Western Australian Current Regulations Western Australian Current Regulations (1) It is a defence in
proceedings for an offence against section 50(3) of the Act —
(a) for
the person charged to prove that the person was acting in accordance with an
authority to fish for fish for scientific purposes issued under
regulation 178; or
(b)
where the person is charged with bringing onto land on any one day more fish
than the bag limit of those fish, for the person to prove that he or
she —
(i)
was in possession of the fish in accordance with
regulation 16D(1) Table items 1, 2 and 4; and
(ii)
was bringing those fish onto land;
or
(c) for
a person charged with bringing onto land on any one day more fish than the bag
limit of those fish to prove that regulation 16E(3A) or (3B) applied in
respect of the fish immediately before the fish were brought onto land; or
(d) for
the person charged with taking, or bringing onto land, on any one day more
fish than the bag limit of those fish to prove that —
(i)
the person was fishing from a boat; and
(ii)
at the time the fish were taken, or brought onto land,
the person was acting in accordance with 1 of the following authorities
to fish for the fish —
(I) a recreational fishing licence granted
under regulation 124;
(II) a recreational
(boat) fishing licence granted under regulation 124C;
and
(iii)
the quantity of fish taken, or brought onto land, using
the boat did not exceed the combined bag limit for the boat in relation to the
fish calculated under subregulation (2).
(2) For the purposes
of subregulation (1)(d)(iii), the combined bag limit for a boat in
relation to a fish is calculated by multiplying the bag limit for the fish by
the number of persons who on the day —
(a) are
fishing from the boat; and
(b) hold
a recreational fishing licence or recreational (boat) fishing licence
authorising the persons to fish for the fish.
[Regulation 64W inserted: Gazette
1 Oct 2003 p. 4319; amended: Gazette 4 Nov 2005
p. 5311‑12; 1 Mar 2011 p. 671; 4 Oct 2019
p. 3537‑8; SL 2021/118 r. 21.]