South Australian Current Acts

FISHERIES MANAGEMENT ACT 2007 - SECT 74

74—Unauthorised trafficking in fish of priority species prohibited

        (1)         A person must not, unless authorised to do so under this Act—

            (a)         traffic in a commercial quantity of fish of a priority species; or

            (b)         have possession or control of a commercial quantity of fish of a priority species.

Maximum penalty:

            (a)         in the case of a body corporate—$500 000;

            (b)         in the case of a natural person—$100 000 or imprisonment for 4 years.

        (2)         In proceedings for an offence against subsection (1), if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of trafficking.

        (3)         In this section—

"traffic" in fish includes—

            (a)         sell fish; and

            (b)         take fish for sale; and

            (c)         receive fish; and

            (d)         process fish; and

            (e)         engage in any act preparatory to an act referred to in a preceding paragraph.