FISHERIES ACT 1995 - SECT 66 Offences in relation to individual quota

FISHERIES ACT 1995 - SECT 66

S. 66(1) amended by No. 35/2019 s. 8(4).

    (1)     During any specified quota period, the holder of an access licence must not take any fish in excess of the permitted amount.

Penalty:    

        (a)     For a first offence, 50 penalty units and the forfeiture of whichever is the greater of one individual quota unit or the number of individual quota units equivalent to the quantity of excess fish taken.

        (b)     For a second offence, 100 penalty units and the forfeiture of whichever is the greater of 3 individual quota units or the number of individual quota units equivalent to double the quantity of excess fish taken.

        (c)     For a third offence, 150 penalty units and the cancellation of any entitlement in respect of the access licence to be allocated an individual quota in the next full quota period after the conviction.

        (d)     For a subsequent offence, 200 penalty units or 12 months imprisonment or both, and the cancellation of the access licence.

S. 66(2) amended by No. 108/2003 s. 38(1).

    (2)     For the purposes of subsection (1), "permitted amount" means the amount of fish a person is permitted to take under an access licence by virtue of the number of individual quota units that he or she holds under this Act in respect of the licence together with any other amount of excess or carry over that the person is permitted to take under a relevant quota order.

    (3)     For the purposes of subsection (1)(c), a quota period is a full quota period even if it is shortened in any way by a quota order made during the quota period.

S. 66(4) amended by No. 68/2016 s. 82(1).

    (4)     Individual quota units that are forfeited under subsection (1) may be allocated by the Victorian Fisheries Authority to one or more holders of access licences in the same specified zone in accordance with the regulations.

S. 66(5) repealed by No. 108/2003 s. 38(2).

    *     *     *     *     *

    (6)     If the number of individual quota units not yet taken by the holder in the quota period in which the conviction occurs is less than the number forfeited under paragraph (a) or (b) of the penalty under subsection (1), the balance of the forfeited number of quota units is forfeited in the next quota period.

    (7)     For the purposes of subsection (6), any differences in the quantity of fish that comprise an individual quota unit in different periods are to be disregarded.

    (8)     For the purposes of paragraphs (a) and (b) of the penalty under subsection (1), if a quantity of fish does not equate exactly to a number of individual quota units, the excess is deemed to be an individual quota unit.

    (9)     If a person who is acting on behalf of the holder of an access licence exceeds the permitted amount for the licence—

        (a)     he or she is liable to the relevant fines or imprisonment specified in subsection (1); and

        (b)     the relevant forfeiture applies to the licence.

S. 66(10) amended by No. 68/2016 s. 82(2).

    (10)     The Victorian Fisheries Authority must issue a new quota notice for an access licence as soon as is practicable after any individual quota units in respect of the licence are forfeited under this section.

    (11)     If an individual quota no longer applies to a licence in a quota period, the quota notice required by subsection (10) must state that fact.

S. 66A inserted by No. 17/2002 s. 9.