New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 25

25 Possession of illegal fishing gear

(1) A person who is in possession of any fishing gear in, on or adjacent to any waters is guilty of an offence if:

(a) the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under this Act, or

(b) the taking of fish from those waters is, at that time, prohibited by or under this Act.

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 on board a boat is taken to be in possession of any fishing gear found in the boat.

(3) It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the fishing gear was being transported, in accordance with the written authority of a fisheries officer, to waters where the person could lawfully take fish with that gear.

(4) It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the fishing gear was in his or her possession for a lawful purpose (including any purpose prescribed as lawful by the regulations).