Pearling Act 1990

Subject to subsection (3), a person shall not —

take, be in possession or control of, or have in or on any receptacle, premises, boat, vehicle or aircraft under his or her control; or

sell, give or consign; or

bring into Western Australian waters or into the State,

smaller than the minimum size; or

larger than the maximum size,

The Minister may, by notice published in the Gazette, declare minimum and maximum sizes for the purposes of subsection (1) and in that notice may specify —

different minimum and maximum sizes in respect of different waters or species of pearl oysters; and

the method, or methods, by which the size of pearl oyster shells shall be determined.

Subsection (1) does not apply to hatchery activities carried out in accordance with a hatchery licence or a hatchery permit.

An inspector may return to Western Australian waters any pearl oyster —

referred to in subsection (1); and

seized under section 36(1)(g).

Where a person convicted of an offence under subsection (1) establishes that at the time when the offence was committed —

he or she was an employee or agent; and

the pearl oysters concerned were in the same state as that in which he or she received them from his or her employer or principal; and

he or she did not know that he or she was committing an offence under subsection (1) in relation to the pearl oysters concerned,

Subsection (5) shall operate notwithstanding that the employer or principal referred to in that subsection may also have been convicted of the offence referred to in that subsection and have been subjected to a penalty imposed as a result of that conviction.