New South Wales Consolidated Acts

FISHERIES MANAGEMENT ACT 1994 - SECT 37A

37A Defence-permits authorising sale of fish for charitable purposes

(1) The Minister may issue to a person or body a permit that authorises the sale of fish, by auction, for a charitable purpose.

(2) Any such permit may also authorise a person, or any class of persons specified in the permit, to take and possess fish, in connection with the sale of the fish by auction, by any method or by any specified method, from any waters or any specified waters or in any other specified way, despite any provision of or made under this Act to the contrary.

(3) A person who takes fish, or is in possession of fish, in connection with a sale authorised by a permit issued under this Part, and in accordance with the authority granted by the permit, is not considered to be taking that fish, or in possession of that fish, for sale.

(4) It is a defence to a prosecution for an offence against this Act or the regulations if the person charged satisfies the court that the act or omission constituting the offence was authorised by a permit issued under this section.

(5) A permit under this section:

(a) is subject to such conditions as are prescribed by the regulations or specified in the permit, and

(b) remains in force for the period specified in the permit, and

(c) may be cancelled or suspended by the Minister at any time by notice given to the permit holder.

(6) The Minister may from time to time, by notice given to the permit holder, vary the conditions of a permit under this section.

(7) The regulations may make provision for or with respect to permits under this section. In particular, the regulations may prescribe the fee payable for the issue of a permit.

(8) The power to issue permits under this section is limited by section 220ZW (Licence to harm threatened species, population or ecological community or damage habitat).

(9) In this section:
"charitable purpose" includes any benevolent, philanthropic or patriotic purpose.