Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In the State and
in Western Australian waters, a person shall not carry out —
(a)
pearling except under a pearling licence or pearling permit; or
(b)
hatchery activities except under a hatchery licence or hatchery permit,
held by the person, or
by a principal or employer of the person.
(2) A person who
contravenes or who causes, permits or suffers another person to contravene
subsection (1) commits an offence, the penalty for which is —
(a)
$50 000; and
(b) in
every case, a further mandatory penalty of an amount that is twice the
wholesale value at the time of the offence of any pearl oysters, or pearl
oyster spat, the subject of the offence.
(3) It is a defence to
a charge of an offence under this section if the person charged proves
that at the time the offence occurred he or she —
(a) was
an agent or employee of a person who was in control of the pearling or
hatchery activities; and
(b)
believed on reasonable grounds that his or her principal or employer held the
relevant licence or permit.
[Section 7 amended by No. 78 of 1995
s. 103.]