South Australian Numbered Acts South Australian Numbered Acts72—Sale, purchase or possession of aquatic resources without authority
prohibited
(1) Subject to this
section, if a person sells or purchases an aquatic resource taken in waters to
which this Act applies but not under an authority, the person is guilty of an
offence.
Maximum penalty:
(a) in
the case of a body corporate—
(i)
if the offence involves the sale or purchase of
fish of a priority species—$250 000;
(ii)
in any other case—$100 000;
(b) in
the case of a natural person—
(i)
if the offence involves the sale or purchase of
fish of a priority species—$50 000 or imprisonment for
4 years;
(ii)
in any other case—$20 000 or imprisonment for
2 years.
(2) Subject to this
section, if a person sells or purchases, or has possession or control
of—
(a) an
aquatic resource taken in contravention of this Act or a corresponding law; or
(b) an
aquatic resource of a protected species; or
(c) an
aquatic resource of a prescribed class,
the person is guilty of an offence.
Maximum penalty:
(a) in
the case of a body corporate—
(i)
if the offence involves the sale or purchase of
fish of a priority species or the possession or control of
fish of a priority species for the purposes of sale—$250 000;
(ii)
in any other case—$100 000;
(b) in
the case of a natural person—
(i)
if the offence involves the sale or purchase of
fish of a priority species or the possession or control of
fish of a priority species for the purposes of sale—$50 000 or
imprisonment for 4 years;
(ii)
in any other case—$20 000.
(3) In proceedings for
an offence against subsection (2)—
(a) 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 sale;
(b) 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 in circumstances in which it
is reasonable to presume that the aquatic resources were taken by that person
in waters to which this Act applies, it will be presumed, in the absence of
proof to the contrary, that the person took the aquatic resources from such
waters.
(4) Regulations made
for the purposes of subsection (2)(c) may prescribe a class of
aquatic resource comprised of or including an aquatic resource taken elsewhere
than in waters to which this Act applies.
(5) In proceedings for
an offence against this section, it is a defence if the defendant
proves—
(a)
—
(i)
that the aquatic resources to which the proceedings
relate—
(A) were purchased from a person whose
ordinary business was the selling of such aquatic resources; and
(B) were purchased in the ordinary course
of that business; or
(ii)
that the defendant did not take the aquatic resources in
contravention of this Act or a corresponding law; and
(b) that
the defendant did not know, and had no reason to believe, that the
aquatic resources were (as the case may be)—
(i)
aquatic resources taken in waters to which this Act
applies but not under an authority; or
(ii)
aquatic resources taken in contravention of this Act or a
corresponding law; or
(iii)
aquatic resources of a protected species; or
(iv)
aquatic resources of a prescribed class.
(6) In proceedings for
an offence against subsection (2) relating to aquatic resources of a
class prescribed for the purposes of that subsection, if it is proved—
(a) that
the defendant was not—
(i)
the holder of an authority authorising the taking of
aquatic resources of that class; or
(ii)
a registered fish processor; and
(b) that
the defendant sold or purchased or had possession or control of more than the
prescribed quantity of aquatic resources of that class,
the offence is proved unless the defendant establishes the defence under
subsection (5).