Northern Territory Numbered Acts Northern Territory Numbered ActsSections 39 to 43A
repeal, insert
(1) A person commits an offence if:
(a) the person intentionally obstructs another person; and
(b) the other person is an authorised officer; and
(c) the authorised officer is acting in an official capacity and the person has knowledge of that circumstance.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2) Strict liability applies to subsection (1)(b).
(3) For subsection (1), a person who refuses to allow an authorised officer, or any person lawfully assisting the authorised officer, to exercise any of the powers conferred on the authorised officer by or under this Act is taken to be obstructing the authorised officer.
(4) In this section:
"obstruct" includes hinder and resist.
(1) The owner, or a person who is in control, of a registered vessel commits an offence if:
(a) the owner or person in control permits another person to use the vessel or an item of fishing gear or other equipment on or used with the vessel; and
(b) the other person uses the vessel, gear or equipment in the commission of an offence against this Act and the owner or person in control is reckless in relation to that circumstance; and
(c) the owner or person in control failed to take reasonable steps to prevent the commission of the offence by the other person.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2) Strict liability applies to subsection (1)(a) and (c).
(1) A licensee or the owner of a registered vessel commits an offence if:
(a) the address for service of the licensee or owner changes; and
(b) the licensee or owner fails to give the Director written notice of the new address within 28 days after the change.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(1) A person commits an offence if:
(a) the person intentionally traffics in fish; and
(b) the fish is fish of a priority species; and
(c) the number of fish trafficked is equal to or greater than a commercial quantity of that species; and
(d) the person is not authorised to traffic a commercial quantity of that fish under this Act and is reckless in relation to that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally possesses or has control of fish; and
(b) the fish is fish of a priority species; and
(c) the number of fish possessed or controlled is equal to or greater than a commercial quantity of that species; and
(d) the person is not authorised to possess or have control of a commercial quantity of that fish under this Act and is reckless in relation to that circumstance.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Absolute liability applies to subsections (1)(c) and (2)(c).
(5) In this section:
"commercial quantity" means a quantity prescribed by regulation for this definition.
"fish of a priority species" means a species of fish prescribed by regulation for this definition.
"traffic", in fish, includes the following:
(a) sell fish;
(b) take fish for sale;
(c) receive fish;
(d) process fish;
(e) engage in any act preparatory to an act mentioned in paragraph (a), (b), (c) or (d).
A person commits an offence if:
(a) the person intentionally sells fish or aquatic life, or a product containing fish or aquatic life; and
(b) the fish, aquatic life or product is labelled with the identity or origin of the fish or aquatic life and the person is reckless in relation to that circumstance; and
(c) the identity or origin of the fish or aquatic life on the label is false and the person is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(1) A person commits an offence if:
(a) the person intentionally buys, sells or possesses fish or aquatic life; and
(b) the fish or aquatic life was taken in contravention of this Act and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) For subsection (1), fish or aquatic life is taken to be sold if it forms part of a meal and either:
(a) payment is made for the meal or any part of the meal; or
(b) the meal is supplied to a person (whether in accordance with the terms of a contract of service or otherwise) who is employed by the person by whom the meal is supplied.
(1) A person commits an offence if:
(a) the person intentionally takes fish or aquatic life; and
(b) the area in which the fish or aquatic life is taken is a licensed area and the person is reckless in relation to that circumstance; and
(c) the person is not authorised under this Act to take fish or aquatic life in the licensed area and is reckless in relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) A person commits an offence if:
(a) the person intentionally removes diseased or contaminated fish or aquatic life from an area; and
(b) the area is a licensed area and the person is reckless in relation to that circumstance; and
(c) the person is not authorised under this Act to remove diseased or contaminated fish or aquatic life from the licensed area and is reckless in relation to that circumstance.
Maximum penalty: 500 penalty units or imprisonment for 2 years.
(3) A person commits an offence if:
(a) the person intentionally enters an area; and
(b) the area is a licensed area that has been marked out under section 55(4) and the person is reckless in relation to that circumstance; and
(c) the person is not authorised to enter the area by the holder of the aquaculture licence and is reckless in relation to that circumstance.
Maximum penalty: 50 penalty units.
(4) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in the removal of, or interference with, a beacon, buoy, mark, light, signal, raft, structure or implement used in relation to a licensed area and the person is reckless in relation to the result; and
(c) the person is not authorised to engage in the conduct by the holder of the aquaculture licence and is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units.
(5) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in damage to, or in, a licensed area and the person is reckless in relation to the result; and
(c) the person is not authorised to engage in the conduct by the holder of the aquaculture licence and is reckless in relation to that circumstance.
Maximum penalty: 100 penalty units.
(6) If a court finds a person guilty of an offence against subsection (1), (2), (3), (4) or (5), it may award damages in respect of the offence.
(7) In this section:
"licensed area" means land, premises or waters to which an aquaculture licence relates.
A prosecution under this Act must be commenced within 2 years after the day on which the offence is alleged to have been committed.