(1)  The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 3 penalty is as follows:

(a) for a level 1 offence –

(i) a fine of not less than one penalty unit and not more than 5 penalty units, for a first offence; or

(ii) a fine of not less than 2 penalty units and not more than 100 penalty units, for a second offence; or

(iii) a fine of not less than 5 penalty units and not more than 200 penalty units or a term of imprisonment not exceeding 6 months, or both, for a third or subsequent offence;

(b) for a level 2 offence –

(i) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or

(ii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or

(iii) a fine of not less than 10 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence;

(c) for any other offence –

(i) a fine of not less than one penalty unit and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or

(ii) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or

(iii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence.

(2)  A reference in any fisheries regulation or fisheries rule to a fine not exceeding the applicable Grade 3 penalty includes a reference to a term of imprisonment as specified in that penalty.

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

Notified in the Gazette on 2 March 2011

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 –

(a) specify the quantum of Grade 1 penalties, Grade 2 penalties and Grade 3 penalties for offences against regulations and rules under the Living Marine Resources Management Act 1995 providing for such penalties; and

(b) are made consequentially on the repeal of the Fisheries Penalties Regulations 2001 under section 11 of the Subordinate Legislation Act 1992 .