Victorian Current Acts

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FISHERIES ACT 1995 - SECT 11

Application of this Act

    (1)     This Act applies to any fish, fishing bait, protected aquatic biota or noxious aquatic species in Victoria, regardless of its origin.

    (2)     However, a person does not commit any offence under this Act by possessing or controlling any fish, fishing bait or protected aquatic biota that appears to be possessed or controlled, or to have been taken, contrary to this Act if he or she can prove that the fish, fishing bait or protected aquatic biota

        (a)     was not taken in Victoria; and

        (b)     was taken in accordance with the law of the place where the fish, fishing bait or protected aquatic biota was taken.

    (3)     Subsection (2) does not absolve a person from complying with this Act with respect to any fish, fishing bait or protected aquatic biota that subsection (2) permits him or her to possess.

    (4)     A person does not commit any offence under this Act by unintentionally taking or possessing a fish or fishing bait (other than a fish or fishing bait of a noxious aquatic species) or protected aquatic biota if—

        (a)     the fish, fishing bait or protected aquatic biota is not killed or put into any container; and

        (b)     all reasonable steps are immediately taken to return the fish, fishing bait or protected aquatic biota to its natural habitat with the least possible injury or damage.

S. 11AA inserted by No. 67/2016 s. 29.



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