New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 14

14 Offences relating to closures

(1) A person who takes fish in contravention of a fishing closure is guilty of an offence.

Maximum penalty:

(a) in the case of an individual:

(i) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii) 400 penalty units or imprisonment for 12 months (or both) 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) A person who is in possession of fish taken in contravention of a fishing closure is guilty of an offence.

Maximum penalty:

(a) in the case of an individual:

(i) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii) 400 penalty units or imprisonment for 12 months (or both) 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.

(3) It is a defence to a prosecution for an offence under subsection (2) if the person charged satisfies the court that the person did not know and could not reasonably have known that the fish had been taken in contravention of a provision of or made under this Act.