Western Australian Consolidated Acts

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FISH RESOURCES MANAGEMENT ACT 1994 - SECT 51

51 .         Possession limits — possession of fish

        (1)         The regulations may specify the maximum quantity of fish of a specified class that a person may have in possession in specified circumstances (the possession limit ).

        (2)         A person must not have in the person’s possession in any such circumstances more than the possession limit of those fish.

        Penalty: As provided in sections 52 and 222.

        (3)         Subsection (2) applies irrespective of the period over which the fish were taken.

        (4)         It is a defence in proceedings for an offence against subsection (2) for the person charged to prove that —

            (a)         the fish were taken for a commercial purpose by a person in accordance with an authorisation;

            (b)         the fish were kept, bred, hatched or cultured by the person in accordance with an aquaculture licence; or

            (c)         the person has any other defence prescribed in the regulations.

        (5)         The regulations may specify different possession limits for different areas of the State or different classes of persons.

        (6)         This section does not authorise the possession of fish in contravention of any other provision of this Act.



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