New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 123A

123A Records of possession of fish

(1) A person in possession of fish must produce a prescribed record concerning the possession of the fish when requested to do so by a fisheries officer if:

(a) the person is a fishing industry participant, or

(b) the quantity of fish in the person’s possession is equal to, or more than, a commercial quantity of fish.

Maximum penalty:

(a) in the case of an individual:

(i) 200 penalty units for a first offence, or

(ii) 400 penalty units for a second or subsequent offence, or

(b) in the case of a corporation:

(i) 1,000 penalty units for a first offence, or

(ii) 2,000 penalty units for a second or subsequent offence.

(2) It is a defence to a prosecution for an offence under this section in respect of a defendant who is not a fishing industry participant if the defendant proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.

(3) It is a defence to a prosecution for an offence under this section in respect of a defendant who is a fishing industry participant if:

(a) the defendant was in possession of less than a commercial quantity of fish, and

(b) the defendant proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.

(4) An offence under this section applies whether or not the fish were taken from waters to which this Act applies.

(5) This section does not apply:

(a) to the possession of fish on any premises, or part of premises, occupied solely for residential purposes, or

(b) to the possession of oysters.

(6) The regulations may provide that this section does not apply in respect of the possession of fish:

(a) if the fish are in possession in circumstances specified in the regulations, or

(b) if the quantity of fish in possession does not exceed a quantity specified by the regulations in respect of the fish or class of fish concerned, or

(c) in any other circumstances prescribed by the regulations.

(7) In this section:
"commercial quantity" of fish means the quantity prescribed by the regulations as the commercial quantity for the species of fish, or class of fish, concerned.
"fishing industry participant" means:

(a) the holder of a fishing authority (within the meaning of Part 9), or

(b) a person who carries on the business of selling or processing fish or fish products.