Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 44

Offences relating to recreational fishing

44. Offences relating to recreational fishing







(1) A person must not-

   (a)  take or attempt to take fish from marine waters or inland waters; or

   (b)  use or possess recreational fishing equipment in, on or next to
        Victorian waters-

unless he or she is authorised to do so by a recreational fishery licence or
is otherwise authorised under this Act. Penalty: If the offence involves the
use of a recreational hoop net: 10 penalty units. In any other case: 5 penalty
units.

(2) A person must comply with subsection (3) if the person claims to be the
holder of a recreational fishery licence and the person-

   (a)  takes or attempts to take fish from marine waters or inland waters; or

   (b)  uses or possesses recreational fishing equipment in, on or next to
        Victorian waters.

Penalty: 5 penalty units.





(3) An authorised officer or member of the police force may require a person
to whom subsection (2) applies-

   (a)  to produce the licence for inspection on demand immediately; or

   (b)  if the person does not have the licence in his or her possession, to
        produce the licence at a time within 7 days of the demand at a place
        stipulated by the authorised officer or member of the police force.

(4) If an authorised officer or a member of the police force directs a person
to whom subsection (2) applies to produce a licence at a subsequent time and
place, it is a sufficient compliance with the direction if the person sends by
post to the authorised officer or member within 7 days after first returning
to his or her place of residence after the demand is made-

   (a)  the licence and a stamped addressed envelope for the return of the
        licence; or

   (b)  a copy of the licence certified to be a true copy by a person
        specified in section 107A of the Evidence Act 1958.

(5) The statement on oath of an authorised officer or a member of the police
force that the holder of a licence failed to produce on demand on a specified
day the licence and, having been directed to produce the licence to the
authorised officer or member within 7 days thereafter, failed to produce the
licence or to send by post the licence or a certified copy of the licence, is
evidence until the contrary is proven, that the person was not the holder of a
recreational fishery licence under the Act on that specified day.