New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 18A

18A Additional monetary penalty for bag limit offences involving priority species

(1) A court that finds a person guilty of an offence against section 17 or 18 in respect of any species of fish that is a priority species of fish in relation to the offence concerned may impose an additional penalty for the offence of up to 10 times the market value of the fish the subject of the offence.

(2) The
"market value" of the fish the subject of the offence is the amount determined by the court as the price at which the fish might reasonably have been expected to be sold by the person who committed the offence at the time the offence was committed.

(3) In determining the market value of the fish the subject of the offence, the court may have regard to the following--

(a) the price for which fish of that species were being sold at the time of the offence (whether or not to purchasers within this State and whether or not legally),

(b) the price for which the fish were sold, or for which fish of that species have previously been sold, by the person who committed the offence,

(c) any other matters it considers appropriate.

(4) The court may determine the market value of the fish the subject of the offence by reference to the weight of the fish the subject of the offence, the number of fish the subject of the offence or by any other method it considers appropriate.

(5) The penalty provided for by this section is in addition to the maximum penalty provided for by this Act in respect of the particular offence concerned.