Australian Capital Territory Consolidated Acts

FISHERIES ACT 2000 - SECT 28

    (1)     In deciding whether to issue an import and export licence, the conservator must consider—

        (a)     whether the applicant has been convicted, or found guilty, of an offence against this Act, the Nature Conservation Act 1980 , part 4, or a law of a State corresponding to this Act or that part; and

        (b)     if the licence is to authorise the applicant to import fish—

              (i)     the qualifications and experience of the applicant in relation to handling and keeping fish; and

              (ii)     the suitability of the place where the applicant intends to keep fish; and

              (iii)     the suitability of the applicant's facilities for keeping fish; and

              (iv)     the likelihood that the fish could be a threat to fish in waters of the ACT or be otherwise harmful; and

        (c)     if the licence is to authorise the applicant to export fish—the extent to which export of the fish under the licence may affect the viability of any fish species in the ACT; and

        (d)     whether fish that may be imported or exported under the licence are subject to a declaration under the Nature Conservation Act 1980 , section 33, section 34 or section 38; and

        (e)     how fish to be imported or exported under the licence would be transported.

    (2)     Subsection (1) does not limit the matters the conservator may consider in deciding whether to issue an import and export licence.