Australian Capital Territory Consolidated Acts

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FISHERIES ACT 2000 - SECT 81

Prohibited size and weight offences

    (1)     A person commits an offence if—

        (a)     the person takes a fish from public waters; and

        (b)     the fish is of size or weight that is prohibited under a declaration under section 15 (Declaration of fish of prohibited size and weight).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     Subsection (1) does not apply if—

        (a)     except for taking the fish, the person's conduct does not contravene this Act; and

        (b)     the person immediately returns the fish to the waters from which it was taken with the least possible injury.

    (3)     A person commits an offence if the person possesses a fish that—

        (a)     was taken from public waters; and

        (b)     is of size or weight that is prohibited under a declaration under section 15.

Maximum penalty: 30 penalty units.

    (4)     An offence against subsection (3) is a strict liability offence.



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