Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 53

Offence to fail to comply with licence or permit conditions

53. Offence to fail to comply with licence or permit conditions



(1) The holder of a fishery licence or a permit must comply with any condition
to which the licence or permit is subject.

Penalty:

   (a)  if the offence involves a priority species or the breach of a
        designated licence condition: 100 penalty units or 6 months
        imprisonment or both;

   (b)  if the offence is committed by the holder of a recreational fishery
        licence and paragraph (a) does not apply: 5 penalty units;

   (c)  in any other case: 50 penalty units.

(2) For the purposes of subsection (1), if a person who does any thing on
behalf of the holder of a fishery licence or a permit does not comply with any
condition to which the licence or permit is subject in doing that thing, the
holder of the licence or permit is deemed to have failed to comply with that
condition.

(3) Subsection (2) does not apply if the holder of the licence or permit can
prove-



   (a)  that, at the time the offence was committed, there was in force a
        written agreement between him or her and the person under which the
        person agreed to comply with all relevant conditions to which the
        licence or permit was subject and all other relevant requirements of
        this Act and the regulations; and

   (b)  that he or she did everything else that was reasonably practicable to
        ensure that the person would comply with the condition; and

   (c)  that he or she did not in any way aid, abet, counsel or procure the
        person to fail to comply with the condition.

(4) A person who does any thing on behalf of the holder of a licence or a
permit must comply with any condition to which the licence or permit is
subject in doing that thing.

Penalty:

   (a)  if the offence involves a priority species or the breach of a
        designated licence condition: 100 penalty units or 6 months
        imprisonment or both;

   (b)  in any other case: 50 penalty units.

Note If a person is convicted under subsection (4), section 128A enables the
court to prohibit the person convicted from acting on behalf of certain
classes of licence holders in certain cases.