Australian Capital Territory Consolidated Acts

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FISHERIES ACT 2000 - SECT 46

Commercial fishers, priority species licence holders and fish dealers to make records

    (1)     The holder of a commercial fishing licence must—

        (a)     make a record of all fish the holder takes or sells; and

        (b)     if a direction is in force under subsection (6) in relation to the record—make the record in accordance with the direction.

Maximum penalty: 10 penalty units.

    (2)     The holder of a priority species licence must—

        (a)     make a record of all fish of a priority species the holder receives or sells; and

        (b)     if a direction is in force under subsection (6) in relation to the record—make the record in accordance with the direction.

Maximum penalty: 50 penalty units.

    (3)     A fish dealer must—

        (a)     make a record of all fish the dealer receives, processes or sells; and

        (b)     if a direction is in force under subsection (6) in relation to the record—make the record in accordance with the direction.

Maximum penalty: 10 penalty units.

    (4)     Subsections (1), (2) and (3) apply whether or not—

        (a)     the fish were sold to a purchaser within the ACT; or

        (b)     the fish were taken from waters in the ACT.

    (5)     An offence against this section is a strict liability offence.

    (6)     The conservator may, in writing, give directions about how records under subsection (1), (2) or (3) must be made.

    (7)     An instrument under subsection (6) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.



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