Tasmanian Numbered Regulations

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FISHERIES (PENALTIES) AMENDMENT REGULATIONS 2015 (S.R. 2015, NO. 102) - REG 4

Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:
(a) by omitting " Fisheries (Scalefish) Rules 2004 " from the definition of fish trap and substituting " Fisheries (Scalefish) Rules 2015 " ;
(b) by omitting " Fisheries (Giant Crab) Rules 2006 " from the definition of giant crab and substituting " Fisheries (Giant Crab) Rules 2013 " ;
(c) by omitting " Fisheries (Rock Lobster) Rules 2006 " from the definition of rock lobster and substituting " Fisheries (Rock Lobster) Rules 2011 " ;
(d) by omitting " Fisheries (Rock Lobster) Rules 2006 " from the definition of rock lobster pot and substituting " Fisheries (Rock Lobster) Rules 2011 " ;
(e) by omitting " Fisheries (Rock Lobster) Rules 2006 " from the definition of rock lobster ring and substituting " Fisheries (Rock Lobster) Rules 2011 " ;
(f) by omitting the definition of second offence and substituting the following definition:
second offence means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of one offence under the same or a different –
(a) fisheries regulation; or
(b) fisheries rule; or
(c) section of the Act;
(g) by omitting " Schedule 1 to the Fisheries (Scalefish) Rules 2004 " from the definition of shark and substituting "Schedule 1 to the Fisheries (Scalefish) Rules 2015 " ;
(h) by omitting the definition of third or subsequent offence and substituting the following definition:
third or subsequent offence means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of 2 or more offences under the same or different –
(a) fisheries regulations; or
(b) fisheries rules; or
(c) sections of the Act.

Displayed and numbered in accordance with the Rules Publication Act 1953 .

Notified in the Gazette on 24 December 2015

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Fisheries (Penalties) Regulations 2011 by –
(a) updating certain legislative references; and
(b) clarifying that an offence under the Living Marine Resources Management Act 1995 may be taken into account in determining a second offence , or a third offence , in relation to a fisheries regulation or fisheries rule.


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