Victorian Current Acts

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FISHERIES ACT 1995 - SECT 130AA

Court may prohibit persons from recreational fishing

    (1)     If a court convicts or finds a person guilty of an offence against this Act, the court, in addition to any other penalty imposed under this Act, may by order prohibit the person from engaging in recreational fishing.

    (2)     If a person is prohibited from recreational fishing under this section—

        (a)     the person must not take or attempt to take fish from marine waters or inland waters; and

        (b)     the person must not use or possess recreational fishing equipment in, on or next to Victorian waters; and

        (c)     if the person is required to hold a recreational fishery licence to engage in the activities set out in paragraphs (a) and (b)—

              (i)     the person's recreational fishery licence is suspended; and

Note to s. 130AA
(2)(c)(i) amended by No. 68/2016 s. 175.

Note

Under section 58A the holder of a licence suspended under this Act must return the licence to the Victorian Fisheries Authority within 14 days after the suspension takes effect. There is a penalty of 10 penalty units for non‑compliance.

              (ii)     the person is disqualified from holding a recreational fishery licence.

    (3)     An order under this section has effect for the period specified in the order, which must not exceed 12 months.

    (4)     A person must comply with an order under this section.

Penalty:     100 penalty units or 6 months imprisonment or both.

    (5)     Subsection (4) does not apply in relation to the prohibitions under subsection (2)(a) or (2)(b) if the person is acting in accordance with a fishery licence (other than a recreational fishery licence) or a permit.

S. 130A inserted by No. 80/2000 s. 14.



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