1)(d) | Having possession or control of aquatic resources of noxious species without permit | 100 |
| 78(2)(a) | Releasing or permitting escape into any waters of exotic fish, aquaculture fish, or fish kept apart from natural habitat, without permit | 100 |
| 78(2)(b) | Depositing into any waters exotic fish, aquaculture fish, fish kept apart from natural habitat, or exotic aquatic plants, without permit | 100 |
| 79(9)(a) | Engaging in fishing activity in contravention of declaration or direction under section 79— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 79(9)(b) | Having possession or control of aquatic resources in contravention of declaration under section 79— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 79A(3) | Contravening condition of a permit issued for purposes of Part 7 | 100 |
| 80(8) | Failing to comply with requirement of Minister | 5 |
| 84(3) | Resisting arrest or escaping from lawful custody | 100 |
| 88(4) | Using registered boat without scientific observer aboard during period specified in notice given by Minister | 100 |
| 91(1) | Hindering etc authorised person | 100 |
| 91(2) | Assaulting authorised person etc | 100 |
| 92(9) | Failing to comply with protection order— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case | 100 | |
| 94(9) | Failing to comply with reparation order | 100 |
| 102(2) | Contravening suspension, disqualification or prohibition order made by court | 100 |
| 115(6) | Contravening condition of exemption— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 119 | Making false or misleading statement in information provided, or record kept, under Act | 100 |
| 124(1) | Person engaged in administration of Act divulging or communicating information obtained in course of official duties except in prescribed circumstances | 100 |
| 124(3) | Person using for other purpose information disclosed for particular purpose | 100 |
| Part | Description of offence | Demerit points |
| Part 1 | Engaging in a fishing activity of a prescribed class—taking fish by using a fish net in any of the waters of the State specified in Schedule 7 Part 1 of the Fisheries Management (General) Regulations 2017: | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| Part 2 | Engaging in a fishing activity of a prescribed class—taking fish using a net other than a large mesh net or sardine net in any of the waters of the State specified in Schedule 7 Part 2 of the Fisheries Management (General) Regulations 2017: | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| Part 3 | Engaging in a fishing activity of a prescribed class—taking fish by using a fish net in any of the waters of the State specified in Schedule 7 Part 3 of the Fisheries Management (General) Regulations 2017 other than a purse seine net used by the holder of a licence in respect of the Marine Scalefish Fishery registered for use under that licence for the purpose of taking Salmon while no other registered device is being used and the waters in which it is being used are 10 metres or more in depth, or a sardine net used by the holder of a licence in respect of the Sardine Fishery registered for use under that licence for the purpose of taking Australian Sardine or Australian Anchovy while only 1 such net is in use and the waters in which it is being used are 10 metres or more in depth: | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 |
| Regulation | Description of offence | Demerit points |
| 10(6) | Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Central Zone Abalone Fishery)— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 11(6) | Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Southern Zone Abalone Fishery)— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 12(6) | Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Western Zone Abalone Fishery)— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 13 | Licence holder taking abalone under licence using more than 1 registered boat at any 1 time, or causing etc more than 1 registered boat to be used at any 1 time to take abalone under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 14(1) | Licence holder causing etc more than 1 person to engage in fishing activities under licence on the same day— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 50 | |
| 15 | Licence holder causing etc registered boat to be transported or towed by another boat to fishing location | 50 |
| 16(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of abalone taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of abalone taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 16(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 17(1) | Failing to provide return to Department as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 17(2) | Failing to keep copy of return provided to Department as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 18 | Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 |
| Regulation | Description of offence | Demerit points |
| 11(2) | Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of blue crab taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of blue crab taken under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 11(3) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 12(1) | Failing to provide return to Department as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 12(2) | Failing to keep copy of return provided to Department as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 13 | Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 |
| Regulation | Description of offence | Demerit points |
| 11(1) | Using, possessing or controlling rock lobster pot (recreational) registered in name of licensed person, registered master or agent of licensed person aboard registered boat being used under licence— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case | 50 | |
| 12(2) | Failing to comply with determination of Minister made for purposes of subregulation (1) by failing to provide certain information to Department if registered boat is, or is to be, used under licence— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 13(1) | Failing to provide return to Department as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 13(2) | Failing to keep copy of return provided to Department as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 14 | Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 |
| Regulation | Description of offence | Demerit points |
| 7(1) | Failing to check for undersize fish in consignment of aquatic resources | 50 |
| 7(2) | Failing to dispose of undersize fish found in consignment of aquatic resources | 50 |
| 8(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of abalone, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of abalone purchased or obtained by fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 8(3) | Failing to keep records made under subregulation (1) in relation to abalone as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 9(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of vongole, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of vongole purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 9(3) | Failing to keep records made under subregulation (1) in relation to vongole as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 10(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of pipi, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of pipi purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 10(3) | Failing to keep records made under subregulation (1) in relation to pipi as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 11(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of blue crab, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of blue crab purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 11(3) | Failing to keep records made under subregulation (1) in relation to blue crab as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 12(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of giant crab, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of giant crab purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 12(3) | Failing to keep records made under subregulation (1) in relation to giant crab as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 13(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of sardines, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of sardines purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 13(3) | Failing to keep records made under subregulation (1) in relation to sardines as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 14(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of tuna, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of tuna purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 14(3) | Failing to keep records made under subregulation (1) in relation to tuna as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 15(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of rock lobster, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of rock lobster purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 15(3) | Failing to keep records made under subregulation (1) in relation to rock lobster as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 15A(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of King George whiting, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of King George whiting purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 15A(3) | Failing to keep records made under subregulation (1) in relation to King George whiting as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 15B(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of snapper, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of snapper purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 15B(3) | Failing to keep records made under subregulation (1) in relation to snapper as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 15C(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of southern calamari, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of southern calamari purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 15C(3) | Failing to keep records made under subregulation (1) in relation to southern calamari as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 15D(2) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of southern garfish, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of southern garfish purchased or obtained by, or consigned or delivered to, fish processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 15D(3) | Failing to keep records made under subregulation (1) in relation to southern garfish as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 16(4) | Contravening regulation by failing to provide return to Department as determined by Minister, or failing to keep record of return provided to Department as determined by Minister— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 17(3) | Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in connection with purchasing, obtaining, processing, storage, transport or dealing with aquatic resources, or failing to provide such information to Department— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 17(3) | Failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in connection with receipt of aquatic resources, or failing to provide such information to Department— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 17(4) | Failing to keep records as determined by Minister— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 18 | Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 |
| Regulation | Description of offence | Demerit points |
| 8(1) | Being person in charge of vehicle in or on which there are more than 300 Pipi (West of longitude 136°East)— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 8(2) | Being person in charge of vehicle in or on which there are more than 990 Pipi (East of longitude 136°East)— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 8A(1) | Person in, or within prescribed distance of, waters of the Lakes and Coorong in possession or control of 1 or more Black Bream during closed season— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 11 | Person using registered device for recreational fishing failing to produce certificate of registration within 48 hours of request— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 14(1) | Carrying hand fish spear, spear gun or explosive device by licensed person in specified area— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 14(1) | Carrying hand fish spear, spear gun or explosive device by unlicensed person in specified area— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 15(1) | Carrying certain devices while using scuba, hookah or other apparatus for breathing underwater— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 16 | Carrying device by licensed person near lock and weir of River Murray— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 16 | Carrying device by unlicensed person near lock and weir of River Murray— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 17(2) | Using registered boat not bearing distinguishing marks to engage in fishing activity of class that constitutes fishery— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 17(3) | Using dinghy as tender to registered boat where dinghy does not bear same distinguishing marks (with addition of letter "T" forming part of distinguishing marks as prefix) as registered boat to which dinghy is tender— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 17(4) | Owner of registered boat that ceases to be registered boat failing to remove or cause to be removed as soon as practicable after cessation any distinguishing mark on boat— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 18(2) | Mutilating certain fish before fish are brought ashore or landed— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 19(1) | Removing abalone (Southern Zone) from shell other than at premises of registered fish processor in course of business of processor— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 19(2) | Removing abalone from shell before bringing abalone to position above water line— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 19(3) | Taking abalone without carrying measuring device— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 19(4) | Failing to immediately and carefully replace undersize abalone— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 19(5) | Possessing etc abalone removed from shell other than in prescribed circumstances— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 20 | Storing or confining fish in corfs without tagged buoy attached— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 21 | Storing or confining rock lobster in corf without holding licence in respect of rock lobster fishery— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 22(1) | Taking rock lobster by unlicensed person in Northern Zone during closed season— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 22(2) | Setting rock lobster pot by unlicensed person in Northern Zone during closed season— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 22(3) | Taking rock lobster by unlicensed person in Southern Zone during closed season— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 22(4) | Setting rock lobster pot by unlicensed person in Southern Zone during closed season— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 23(1) | Failing to mark tail fan of rock lobster in prescribed manner— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case | 75 | |
| 23A | Taking bivalve filter‑feeding molluscs by licensed person in Port Adelaide River estuary— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 23A | Taking bivalve filter‑feeding molluscs by unlicensed person in Port Adelaide River estuary— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 23B | Taking Murray Cod by licensed person in certain waters— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 23B | Taking Murray Cod by unlicensed person in certain waters— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 23C | Taking snapper by licensed person in certain waters— | |
| (a) if the offence is expiated | 20 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 23C | Taking snapper by unlicensed person in certain waters— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 23D | Taking Razorfish by licensed person—exceeding daily limit: | |
| (a) if the offence is expiated— | ||
| (i) by up to 5 Razorfish | 5 | |
| (ii) by more than 5 but not more than 10 Razorfish | 10 | |
| (iii) by more than 10 but not more than 15 Razorfish | 15 | |
| (iv) by more than 15 but not more than 20 Razorfish | 20 | |
| (v) by more than 20 Razorfish | 25 | |
| (b) in any other case— | ||
| (i) first offence | 30 | |
| (ii) second offence | 40 | |
| (iii) third or subsequent offence | 50 | |
| 23E(1)(a) | Taking Razorfish (Pinna bicolor), Mussels (Mytilus spp) or crabs (Family Portunidae) in Germein Bay (Zone 1)— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 23E(1)(b) | Taking Razorfish (Pinna bicolor) in Germein Bay (Zone 2)— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 24(1) | Using certain animal body parts as berley (otherwise than in rock lobster pot or other fish trap) within 2 nautical miles of mainland or exposed island or reef of State— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 24(3) | Depositing or using in marine waters body or body parts of mammal, bird, reptile or amphibian— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 24(3a) | Using abalone or any part of an abalone as bait or berley in waters of the State— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 45 | |
| (ii) second offence | 60 | |
| (iii) third or subsequent offence | 75 | |
| 25(3) | Leaving bait net registered under fishery authority unattended after set in waters from registered boat— | |
| (a) if the offence is expiated | 15 | |
| (b) in any other case— | ||
| (i) first offence | 60 | |
| (ii) second offence | 80 | |
| (iii) third or subsequent offence | 100 | |
| 26(1) | Failing to remove from Lakes and Coorong anchors etc from nets removed from Lakes and Coorong (commercial)— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 27(1) | Holder of fishery authority, fish processor or person otherwise involved in business of handling, storing, moving or dealing with fish transporting etc fish in receptacle without marking or labelling receptacle with name etc and fishery licence, fishery permit number or fish processor registration number— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 29(1) | Holder of fishery authority (natural person) failing to notify Minister of change of residential or business address within 30 days of change— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 | |
| 29(2) | Holder of fishery authority (body corporate) failing to notify Minister of change of registered address within 30 days of change— | |
| (a) if the offence is expiated | 5 | |
| (b) in any other case | 25 |
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