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FISHERIES ACT 1995 - SECT 116 Sale of fish taken in contravention of this Act or corresponding law

FISHERIES ACT 1995 - SECT 116

Sale of fish taken in contravention of this Act or corresponding law

S. 116(1) amended by No. 35/2009 s. 68(1).

    (1)     A person must not possess or sell any fish taken or otherwise dealt with in contravention of this Act or a law of the Commonwealth or of another State or of a Territory that corresponds to this Act.

Penalty:     100 penalty units or imprisonment for 6 months or both.

S. 116(2) amended by No. 35/2009 s. 68(1).

    (2)     It is a defence in proceedings for an offence against subsection (1) if the person charged proves that at the time of the alleged offence the person did not know, and could not reasonably be expected to have known, that the fish had been taken or otherwise dealt with in contravention of this Act or a corresponding Act.

S. 116(2A) inserted by No. 40/2019 s. 27(1).

    (2A)     A person must not hide or conceal any fish taken or otherwise dealt with in contravention of this Act or a law of the Commonwealth or of another State or of a Territory that corresponds to this Act.

Penalty:     100 penalty units or imprisonment for 6 months or both.

S. 116(3) inserted by No. 35/2009 s. 68(2), amended by No. 40/2019 s. 27(2).

    (3)     In this section "otherwise dealt with" in relation to fish includes any of the following—

        (a)     the hatching, rearing, breeding, displaying or growing of fish;

        (b)     the stocking of fish into waters;

        (c)     the receiving or possession of fish;

        (d)     the transportation of fish;

        (e)     the processing of fish;

        (f)     the sale or any other form of disposal of fish.