South Australian Current Regulations

FISHERIES MANAGEMENT (GENERAL) REGULATIONS 2017 - REG 8

8—Possession of Pipi in vehicles carrying 3 or more persons

        (1)         If—

            (a)         a motor vehicle (other than a public passenger vehicle) is West of longitude 136° East; and

            (b)         2 or more persons (excluding the driver) are being carried in the vehicle; and

            (c)         there are more than 300 Pipi in or on the vehicle,

the person in charge of the vehicle is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second or subsequent offence—$20 000.

Expiation fee: $315.

        (2)         If—

            (a)         a motor vehicle (other than a public passenger vehicle) is East of longitude 136° East; and

            (b)         2 or more persons (excluding the driver) are being carried in the vehicle; and

            (c)         there are more than 900 Pipi in or on the vehicle,

the person in charge of the vehicle is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$10 000;

            (b)         for a second or subsequent offence—$20 000.

Expiation fee: $315.

        (3)         In proceedings for an offence against subregulation (1) or (2), it is a defence if the defendant proves that—

            (a)         the Pipi were taken for a commercial purpose under an authority; or

            (b)         the Pipi were purchased—

                  (i)         from a person whose ordinary business was the selling of fish or aquatic resources; and

                  (ii)         in the ordinary course of that business; or

            (c)         the Pipi were not taken in contravention of the Act or these regulations.

        (4)         For the purposes of this regulation—

            (a)         Pipi will be taken to be in or on a motor vehicle if the Pipi are in or on a trailer being towed by a motor vehicle;

            (b)         a person will be taken to be in charge of a motor vehicle if—

                  (i)         the person is driving, or has just driven, the vehicle; or

                  (ii)         the person is attempting to put the vehicle in motion; or

                  (iii)         the person is the registered owner or registered operator of the vehicle and is in, on or near the vehicle.

        (5)         In this regulation—

"motor vehicle" has the same meaning as in the Motor Vehicles Act 1959 ;

"public passenger vehicle" has the same meaning as in the Passenger Transport Act 1994 ;

"registered operator", in relation to a motor vehicle, has the same meaning as in the Motor Vehicles Act 1959 ;

"registered owner", in relation to a motor vehicle, has the same meaning as in the Motor Vehicles Act 1959 .