Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The general
penalty for contravention of section 43(3), 46, 47, 50(3) or 51(2)
is —
(a) for
a first offence against that section —
(i)
if the offence relates to category 1 fish, in the case of
an individual, to a fine not exceeding $5 000 or, in the case of a body
corporate, to a fine not exceeding $10 000;
(ii)
if the offence relates to category 2 fish, in the case of
an individual, to a fine not exceeding $3 000 or, in the case of a body
corporate, to a fine not exceeding $6 000;
(iii)
if the offence relates to category 3 fish, in the case of
an individual, to a fine not exceeding $2 000 or, in the case of a body
corporate, to a fine not exceeding $4 000; or
(iv)
in any other case, in the case of an individual, to a
fine not exceeding $1 000 or, in the case of a body corporate, to a fine
not exceeding $2 000;
and
(b) for
a second or subsequent offence against that section —
(i)
if the offence relates to category 1 fish, in the case of
an individual, to a fine not exceeding $10 000 or, in the case of a body
corporate, to a fine not exceeding $20 000;
(ii)
if the offence relates to category 2 fish, in the case of
an individual, to a fine not exceeding $6 000 or, in the case of a body
corporate, to a fine not exceeding $12 000;
(iii)
if the offence relates to category 3 fish, in the case of
an individual, to a fine not exceeding $4 000 or, in the case of a body
corporate, to a fine not exceeding $8 000; or
(iv)
in any other case, in the case of an individual, to a
fine not exceeding $2 000 or, in the case of a body corporate, to a fine
not exceeding $4 000.
(2) For the purposes
of subsection (1) —
(a) if
an offence relates to more than one category of fish, then the relevant
subparagraph that applies under subsection (1)(a) or (1)(b) is the
subparagraph with the higher penalty;
(b) if
it is not possible to determine the fish to which an offence relates, then
subsection (1)(a)(iv) or (1)(b)(iv) (as the case requires) applies.