16   Prohibited size fish

(1)  A person who has prohibited size fish in the person’s possession is guilty of an offence.

Maximum penalty:

(a)  in the case of an individual:

(i)  200 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii)  400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

(b)  in the case of a corporation:

(i)  1,000 penalty units for a first offence, or

(ii)  2,000 penalty units for a second or subsequent offence.

(2)  A person who has prohibited size fish in the person’s possession, in circumstances of aggravation, is guilty of an offence.

Maximum penalty:

(a)  in the case of an individual:

(i)  400 penalty units or imprisonment for 12 months (or both) for a first offence, or

(ii)  800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

(b)  in the case of a corporation:

(i)  2,000 penalty units for a first offence, or

(ii)  4,000 penalty units for a second or subsequent offence.

(3)  A person who sells prohibited size fish is guilty of an offence.

Maximum penalty:

(a)  in the case of an individual:

(i)  200 penalty units or imprisonment for 6 months (or both) for a first offence, or

(ii)  400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or

(b)  in the case of a corporation:

(i)  1,000 penalty units for a first offence, or

(ii)  2,000 penalty units for a second or subsequent offence.

(4)  A person who sells prohibited size fish, in circumstances of aggravation, is guilty of an offence.

Maximum penalty:

(a)  in the case of an individual:

(i)  400 penalty units or imprisonment for 12 months (or both) for a first offence, or

(ii)  800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or

(b)  in the case of a corporation:

(i)  2,000 penalty units for a first offence, or

(ii)  4,000 penalty units for a second or subsequent offence.

(5)  For the purposes of subsections (2) and (4), a person has possession of prohibited size fish, or sells prohibited size fish, in circumstances of aggravation if:

(a)  the prohibited size fish in possession or sold by the person are a priority species of fish, and

(b)  the quantity of prohibited size fish in possession or sold by the person is a commercial quantity of that species of fish.