Australian Capital Territory Numbered Acts

FISHERIES LEGISLATION AMENDMENT ACT 2019 (NO. 27 OF 2019) - SECT 32

substitute

76A     Trafficking in commercial quantity of fish of priority species

    (1)     A person commits an offence if the person—

        (a)     traffics in a commercial quantity of fish of a priority species; and

        (b)     does not hold a licence authorising the trafficking.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

    (2)     This section does not apply if—

        (a)     the person receives or processes the fish for personal or domestic consumption; and

        (b)     the fish was received from a licensed supplier.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

76B     Taking commercial quantity of fish of priority species

A person commits an offence if the person—

        (a)     takes a commercial quantity of fish of a priority species; and

        (b)     does not hold a licence authorising the taking.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

76C     Possessing commercial quantity of fish of priority species

    (1)     A person commits an offence if the person—

        (a)     possesses a commercial quantity of fish of a priority species; and

        (b)     does not hold a licence authorising the possession.

Maximum penalty: 1 000 penalty units, imprisonment for 10 years or both.

    (2)     This section does not apply if—

        (a)     the person received the fish for personal or domestic consumption; and

        (b)     the fish was received from a licensed supplier.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).