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FISHERIES MANAGEMENT ACT 1991 - SECT 15 Prohibition against certain fishing

FISHERIES MANAGEMENT ACT 1991 - SECT 15

Prohibition against certain fishing

  (1)   A person must not (otherwise than in accordance with the terms of a scientific permit):

  (a)   in the AFZ, take black cod ( Epinephelus daemelii ); or

  (b)   in the AFZ, or in a part of the AFZ specified in the regulations, take prescribed fish.

Penalty:   125 penalty units.

  (2)   A person on an Australian boat must not, outside the AFZ, take a prescribed fish.

Penalty:   125 penalty units.

  (3)   It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that, upon becoming aware of the taking of the fish, he or she took steps immediately to return the fish to its natural environment.

  (4)   An offence under this section is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .