Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 116

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

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



(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.

(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.

(3) In this section otherwise dealt with in relation to fish means 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.