Victorian Current Acts Victorian Current ActsS. 66M(1) amended by No. 35/2019 s. 8(6).
(1) During any specified quota period, the holder of an Abalone Fishery Access Licence or a person who is acting on behalf of a holder of an Abalone Fishery Access Licence in the relevant zone must not take any fish in excess of the specified amount.
Penalty:
(a) For a first offence, 50 penalty units and the forfeiture of whichever is the greater of one individual abalone quota unit or the number of individual abalone quota units equivalent to the quantity of excess fish taken.
(b) For a second offence, 100 penalty units and the forfeiture of whichever is the greater of 3 individual abalone quota units or the number of individual abalone quota units equivalent to double the quantity of excess fish taken.
(c) For a third offence, 150 penalty units and the cancellation of any entitlement of the holder of the Abalone Fishery Access Licence to hold an individual abalone quota unit in the next full quota period after the conviction.
(d) For a subsequent offence, 200 penalty units or 12 months imprisonment or both, and the cancellation of the Abalone Fishery Access Licence.
(2) For the purposes of subsection (1), "specified amount" means the amount of fish in kilograms permitted to be taken under the individual abalone quota units specified on the Abalone Fishery Access Licence.
(3) For the purposes of paragraph (c) of the penalty at the foot of subsection (1), a quota period is a full quota period even if it is shortened in any way by a quota order made during the quota period.
(4) If the number of individual abalone quota units not yet taken by the holder in the quota period in which the conviction occurs is less than the number forfeited under paragraph (a) or (b) of the penalty at the foot of subsection (1), the balance of the forfeited number of abalone quota units is forfeited in the next quota period.
(5) For the purposes of subsection (4), any differences in the quantity of fish that comprise an individual quota unit in different periods are to be disregarded.
(6) For the purposes of paragraphs (a) and (b) of the penalty at the foot of subsection (1), if a quantity of fish does not equate exactly to a number of individual abalone quota units, the excess is deemed to be an individual abalone quota unit.
(7) If a person who is acting on behalf of the holder of an Abalone Fishery Access Licence exceeds the specified amount for the Abalone Fishery Access Licence—
(a) he or she is liable to the relevant fines or imprisonment specified in subsection (1); and
(b) the relevant forfeiture applies to the Abalone Fishery Access Licence.
S. 66N inserted by No. 58/2005 s. 7.