New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 16

16 Prohibited size fish

(1) A person who has prohibited size fish in the person’s possession 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 has prohibited size fish in the person’s possession, in circumstances of aggravation, is guilty of an offence.

Maximum penalty:

(a) in the case of an individual:

(i) 400 penalty units or imprisonment for 12 months (or both) for a first offence, or

(ii) 800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation:

(i) 2,000 penalty units for a first offence, or

(ii) 4,000 penalty units for a second or subsequent offence.

(3) A person who sells prohibited size fish 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.

(4) A person who sells prohibited size fish, in circumstances of aggravation, is guilty of an offence.

Maximum penalty:

(a) in the case of an individual:

(i) 400 penalty units or imprisonment for 12 months (or both) for a first offence, or

(ii) 800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

(b) in the case of a corporation:

(i) 2,000 penalty units for a first offence, or

(ii) 4,000 penalty units for a second or subsequent offence.

(5) For the purposes of subsections (2) and (4), a person has possession of prohibited size fish, or sells prohibited size fish, in "circumstances of aggravation" if:

(a) the prohibited size fish in possession or sold by the person are a priority species of fish, and

(b) the quantity of prohibited size fish in possession or sold by the person is a commercial quantity of that species of fish.