Australian Capital Territory Consolidated Acts

FISHERIES ACT 2000 - SECT 87

    (1)     A person commits an offence if—

        (a)     the person is not the holder of a commercial fishing licence; and

        (b)     the person uses commercial fishing gear in or beside public waters.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is not the holder of a commercial fishing licence; and

        (b)     the person is in possession of commercial fishing gear in or beside public waters.

Maximum penalty: 30 penalty units.

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

    (4)     For this section, a person is taken to use or be in possession of commercial fishing gear if, but only if, the person uses or is in possession of—

        (a)     a number of lines more than the number determined by the Minister in writing; or

        (b)     a number of nets more than the number determined by the Minister in writing; or

        (c)     a net larger than the size determined by the Minister in writing; or

        (d)     other equipment determined by the Minister in writing.

    (5)     A determination under subsection (4) is a disallowable instrument.

Note     A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.