Fisheries Management Act 1994 No 38
Current version for 14 November 2014 to date (accessed 23 November 2014 at 21:55)

35   Possessing fish illegally taken

(1)  A person who is in possession of fish which were illegally taken 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)  It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the person could not reasonably have known that the fish had been illegally taken.
(3)  In this section:

illegally taken means taken in contravention of a provision of or made under:

(a)  this Act, or
(b)  a law of another State or Territory, or of the Commonwealth, relating to fisheries.

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