Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 3(1)
Insert:
"commercial fisher" means the holder of a commercial fishing licence.
2 Subsection 3(1)
Insert:
"commercial fishing licence" means a licence that is in force under subsection 19(2) or (4).
3 Subsection 3(1)
Insert:
"fish receiver licence" means a licence that is in force under subsection 19(4B).
4 Section 46AA
Repeal the section, substitute:
46AA Offences relating to a fish receiver licence
(1) This section relates to fish taken from:
(a) the Protected Zone; or
(b) an area of waters that is declared under subsection 15(1).
(2) A person commits an offence if:
(a) the person receives fish directly from another person; and
(b) the fish were taken by the other person in circumstances that required the person to hold a commercial fishing licence, or a Treaty endorsement; and
(c) the person intends:
(i) to process the fish, other than for personal consumption or use; or
(ii) to sell the fish; and
(d) the person does not hold a licence that allows the person to receive fish under this Act.
Penalty: 50 penalty units.
(3) A person receives fish directly from another person if the person receives the fish from:
(a) the other person; or
(b) someone else who has been engaged by the other person to transport the fish to the person.
(4) A person commits an offence if:
(a) the person holds a fish receiver licence; and
(b) the person receives fish from someone who is not a commercial fisher; and
(c) the person intends:
(i) to process the fish, other than for personal consumption or use; or
(ii) to sell the fish.
Penalty: 50 penalty units.
[ Minister's second reading speech made in--
House of Representatives on 25 November 2009
Senate on 10 March 2010 ]
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(240/09) |