Living Marine Resources Management Act 1995

A person is taken to be in possession of something for the purposes of this Act if the person has, either alone or jointly with others, actual possession or actual custody of the thing.

A person is also taken to be in possession of something for the purposes of this Act if – the thing is at or in a place that the person, either alone or jointly with others, occupies; or the person, either alone or jointly with others, enjoys the thing at or in any place; or the person has, whether it is exercised for the person's own benefit or for the benefit of others, any control over the thing.

Subsection (2) applies whether or not any other person has actual possession or actual custody of the thing.

However, subsection (2)(a) does not apply if the person proves that the person had no knowledge of the thing.