Victorian Consolidated Legislation

Fisheries Act 1995 - SECT 66

Offences in relation to individual quota

66. Offences in relation to individual quota



(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 1 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.

(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.

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



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(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.

(10) The Secretary 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.