FISHERIES AMENDMENT ACT 2006 No. 28 - SECT 31 31 Replacement of s 77 (Closed season and closed waters offences)
FISHERIES AMENDMENT ACT 2006 No. 28 - SECT 31
31 Replacement of s 77 (Closed season and closed waters offences)Section 77--
omit, insert--
'(1) A person to whom a regulated fishing apparatus declaration or regulated fishing method declaration applies must comply with the declaration.
Maximum penalty--300 penalty units.
'(2) A person to whom a regulated waters declaration applies must comply with the declaration.
Maximum penalty--1000 penalty units.
'(1) Section 77(1) does not apply to the sale, purchase, use or possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is used or to be used--
(a) in sporting activities, other than fishing; or
Examples--
indoor cricket and school sports, other than fishing
(b) to protect trees or collect fruit from trees; or
(c) for display or decorative purposes; or
Examples--
for use in shopfitting or as part of a restaurant's decor
(d) for other purposes prescribed under a regulation or management plan.
'(2) Section 77(1) does not apply to the possession of fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is stowed and secured on a boat lawfully passing through waters.
'(3) Section 77(1) does not apply to the possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the person possessing the apparatus--
(a) is a genuine maker, dealer in or repairer of fishing apparatus; or
(b) is a person acting for a person mentioned in paragraph (a); or
(c) is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus.'.