Commonwealth Numbered Regulations Commonwealth Numbered Regulations
[1] Paragraph 12.18 (2) (a)
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item
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item mentioned in that subregulation
[2] Paragraph 12.18 (2) (b)
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(b) possession of the item mentioned in that subregulation by a person on a vessel if:
(i) the item is stowed securely; and
(ii) the vessel is in passage through a marine area or anchored or moored in a marine area.
[3] After subregulation 12.18 (4)
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(4A) Paragraph (1) (b) does not apply to the use or possession of a spear in an area if the Director has made a determination under paragraph 12.35 (3) (b) that a spear may be used for taking fish in the area.
(4B) Paragraph (1) (d) does not apply to the use or possession of a spear gun in an area if the Director has made a determination under paragraph 12.35 (3) (b) that a spear gun may be used for taking fish in the area.
[4] After subregulation 12.18 (6)
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(6A) Paragraph (1) (h) does not apply to the use or possession, in an area of water, of a device that can be used, or is designed, for taking fish if the Director has made a determination under paragraph 12.35 (3) (b) that a device of that kind may be used for taking fish in the area.
(7) An offence against subregulation (1) is an offence of strict liability.
[5] Subregulation 12.35 (2), including the penalty
substitute
(2) A person commits an offence if the person takes fish in a Commonwealth reserve in contravention of a determination made by the Director under subregulation (3).
Penalty: 50 penalty units.
Note Paragraph 354 (1) (a) of the Act provides that a person must not kill, injure, take, trade, keep or move a member of a native species in a Commonwealth reserve except in accordance with a management plan in operation for the reserve. Section 354A sets out the offence in relation to that paragraph.
[6] Paragraph 12.35 (3) (b)
substitute
(b) for an area of water where fishing is allowed:
(i) that specified kinds, quantities or combinations of fishing gear must not be carried or used; and
(ii) that specified kinds, quantities or combinations of fishing gear may be carried or used; and
(iii) that specified kinds of fishing gear must be carried or used by a person who is fishing or intending to fish; and
(iv) that specified methods of taking fish may, or must not, be used by a person who is fishing or intending to fish; and
(v) that equipment that allows a person to breathe under the surface of the water may be used; and
(vi) the kind of fish that a person may take, or must not take; and
(vii) the maximum number of fish, or maximum number of a species of fish, that a person may possess in a day; and
(viii) the minimum or maximum size of fish, or minimum or maximum size of a species of fish, that a person may take; and
(ix) the maximum number of fillets of fish, or the maximum number of fillets of a species of fish, that a person may possess in a day; and
(x) the minimum or maximum size of fillets of fish, or minimum or maximum size of fillets of a species of fish, that a person may possess; and
(xi) that, if a person stores any fish in a freezer, the fish must be stored in bags clearly marked with the name of the person who owns the fish; and
(xii) the type or origin of bait that may be used; and
(xiii) that the cleaning or filleting of fish may be undertaken in an area of water.
[7] Subregulations 12.35 (4) and (5)
substitute
(4) A person who is fishing in an area of water commits an offence if the person:
(a) uses equipment that allows the person to breathe under the surface of the water; or
(b) attracts or takes fish using, or installs, equipment other than:
(i) a rod and line to which a single hook or fishing lure is attached; or
(ii) a hand‑held line to which a single hook or fishing lure is attached; or
(iii) a hand‑held net designed to land a fish caught on a hook or fishing lure attached to a line; or
(iv) a spear or spear gun of a kind that is mentioned in a determination made under subparagraph (3) (b) (iv) as a method of taking fish in the area of water; or
(c) uses a hand‑held net to take a fish that has not been caught on a hook or fishing lure attached to a line; or
(d) tethers fish (whether or not alongside a boat).
Penalty: 30 penalty units.
(4A) Subregulation (4) does not apply to an action taken by a person if the action is in accordance with a determination made under subregulation (3) for the area of water.
(5) A person commits an offence if, in a Commonwealth reserve, the person:
(a) uses a live animal as bait for fishing; or
(b) uses a member of a native species, other than a species of fish, as bait for fishing; or
(c) leaves a fishing line unattended while the fishing line is being used for fishing; or
(d) cleans or fillets fish:
(i) if the person is on land -- within 50 metres of any area of water, except at a facility provided by the Director for that purpose; or
(ii) if the person is in an area of water -- within 1 kilometre of land.
Penalty: 15 penalty units.
(5A) Subregulation (5) does not apply to an action taken by a person if the action is in accordance with a determination made under subregulation (3).
[8] After subregulation 12.35 (6)
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(7) An offence against subregulation (2), (4) or (5) is an offence of strict liability.