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FISHERIES MANAGEMENT ACT 1994 - SECT 16
Prohibited size fish
(1) A person who has prohibited size fish in the person's possession is guilty
of an offence. : Maximum penalty-- (a) in the case of an individual-- (i) 200
penalty units or imprisonment for 6 months (or both) for a first offence, or
(ii) 400 penalty units or imprisonment for 12 months (or both) for a second or
subsequent offence, or
(b) in the case of a corporation-- (i) 1,000 penalty
units for a first offence, or
(ii) 2,000 penalty units for a second or
subsequent offence.
(2) A person who has prohibited size fish in the person's
possession, in circumstances of aggravation, is guilty of an offence. :
Maximum penalty-- (a) in the case of an individual-- (i) 400 penalty units or
imprisonment for 12 months (or both) for a first offence, or
(ii) 800 penalty
units or imprisonment for 18 months (or both) for a second or subsequent
offence, or
(b) in the case of a corporation-- (i) 2,000 penalty units for a
first offence, or
(ii) 4,000 penalty units for a second or subsequent
offence.
(3) A person who sells prohibited size fish is guilty of an offence.
: Maximum penalty-- (a) in the case of an individual-- (i) 200 penalty units
or imprisonment for 6 months (or both) for a first offence, or
(ii) 400
penalty units or imprisonment for 12 months (or both) for a second or
subsequent offence, or
(b) in the case of a corporation-- (i) 1,000 penalty
units for a first offence, or
(ii) 2,000 penalty units for a second or
subsequent offence.
(4) A person who sells prohibited size fish, in
circumstances of aggravation, is guilty of an offence. : Maximum penalty-- (a)
in the case of an individual-- (i) 400 penalty units or imprisonment for 12
months (or both) for a first offence, or
(ii) 800 penalty units or
imprisonment for 18 months (or both) for a second or subsequent offence, or
(b) in the case of a corporation-- (i) 2,000 penalty units for a first
offence, or
(ii) 4,000 penalty units for a second or subsequent offence.
(5)
For the purposes of subsections (2) and (4), a person has possession of
prohibited size fish, or sells prohibited size fish, in
"circumstances of aggravation" if-- (a) the prohibited size fish in possession
or sold by the person are a priority species of fish, and
(b) the quantity of
prohibited size fish in possession or sold by the person is a
commercial quantity of that species of fish.
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