{"id":"a-2000-38","name":"Fisheries Act 2000","slug":"fisheries-act-2000","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"38 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23583,"registerId":"act-a-2000-38-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications 113","content":"5 Earlier republications 113\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Expired transitional or validating provisions 115","content":"6 Expired transitional or validating provisions 115\n\nAn Act about the management of fisheries\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Fisheries Act 2000.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects","content":"3 Objects\n(1) The objects of this Act are—\n(a) to conserve native fish species and their habitats; and\n(b) to manage sustainably the fisheries of the ACT by applying the\nprinciples of ecologically sustainable development; and\n(c) to provide high quality and viable recreational fishing; and\n(d) to cooperate with other Australian jurisdictions in sustaining\nfisheries and protecting native fish species.\necologically sustainable development—see the Nature Conservation\nAct 2014, section 6 (4).\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Dictionary","content":"4 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary defines certain terms, and includes references (signpost\ndefinitions) to other terms defined elsewhere.\nFor example, the signpost definition ‘fishing closure—see section 13.’\nmeans the term ‘fishing closure’ is defined in section 13.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n\nPreliminary Part 1\n","sortOrder":4},{"sectionNumber":"4A","sectionType":"section","heading":"Notes","content":"4A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":5},{"sectionNumber":"4B","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4B Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n5 Meaning of fisheries management plan\nfisheries management plan—\n(a) means a plan for the ACT detailing how fish and fisheries may\nbe appropriately managed; and\n1 conservation of fish in certain areas\n2 stocking fish into waters\n(b) includes anything required to be included by a conservator\nguideline; and\n(c) may apply, adopt or incorporate an instrument as in force from\ntime to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time,\nis taken to be a notifiable instrument if the operation of the\nLegislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).\n6 Preparation and public consultation\n(1) The conservator may prepare a draft fisheries management plan.\n(2) If the conservator prepares a draft fisheries management plan, the\nconservator must also prepare a notice about the draft fisheries\nmanagement plan (a public consultation notice).\n(3) A public consultation notice must—\n(a) state that—\n(i) anyone may give a written submission to the conservator\nabout the draft fisheries management plan; and\n\n(ii) submissions may be given to the conservator only during\nthe period starting on the day the public consultation notice\nis notified under the Legislation Act and ending on a stated\nday, being a day at least 6 weeks after the day it is notified\n(the public consultation period); and\n(b) include the draft fisheries management plan.\n(4) A public consultation notice is a notifiable instrument.\n(5) If the conservator notifies a public consultation notice for a draft\nfisheries management plan—\n(a) anyone may give a written submission to the conservator about\nthe draft fisheries management plan; and\n(b) the submission may be given to the conservator only during the\npublic consultation period; and\n(c) the person making the submission may, in writing, withdraw the\nsubmission at any time.\n(6) At the end of the public consultation period, the conservator must—\n(a) consider any submissions received during the consultation\nperiod; and\n(b) make any revision to the draft fisheries management plan that\nthe conservator considers appropriate; and\n(c) state in the draft fisheries management plan a date on which the\nplan will be reviewed.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Approval of plan","content":"7 Approval of plan\n(1) If the conservator has prepared a fisheries management plan under\nsection 6, the conservator—\n(a) if the plan involves a significant activity—must give the plan to\nthe Minister for approval; or\n(b) in any other case—may approve the plan.\n\n(2) A fisheries management plan approved by the conservator is a\ndisallowable instrument.\nNote Minor amendments may be made to the plan under s 10.\nsignificant activity, for a fisheries management plan, means—\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Minister to approve plan","content":"8 Minister to approve plan\n(1) If the conservator gives a fisheries management plan to the Minister\nfor approval, the Minister must—\n(a) approve the plan; or\n(b) direct the conservator to revise the plan under section 9.\n(2) A fisheries management plan approved by the Minister is a\ndisallowable instrument.\nNote Minor amendments may be made to the plan under s 10.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Minister’s direction to revise plan","content":"9 Minister’s direction to revise plan\n(1) This section applies if the conservator gives a fisheries management\nplan to the Minister for approval under section 8 or review under\nsection 11.\n(2) The Minister may direct the conservator to take 1 or more of the\nfollowing actions in relation to the plan:\n(a) carry out further stated consultation;\n(b) consider a relevant report;\n(c) revise the plan in a stated way.\n\n(3) The conservator must—\n(a) give effect to the direction; and\n(b) resubmit the fisheries management plan to the Minister for\napproval.\n(4) Section 8 applies to a fisheries management plan resubmitted by the\nconservator.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Minor amendments to plan","content":"10 Minor amendments to plan\n(a) a fisheries management plan is in force (the existing plan); and\n(b) the conservator considers that minor amendments to the existing\nplan are appropriate.\n(2) The conservator—\n(a) may prepare an amended fisheries management plan,\nincorporating the minor amendments; and\n(b) need not comply with section 7 (1) (a); and\n(c) may make the fisheries management plan, as amended.\nNote A fisheries management plan approved by the conservator is a\ndisallowable instrument (see s 7 (2)).\nminor amendment, of a fisheries management plan, means an\namendment that will improve the effectiveness or technical efficiency\nof the plan without changing the substance of the plan.\n1 minor correction to improve effectiveness\n2 omission of something redundant\n3 technical adjustment to improve efficiency\n\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Review of plan","content":"11 Review of plan\n(1) The conservator must review a fisheries management plan—\n(a) on the date stated in the plan; or\n(b) at request of the Minister.\n(2) If the fisheries management plan involves a significant activity, the\nconservator must prepare a notice about the review (a public\nconsultation notice).\n(3) A public consultation notice must state—\n(a) that the conservator is reviewing the fisheries management plan;\nand\n(b) that anyone may give a written submission to the conservator\nabout the fisheries management plan; and\n(c) that submissions must be given to the conservator only during\nthe period starting on the day the public consultation notice is\nnotified under the Legislation Act and ending on a stated day,\nbeing a day at least 6 weeks after the day it is notified (the public\nconsultation period); and\n(d) where the fisheries management plan is available for inspection.\n(4) A public consultation notice is a notifiable instrument.\n(5) If the conservator notifies a public consultation notice about the\nreview of the fisheries management plan—\n(a) anyone may give a written submission to the conservator about\nthe plan; and\n(b) the submission may be given to the conservator only during the\npublic consultation period; and\n(c) the person making the submission may, in writing, withdraw the\nsubmission at any time.\n\n(6) At the end of the review, the conservator—\n(a) may make minor amendments to the plan; or\n(b) may prepare a new fisheries management plan; or\n(c) if the conservator reasonably believes the plan is no longer\nneeded—\n(i) if the plan involves a significant activity—must give the\nplan to the Minister for review; or\n(ii) in any other case—may revoke the plan.\n(7) If the conservator gives a plan to the Minister under subsection (6),\nthe Minister may direct the conservator to revise the plan under\nsection 9.\n","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Fisheries management plan—conservator to implement","content":"12 Fisheries management plan—conservator to implement\nIf a fisheries management plan is in force, the conservator must—\n(a) take reasonable steps to implement the plan; and\n(b) consider the plan when making decisions under this Act.\n\n","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Fishing closures and","content":"Part 3 Fishing closures and\ndeclarations\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Fishing closures","content":"13 Fishing closures\n(1) The conservator may prohibit the taking of fish from, or the\nintroduction of fish into, public waters for a stated period (a fishing\nclosure).\n(2) A fishing closure is a disallowable instrument.\n(3) If the conservator reasonably believes that a fishing closure is\nrequired urgently, the conservator may commence the fishing closure\non a day or at a time earlier than its notification day.\nExamples—when fishing closure required urgently\n1 to contain an outbreak of disease\n2 to protect a species of fish that has been significantly impacted by unusual\nenvironmental conditions in certain waters\n(4) If a fishing closure commences on a day or at a time earlier than its\nnotification day, the conservator must—\n(a) give additional public notice about the closure; and\n(b) display a notice about the closure in a conspicuous place at or\nnear the public waters.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1). The\nrequirement in s (4) is in addition to the requirement for notification on\nthe legislation register as a disallowable instrument.\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Declaration of noxious fish","content":"14 Declaration of noxious fish\n(1) The Minister may declare a species of fish to be noxious.\n\nFishing closures and declarations Part 3\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Declaration of fish of prohibited size or weight","content":"15 Declaration of fish of prohibited size or weight\n(1) The Minister may declare that fish of stated sizes or weights are fish\nof prohibited sizes or weights.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Declaration of fish quantity","content":"16 Declaration of fish quantity\n(1) The Minister may declare the quantity of a species of fish that a\nperson may take in a day.\n","sortOrder":17},{"sectionNumber":"16A","sectionType":"section","heading":"Declaration of possession limit","content":"16A Declaration of possession limit\n(1) The Minister may declare the maximum amount of a species of fish\nthat a person may possess.\nExample\nThe Minister declares a possession limit of 2 Murray Cod, within 100m of public\nwaters. Claire goes fishing and catches 2 Murray Cod, taking them home and\nfreezing them for later consumption. The next day, Claire catches another 2 Murray\nCod. Because Claire is not in possession of more than 2 Murray Cod within 100m\nof the public waters, there is no breach of the possession limit.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Declaration of fishing gear","content":"17 Declaration of fishing gear\n(1) The Minister may declare fishing gear—\n(a) that may be used for taking fish; or\n(b) that is prohibited for taking fish.\n\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Declaration of exempt species","content":"18 Declaration of exempt species\n(1) The conservator may declare a species of fish to be an exempt species\n(an exempt species declaration).\n(2) In making an exempt species declaration, the conservator must\nconsider—\n(a) the need to protect native species in the ACT; and\n(b) the need to conserve the significant ecosystems of the ACT,\nNSW and Australia.\n(3) An exempt species declaration is a disallowable instrument.\n","sortOrder":20},{"sectionNumber":"18A","sectionType":"section","heading":"Declaration of critical habitat","content":"18A Declaration of critical habitat\n(1) The conservator may declare aquatic habitat, or a part of aquatic\nhabitat to be critical habitat (a critical habitat declaration).\n(2) In making a critical habitat declaration, the conservator must\nconsider—\n(a) the need to protect native species in the ACT; and\n(b) the need to conserve the significant ecosystems of the ACT,\nNSW and Australia.\n(3) A critical habitat declaration is a disallowable instrument.\n\nLicences—preliminary Division 4.1\n","sortOrder":21},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Licences—preliminary","content":"Division 4.1 Licences—preliminary\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Meaning of fisheries licence","content":"19 Meaning of fisheries licence\nfisheries licence means a licence that authorises the licensee to carry\nout 1 or more activities (the licensed activity) that would otherwise\nbe an offence under this Act.\nNote 1 Some activities are unsuitable for a fisheries licence (see s 26 (1),\ndef suitable activity, par (b)).\nNote 2 A fisheries licence is not required for recreational fishing that does not\ninvolve an activity that is an offence under this Act.\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Meaning of recreational group licence","content":"20 Meaning of recreational group licence\nrecreational group licence means a licence that authorises a group of\npeople to take fish in circumstances that would otherwise be an\noffence under this Act.\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Application","content":"21 Application\n(1) A person may apply to the conservator for a fisheries licence.\n(2) The application must—\n(b) state the activity for the licence; and\n\n(c) include complete details of suitability information about—\n(i) the applicant; and\n(ii) if the applicant is a corporation—each influential person\nfor the applicant; and\n(iii) if someone other than the applicant is to have management\nor control of the activity for the licence—each person who\nis to have management or control; and\n(iv) the activity for the licence.\nNote 1 Suitability information, about a person—see s 24.\nSuitability information, about an activity—see s 27.\nNote 2 Giving false or misleading information is an offence against the Criminal\nCode, s 338.\ninfluential person, for a corporation, means—\n(a) an executive officer of the corporation; or\n(b) a person who may exercise a relevant power in relation to the\nExamples—par (a)\ndirector, secretary\nExample—par (b)\nan influential shareholder\nrelevant power, for a corporation, means a power to—\n(a) take part in a directorial, managerial or executive decision for\nthe corporation; or\n(b) elect or appoint a person as an executive officer in the\ncorporation; or\n(c) exercise a significant influence in relation to the conduct of the\n\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Recreational group licence application","content":"22 Recreational group licence application\n(1) A person may apply to the conservator for a recreational group\nlicence for a group of people.\n(2) The application must—\n(b) state the activity for the licence; and\n(c) state the period for which the activity will be undertaken.\n(3) The conservator may issue the licence to the applicant only if\nreasonably satisfied that—\n(a) the applicant, and each member of the group for the licence, is a\nsuitable person to hold a fisheries licence; and\n(b) the activity is a suitable activity for a fisheries licence; and\n(c) issuing the licence is not inconsistent with a conservator\nguideline.\n(4) The conservator must, as soon as practicable—\n(a) decide the application; and\n(b) tell the applicant about the decision.\n(5) The conservator may issue the licence subject to any condition the\nconservator reasonably believes is necessary to meet the objects of\n(6) A person commits an offence if—\n(a) the person holds a recreational group licence; and\n(b) the licence is subject to a condition; and\n(c) the person fails to comply with the condition.\n\n(7) An offence against subsection (6) is a strict liability offence.\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Who is a suitable person to hold a fisheries licence—pt 4","content":"23 Who is a suitable person to hold a fisheries licence—pt 4\n(1) In this part:\nsuitable person, to hold a fisheries licence, means a person who the\nconservator is satisfied is a suitable person to hold the licence.\n(2) In deciding whether a person is a suitable person to hold a fisheries\nlicence, the conservator must consider each of the following:\n(a) suitability information about the person;\n(b) any information given to the conservator under section 25\n(Suitability of people—further information about people).\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Meaning of suitability information about a person—pt 4","content":"24 Meaning of suitability information about a person—pt 4\nIn this part:\nsuitability information, about a person, means information about—\n(a) any conviction of, or finding of guilt against, the person for an\noffence against the following:\n(i) this Act;\n(ii) the Animal Welfare Act 1992;\n(iii) the Domestic Animals Act 2000;\n(iv) the Environment Protection Act 1997;\n(v) the Nature Conservation Act 2014;\n(vi) the Water Resources Act 2007;\n\n(vii) a law of another jurisdiction corresponding, or\nsubstantially corresponding, to this Act or an Act\nmentioned in subparagraphs (ii) to (vi); and\n1 Environment Protection and Biodiversity Conservation Act 1999\n(Cwlth)\n2 National Parks and Wildlife Act 1974 (NSW)\n3 Biodiversity Conservation Act 2016 (NSW)\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) any noncompliance by the person with a requirement under an\nAct mentioned in paragraph (a); and\n(c) any refusal of an application by the person for a fisheries licence,\npermit or other authority (however described) under an\nAct mentioned in paragraph (a); and\n(d) any other matter relevant to the person’s ability to appropriately\ncarry on an activity in relation to an animal, plant or land; and\n(e) any other matter prescribed by regulation.\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Suitability of people—further information about people","content":"25 Suitability of people—further information about people\n(1) This section applies if the conservator is making a decision about\nwhether a person is a suitable person to hold a fisheries licence.\n(2) The conservator may, by written notice given to the applicant\n(a personal information notice), require the applicant to give the\nconservator stated information about 1 or more of the following\npeople, not later than a stated reasonable time:\n(a) the applicant;\n(b) if the applicant is applying for a recreational group licence for a\ngroup of people—any known member of the group;\n\n(c) if the applicant is a corporation—an influential person for the\n(3) The conservator need not decide whether a person is a suitable person\nto hold a fisheries licence if—\n(a) the conservator has given the person a personal information\n(b) the person does not comply with the notice.\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"What is a suitable activity for a fisheries licence?","content":"26 What is a suitable activity for a fisheries licence?\nsuitable activity, for a fisheries licence—\n(a) means an activity that the conservator is satisfied is suitable for\nthe licence; but\n(b) does not include an activity prescribed by regulation as an\nunsuitable activity.\n(2) In deciding whether an activity is suitable for a fisheries licence, the\nconservator must consider each of the following:\n(a) suitability information about the activity;\n(b) any information about the activity given to the conservator\nunder section 28;\n(c) any relevant consideration for suitability of an activity under the\nNature Conservation Act 2014, section 268 (2) (e) to (g).\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"What is suitability information about an activity?","content":"27 What is suitability information about an activity?\nsuitability information, about an activity, means information about—\n(a) the impact of the activity; and\n\n(b) the purpose of the activity; and\nscientific research, education\n(c) the place where and time when the activity is to be carried out;\nand\n(d) if the activity involves a native species or an animal that is a\ndeclared pest—the number and species of each animal involved\nin the activity; and\n(e) any other matter prescribed by regulation.\nNote The conservator must also consider suitability information for an activity\nwhen deciding to amend a fisheries licence (see s 34 and s 36).\ndeclared pest—see the Biosecurity Act 2023, section 11 (2).\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Suitability of activities—further information about activity","content":"28 Suitability of activities—further information about activity\n(1) This section applies if the conservator is making a decision about\nwhether an activity is a suitable activity for a fisheries licence.\n(2) The conservator may, by written notice given to the applicant (an\nactivity information notice), require the applicant to give the\nconservator stated information about the activity, not later than a\nstated reasonable time.\n(3) The conservator need not decide whether an activity is a suitable\nactivity for a fisheries licence if—\n(a) the conservator has given the applicant an activity information\n(b) the applicant does not comply with the notice.\n\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Suitability of activities—risk management plan","content":"29 Suitability of activities—risk management plan\n(1) This section applies if the conservator is—\n(a) making a decision about whether an activity is a suitable activity\nfor a fisheries licence; and\n(b) satisfied that carrying on the activity in accordance with the\nlicence is likely to cause undue risk to people or property.\n(2) The conservator may, by written notice given to the applicant (a risk\nmanagement plan notice), require the applicant to prepare a risk\nmanagement plan for the licence.\n(3) The risk management plan must—\n(a) identify the risks to people and property; and\n(b) set out the procedures, practices and arrangements for\neliminating or minimising the risks.\n(4) The conservator need not decide an application for a fisheries licence\nif—\n(a) the conservator has given the applicant a risk management plan\n(b) the applicant does not comply with the notice.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Licence—decision on application","content":"30 Licence—decision on application\n(1) This section applies if the conservator receives an application for a\nfisheries licence.\n(2) The conservator may issue the licence to the applicant only if\nreasonably satisfied that—\n(a) the applicant is a suitable person to hold the licence; and\n\nLicences—decision Division 4.3\n(b) if the applicant is a corporation—each influential person for the\napplicant is a suitable person to hold the licence; and\n(c) if someone other than the applicant is to have management or\ncontrol of the activity for the licence—each person who is to\nhave management or control of the activity is a suitable person\nto hold the licence; and\n(d) the activity is a suitable activity for the licence; and\n(e) issuing the licence is not inconsistent with a conservator\nguideline; and\n(f) if the conservator requires that the applicant prepare a risk\nmanagement plan—the risk management plan will eliminate or\nminimise any identified risks.\n(3) The conservator must, not later than the required time—\n(a) decide the application; and\n(b) tell the applicant about the decision on the application.\nrequired time means the latest of the following:\n(a) if the conservator gives the applicant a personal information\nnotice under section 25—28 days after the day the conservator\nreceives the stated information;\n(b) if the conservator gives the applicant an activity information\nnotice under section 28—28 days after the day the conservator\nreceives the information;\n\n(c) if the conservator gives the applicant a risk management plan\nnotice under section 29—28 days after the day the conservator\nreceives the risk management plan;\n(d) 28 days after the day the conservator receives the application.\nNote Failure to issue a fisheries licence within the required time is taken to be\na decision not to issue the licence (see ACT Civil and Administrative\nTribunal Act 2008, s 12).\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Licence—conditions","content":"31 Licence—conditions\n(1) A fisheries licence is subject to—\n(a) any condition prescribed by regulation; and\n(b) any other condition that the conservator reasonably believes is\nnecessary to meet the objects of this Act.\nExamples—par (b)\n1 that the licensee may carry on the activity only during a stated season\n2 that the licensee may carry on the activity only for non-commercial purposes\n(a) the person holds a fisheries licence; and\n(b) the licence is subject to a condition; and\n(c) the person fails to comply with the condition.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Licence—term","content":"32 Licence—term\n(1) A fisheries licence starts on the day stated in the licence.\n(2) The conservator must not issue a fisheries licence for longer than\n5 years.\n(3) A fisheries licence expires on the day stated in the licence.\n\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Licence—form","content":"33 Licence—form\n(1) A fisheries licence must—\n(b) include the following information:\n(i) the name of the licensee;\n(ii) a unique identifying number (the licence number);\n(iii) the licensed activity;\n(iv) the term of the licence;\n(v) the conditions on the licence;\n(vi) anything else prescribed by regulation.\n(2) A fisheries licence may include anything else the conservator\nconsiders relevant.\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Licence—amendment initiated by conservator","content":"34 Licence—amendment initiated by conservator\n(1) The conservator may, by written notice (an amendment notice) given\nto a licensee, amend a fisheries licence if satisfied that—\n(a) the licensee is a suitable person to hold the licence as amended;\nand\n(b) if the licensee is a corporation—each influential person for the\nlicensee is a suitable person to hold the licence as amended; and\n(c) the licensed activity is a suitable activity for the licence as\namended.\n\n(2) However, the conservator may amend the licence only if—\n(a) the conservator has given the licensee written notice of the\nproposed amendment (a proposal notice); and\n(b) the proposal notice states that written submissions about the\nproposal may be made to the conservator before the end of a\nstated period of at least 14 days after the day the proposal notice\nis given to the licensee; and\n(c) after the end of the stated period, the conservator has considered\nany submissions made in accordance with the proposal notice.\n(3) Subsection (2) does not apply to a person if the licensee applied for,\nor agreed in writing to, the amendment.\n(4) The amendment takes effect on the day the amendment notice is given\nto the licensee or a later day stated in the notice.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Licence—application to amend licence","content":"35 Licence—application to amend licence\n(1) A licensee may apply to the conservator to amend a fisheries licence.\n(2) A licensee must apply to the conservator for amendment of a fisheries\nlicence if someone else (the new person) is to—\n(a) have management or control of the licensed activity; or\n(b) if the licensee is a corporation—become an influential person\nfor the licensee.\n(3) The application must—\n(b) if the application is under subsection (2)—include complete\ndetails of suitability information about the new person.\nNote 1 Suitability information, about a person—see s 24.\nNote 2 Giving false or misleading information is an offence against the\nCriminal Code, s 338.\n\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Licence—decision on application to amend licence","content":"36 Licence—decision on application to amend licence\n(1) This section applies if the conservator receives an application to\namend a fisheries licence under section 35.\n(2) The conservator may amend the licence only if satisfied that as\namended—\n(a) the licensee is a suitable person to hold the licence; and\n(b) if the licensee is a corporation—each influential person for the\nlicensee is a suitable person to hold the licence; and\n(c) if someone other than the proposed new licensee is to have\nmanagement or control of the activity for the licence—each\nperson who is to have management or control of the activity is a\nsuitable person to hold the licence; and\n(d) the licensed activity is a suitable activity for the licence; and\n(e) the licence is not inconsistent with any conservator guideline.\n(3) If the conservator decides to amend the licence, the conservator may\nimpose or amend a condition on the licence.\n(4) The conservator must, not later than the required time—\n(a) decide the application for amendment; and\n(b) tell the licensee about the decision.\n(5) In this section:\nrequired time means the latest of the following:\n(a) if the conservator gives a person mentioned in section 35 (2)\na personal information notice under section 25—28 days after\nthe day the conservator receives the stated information;\n\n(b) if the conservator gives the applicant an activity information\nnotice under section 28—28 days after the day the conservator\nreceives the information;\n(c) if the conservator gives the applicant a risk management plan\nnotice under section 29—28 days after the day the conservator\nreceives the risk management plan;\n(d) 28 days after the day the conservator receives the application.\nNote Failure to amend a fisheries licence within the required time is taken to\nbe a decision not to amend the licence (see ACT Civil and Administrative\nTribunal Act 2008, s 12).\n","sortOrder":40},{"sectionNumber":"36A","sectionType":"section","heading":"Licence—replacing when lost, stolen or destroyed","content":"36A Licence—replacing when lost, stolen or destroyed\n(1) The conservator may issue a replacement fisheries licence to a\nlicensee if satisfied that the licensee’s original licence has been lost,\nstolen or destroyed.\n(2) For subsection (1), the conservator may require the licensee to give\nthe conservator a statement verifying that the original licence has\nbeen lost, stolen or destroyed.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":41},{"sectionNumber":"36B","sectionType":"section","heading":"Licence—surrender","content":"36B Licence—surrender\n(1) A licensee may surrender a fisheries licence by giving written notice\nof the surrender (a surrender notice) to the conservator.\n(2) The surrender notice must be accompanied by—\n(a) the licence; or\n\n(b) if the licence has been lost, stolen or destroyed—a statement by\nthe licensee verifying that the licence has been lost, stolen or\ndestroyed.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n","sortOrder":42},{"sectionNumber":"36C","sectionType":"section","heading":"Offence—fail to notify change of name or address","content":"36C Offence—fail to notify change of name or address\n(a) the person is a licensee for a fisheries licence; and\n(b) the person’s name or address changes; and\n(c) the person does not, within 30 days after the change, give the\nconservator—\n(i) written notice of the change; and\n(ii) the licence.\n","sortOrder":43},{"sectionNumber":"36D","sectionType":"section","heading":"Licence—conservator to change name and address","content":"36D Licence—conservator to change name and address\n(1) This section applies if a licensee for a fisheries licence gives the\nconservator—\n(a) written notice of a change to the person’s name or address; and\n(b) the licence.\n(2) The conservator must enter the changed details on the licence and\nreturn it to the licensee.\n\n","sortOrder":44},{"sectionNumber":"36E","sectionType":"section","heading":"Application—div 4.5","content":"36E Application—div 4.5\nThis division also applies to the licensee of a recreational group\nlicence as if a reference in this division to a fisheries licence were a\nreference to a recreational group licence.\n","sortOrder":45},{"sectionNumber":"36F","sectionType":"section","heading":"Licence—grounds for regulatory action","content":"36F Licence—grounds for regulatory action\n(1) Each of the following is a ground for regulatory action against a\nlicensee for a fisheries licence:\n(a) the licensee has contravened, or is contravening, a provision of\nthis Act;\n(b) the licensee has contravened a condition of the licence.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\nlicensee includes, if the person is a corporation, each executive\nofficer of the corporation.\n","sortOrder":46},{"sectionNumber":"36G","sectionType":"section","heading":"Licence—regulatory action","content":"36G Licence—regulatory action\nEach of the following is regulatory action when taken against a\nlicensee for a fisheries licence:\n(a) imposing a condition on, or amending a condition on, the\nlicence;\n(b) suspending the licence for a stated period or until a stated thing\nhappens;\n(c) cancelling the licence;\n\nLicences—regulatory action Division 4.5\n(d) cancelling the licence and disqualifying the person from\napplying for a fisheries licence for a stated period or until a\nstated thing happens.\n","sortOrder":47},{"sectionNumber":"36H","sectionType":"section","heading":"Licence—taking regulatory action","content":"36H Licence—taking regulatory action\n(1) If the conservator proposes to take regulatory action in relation to a\nlicensee for a fisheries licence, the conservator must give the licensee\na written notice (a show cause notice) stating—\n(a) details of the proposed regulatory action; and\n(b) the grounds for the proposed regulatory action; and\n(c) that the licensee may, not later than 14 days after the day the\nlicensee is given the notice, give a written submission to the\nconservator about the proposed regulatory action.\n(2) In deciding whether to take the proposed regulatory action, the\nconservator must consider any submission given to the conservator in\naccordance with the show cause notice.\n(3) If the conservator believes on reasonable grounds that a ground for\nregulatory action has been established in relation to the licensee, the\nconservator may—\n(a) take the regulatory action stated in the show cause notice; or\n(b) if the proposed regulatory action is cancelling the licence and\ndisqualifying the person from applying for a fisheries licence—\n(i) cancel the licence; or\n(ii) suspend the licence; or\n(iii) impose a condition on, or amend a condition on, the\n\n(c) if the proposed regulatory action is cancelling the licence—\n(i) suspend the licence; or\n(ii) impose a condition on, or amend a condition on, the\n(d) if the proposed regulatory action is suspending the licence—\n(i) suspend the licence for a shorter period; or\n(ii) impose a condition on, or amend a condition on, the\nlicence.\n(4) Regulatory action under this section takes effect on—\n(a) the day the licensee is given written notice of the decision; or\n(b) if the written notice states a later date of effect—that date.\n","sortOrder":48},{"sectionNumber":"36I","sectionType":"section","heading":"Licence—immediate suspension","content":"36I Licence—immediate suspension\n(a) the conservator gives a show cause notice to a licensee for a\nfisheries licence; and\n(b) having regard to the grounds stated in the notice, the conservator\nbelieves on reasonable grounds that the fisheries licence should\nbe suspended immediately because of a risk to—\n(i) public safety; or\n(ii) sustainability of a species of fish or aquatic habitat; or\n(iii) the safety of a fish.\n(2) The conservator must give the licensee a written notice\n(an immediate suspension notice) suspending the person’s licence.\n(3) The suspension of a fisheries licence under this section takes effect\nwhen the immediate suspension notice is given to the licensee.\n\nLicences—regulatory action Division 4.5\n(4) The suspension of a fisheries licence under this section ends—\n(a) if regulatory action is taken against the person—at the earlier of\nthe following times:\n(i) when the regulatory action takes effect;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person; or\n(b) if regulatory action is not taken against the person—at the earlier\nof the following times:\n(i) when the person is given written notice of the conservator’s\ndecision not to take regulatory action;\n(ii) 30 days after the day the immediate suspension notice is\ngiven to the person.\n","sortOrder":49},{"sectionNumber":"36J","sectionType":"section","heading":"Licence—effect of suspension","content":"36J Licence—effect of suspension\n(1) If the conservator suspends a fisheries licence, the licensee is, during\nthe suspension—\n(a) taken not to hold the licence; and\n(b) disqualified from applying for a fisheries licence.\n(2) A suspended fisheries licence does not authorise the carrying on of\nany licensed activity under the licence during the suspension.\n","sortOrder":50},{"sectionNumber":"36K","sectionType":"section","heading":"Offence—fail to return amended, suspended or cancelled","content":"36K Offence—fail to return amended, suspended or cancelled\nlicences\n(a) the person is a licensee for a fisheries licence; and\n(b) the licence is amended, suspended or cancelled under this\ndivision; and\n\n(c) the person fails to return the licence to the conservator as soon\nas practicable (but not later than 7 days) after the day the person\nis given a reviewable decision notice under section 108.\n","sortOrder":51},{"sectionNumber":"36L","sectionType":"section","heading":"Action by conservator in relation to amended or","content":"36L Action by conservator in relation to amended or\nsuspended licence\n(a) a fisheries licence is amended or suspended under this part; and\n(b) the licence is returned to the conservator.\n(2) For an amended fisheries licence, the conservator must—\n(a) return the amended licence to the licensee; or\n(b) give the licensee a replacement licence that includes the\namendment.\n(3) If a fisheries licence is suspended under this part and the suspension\nends before the end of the term of the licence, the conservator must\nreturn the licence to the licensee when the suspension ends.\n","sortOrder":52},{"sectionNumber":"36M","sectionType":"section","heading":"Fisheries licence register","content":"36M Fisheries licence register\n(1) The conservator must keep a register of fisheries licences and\nrecreational group licences (the fisheries licence register).\n(2) The fisheries licence register must include the following details for\neach licence:\n(a) the name of the licensee;\n(b) the licence number;\n\nLicence—register Division 4.6\n(c) the licensed activity;\n(d) the term of the licence;\n(e) the conditions on the licence;\n(f) anything else prescribed by regulation.\nNote Licence number—see s 33.\n(3) The fisheries licence register may include anything else the\nconservator considers relevant.\n(4) The fisheries licence register may be kept in any form, including\nelectronically, that the conservator decides.\n","sortOrder":53},{"sectionNumber":"36N","sectionType":"section","heading":"Licence register—correction and keeping up-to-date","content":"36N Licence register—correction and keeping up-to-date\n(1) The conservator may correct a mistake, error or omission in the\nlicence register.\n(2) The conservator may change a detail included in the register to keep\nthe register up-to-date.\n","sortOrder":54},{"sectionNumber":"36O","sectionType":"section","heading":"Offence—fail to keep records","content":"36O Offence—fail to keep records\n(a) the person is a licensee; and\n(b) the person does not keep the records required by regulation for\nthe licence.\n(a) the person is a licensee for an activity involving a priority\nspecies; and\n\n(b) the person does not keep the records required by regulation for\nthe licence.\n\nCommercial dealing Part 5\nFish dealers Division 5.1\n","sortOrder":55},{"sectionNumber":"37","sectionType":"section","heading":"Fish dealers to be registered","content":"37 Fish dealers to be registered\n(a) the person receives, within the period prescribed by regulation,\nmore than the prescribed number of fish; and\n(b) the person is not registered as a fish dealer under this Act; and\n(c) the person does not receive the fish from a person who is—\n(i) registered as a fish dealer under this Act; or\n(ii) registered or licensed as a fish dealer under a\ncorresponding law.\n(2) This section does not apply to the person if—\n(a) the fish are received for retail sale; or\n(b) the fish are received for purposes other than sale.\nfish does not include oysters.\n","sortOrder":56},{"sectionNumber":"38","sectionType":"section","heading":"Application for registration","content":"38 Application for registration\nAn application for registration as a fish dealer must be given to the\nconservator.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n\n","sortOrder":57},{"sectionNumber":"39","sectionType":"section","heading":"Decision on application","content":"39 Decision on application\n(1) The conservator must, on application being made under section 38—\n(a) register the applicant as a fish dealer; or\n(b) refuse to register the applicant.\n(2) In deciding whether to register an applicant, the conservator must\nconsider whether the applicant has been convicted, or found guilty,\nof an offence against this Act or a law of a State corresponding to this\nAct.\n(3) Subsection (2) does not limit the matters the conservator may\nconsider in deciding whether to register an applicant.\n","sortOrder":58},{"sectionNumber":"40","sectionType":"section","heading":"Term of registration","content":"40 Term of registration\nThe registration of a person as a fish dealer is for the term of not\nlonger than 7 years stated in the register in relation to the person.\n","sortOrder":59},{"sectionNumber":"41","sectionType":"section","heading":"Suspension of registration","content":"41 Suspension of registration\nIf a registered fish dealer fails to give information in accordance with\na direction under section 64 (2), the conservator may, by notice in\nwriting given to the dealer, suspend the dealer’s registration.\nNote For how documents may be given, see Legislation Act, pt 19.5.\n","sortOrder":60},{"sectionNumber":"42","sectionType":"section","heading":"Cancellation of registration","content":"42 Cancellation of registration\nThe conservator may cancel a fish dealer’s registration if—\n(a) the dealer is convicted, or found guilty, of an offence against this\nAct, or a law of a State corresponding to this Act; or\n(b) the dealer’s registration has been suspended for failure to give\ninformation in accordance with a direction under section 64 (2)\nand the dealer has failed to give that information within 14 days\nafter the day of suspension.\n\nCommercial dealing Part 5\nCommercial fishers Division 5.2\n","sortOrder":61},{"sectionNumber":"43","sectionType":"section","heading":"Register of dealers","content":"43 Register of dealers\n(1) The conservator must prepare and keep a register of fish dealers.\n(2) A person is registered as a fish dealer if the conservator enters in the\nregister—\n(a) the person’s name; and\n(b) if the person carries on business in the ACT as a fish dealer\nunder a name other than the person’s own name—the name\nunder which the person carries on business; and\n(c) each place in the ACT where the person carries on business as a\nfish dealer.\n","sortOrder":62},{"sectionNumber":"44","sectionType":"section","heading":"Inspection of register","content":"44 Inspection of register\n(1) A person may, without charge, inspect the register during the office\nhours of the office of the conservator.\n(2) A person may, on payment of the reasonable copying costs, obtain a\ncopy of all or part of the register.\n","sortOrder":63},{"sectionNumber":"Div 5","sectionType":"division","heading":"2 Commercial fishers","content":"Division 5.2 Commercial fishers\n","sortOrder":64},{"sectionNumber":"45","sectionType":"section","heading":"Sale of fish by commercial fishers","content":"45 Sale of fish by commercial fishers\n(1) The holder of a commercial fishing licence under this Act or a\ncorresponding law must not sell in a day more than the quantity of\nfish prescribed by regulation.\n(2) Subsection (1) does not apply in relation to any quantity of fish sold\nto a person who is registered or licensed as a fish dealer under this\nAct or a corresponding law.\nfish does not include oysters.\n\n","sortOrder":65},{"sectionNumber":"46","sectionType":"section","heading":"Meaning of aquaculture","content":"46 Meaning of aquaculture\naquaculture—\n(a) means the farming of fish or aquatic vegetation for trade,\nbusiness or research; but\n(b) does not include—\n(i) keeping anything in a pet shop for sale or in an aquarium\nfor exhibition (including an aquarium operated\ncommercially); or\n(ii) anything done in maintaining a collection of fish or aquatic\nvegetation that is not used for a commercial purpose; or\n(iii) an activity prescribed by regulation.\n","sortOrder":66},{"sectionNumber":"47","sectionType":"section","heading":"Aquaculture guidelines","content":"47 Aquaculture guidelines\n(1) The conservator may make guidelines about how aquaculture may be\nundertaken in the Territory (the aquaculture guidelines).\n(2) In preparing aquaculture guidelines, the conservator must consider\nthe following:\n(a) any possible biosecurity risks;\n(b) the species and numbers of fish suitable for aquaculture.\n(3) An aquaculture guideline is a notifiable instrument.\n","sortOrder":67},{"sectionNumber":"48","sectionType":"section","heading":"Aquaculture limit","content":"48 Aquaculture limit\nA regulation may prescribe a threshold capacity over which a licence\nauthorising aquaculture is required (an aquaculture capacity limit).\n\nAquaculture Part 6\n","sortOrder":68},{"sectionNumber":"49","sectionType":"section","heading":"Aquaculture offences","content":"49 Aquaculture offences\n(a) the person undertakes aquaculture; and\n(b) the person does not comply with the aquaculture guidelines.\n(a) the person undertakes aquaculture; and\n(b) the capacity of the structure used to contain fish for the\naquaculture is more than the aquaculture capacity limit; and\n(c) the person does not hold a licence authorising the person to\nundertake the aquaculture.\naquaculture capacity limit—see section 48.\n\nNote for pt 7\nThe Legislation Act, s 170 and s 171 deal with the application of the privilege\nagainst self-incrimination and client legal privilege.\n","sortOrder":69},{"sectionNumber":"50","sectionType":"section","heading":"Appointment","content":"50 Appointment\nThe director-general may appoint a person as a fisheries officer for\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n","sortOrder":70},{"sectionNumber":"51","sectionType":"section","heading":"Identity cards","content":"51 Identity cards\n(1) The director-general must give each fisheries officer an identity card\nthat states the person’s name and appointment as a fisheries officer,\nand shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed by regulation.\n\nFisheries officers Division 7.1A\n(a) stops being a fisheries officer; and\n(b) does not return the person’s identity card to the director-general\nas soon as practicable (but within 7 days) after the day the person\nstops being a fisheries officer.\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\n(4) An offence against this section is a strict liability offence.\n","sortOrder":71},{"sectionNumber":"52","sectionType":"section","heading":"Fisheries officer must show identity card on exercising","content":"52 Fisheries officer must show identity card on exercising\npower\n(1) If a fisheries officer exercises a power under this part that affects an\nindividual, the fisheries officer must first show the fisheries officer’s\nidentity card to the individual.\n(2) If a fisheries officer exercises a power under this part that affects an\nentity, other than an individual, the fisheries officer must first show\nthe fisheries officer’s identity card to an individual the fisheries\nofficer believes on reasonable grounds is an employee, officer or\nagent of the entity.\nExamples—person other than an individual\ncorporation, partnership\n\n","sortOrder":72},{"sectionNumber":"53","sectionType":"section","heading":"Meaning of occupier for div 7.1","content":"53 Meaning of occupier for div 7.1\nIn this division:\noccupier, of a place, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\nplace; and\n(b) a person apparently in charge of the place.\n","sortOrder":73},{"sectionNumber":"54","sectionType":"section","heading":"Power to enter premises","content":"54 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\nNote Premises includes land (whether vacant or occupied), a vehicle or\na vessel (see dict).\n(b) at any time, enter premises with the occupier’s consent; or\n(c) at any reasonable time, enter premises—\n(i) where a thing is kept under a fisheries licence; or\n(ii) if the authorised person suspects that a fish that is not an\nexempt species, or a part of critical habitat, is on the\npremises; or\n(d) enter premises in accordance with a search warrant; or\n(e) at any time, enter premises if the authorised person believes on\nreasonable grounds that the circumstances are so serious and\nurgent that immediate entry to the premises without the\nauthority of a search warrant is necessary; or\n(f) if a vehicle is stopped under section 67—enter the vehicle.\n\n(2) However, subsection (1) (a) and (c) do not authorise entry into a part\nof premises that is being used only for residential purposes.\n(3) For subsection (1) (e), the authorised person may enter the premises\nwith any necessary and reasonable assistance and force.\n(4) An authorised person may, without the consent of the occupier of\npremises—\n(a) if the premises are land—enter the land to ask for consent to\nremain at the premises; or\n(b) in any other case—enter land around the premises to ask for\nconsent to enter the premises.\n(5) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\nat any reasonable time includes at any time when the public is\nentitled to use the premises or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":74},{"sectionNumber":"54A","sectionType":"section","heading":"Production of identity card","content":"54A Production of identity card\nAn authorised person must not remain at premises entered under this\npart if the authorised person does not produce their identity card when\nasked by the occupier.\n","sortOrder":75},{"sectionNumber":"55","sectionType":"section","heading":"Consent to entry","content":"55 Consent to entry\n(1) This section applies if an authorised person intends to ask an occupier\nof a place to consent to the authorised person or another authorised\nperson entering the place.\n\n(2) Before asking for the consent, the authorised person must tell the\noccupier—\n(a) of the purpose of the entry; and\n(b) that the occupier is not required to consent.\n(3) If the consent is given, the authorised person may ask the occupier to\nsign an acknowledgment of the consent.\n(4) The acknowledgment must state that—\n(a) the occupier was told—\n(i) of the purpose of the entry; and\n(ii) that the occupier is not required to consent; and\n(b) the occupier gives an authorised person consent to enter the\nplace and exercise powers under this Act; and\n(c) the time and date the consent was given.\n(5) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n(6) Subsection (7) applies to a court if—\n(a) a question arises, in a proceeding in the court, whether the\noccupier of a place consented to an authorised person entering\nthe place under this Act; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry; and\n(c) it is not proved that the occupier consented to the entry.\n(7) The court may presume that the occupier did not consent.\n\n","sortOrder":76},{"sectionNumber":"56","sectionType":"section","heading":"Routine inspection of business premises","content":"56 Routine inspection of business premises\n(1) To find out whether this Act is being complied with, a fisheries officer\nmay enter business premises of a fish dealer or the holder of a\ncommercial fishing licence at any time the premises are being used.\nbusiness premises includes residential premises used for business\npurposes.\n","sortOrder":77},{"sectionNumber":"57","sectionType":"section","heading":"Warrants to enter","content":"57 Warrants to enter\n(1) A fisheries officer may apply to a magistrate for a warrant to enter a\nplace.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the officer\ngives the magistrate all the information the magistrate requires about\nthe application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity (the evidence) that may\nprovide evidence of an offence against this Act; and\n(b) the evidence is, or may be within the next 14 days, at the place.\n(5) The warrant must state—\n(a) that a fisheries officer may, with necessary help and force, enter\nthe place and exercise the officer’s powers under this Act; and\n(b) the offence for which the warrant is sought; and\n(c) the evidence that may be seized under the warrant; and\n\n(d) the hours when the place may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":78},{"sectionNumber":"58","sectionType":"section","heading":"Warrants—application made other than in person","content":"58 Warrants—application made other than in person\n(1) A fisheries officer may apply for a warrant by phone, fax, radio or\nother form of communication if the officer considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the officer must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The officer may apply for the warrant before the application is sworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the officer if it is reasonably practicable to do so.\n(5) If it is not reasonably practicable to provide a written copy to the\nofficer—\n(a) the magistrate must—\n(i) tell the officer what the terms of the warrant are; and\n(ii) tell the officer the date and time the warrant was issued;\nand\n(b) the officer must complete a form of warrant (warrant form) and\nwrite on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n\n(6) The written copy of the warrant, or the warrant form properly\ncompleted by the officer, has the same effect as a warrant issued\nunder section 57.\n(7) The officer must, at the first reasonable opportunity, send the\nmagistrate—\n(a) the sworn application; and\n(b) if the officer completed a warrant form—the completed warrant\nform.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) Subsection (10) applies to a court if—\n(a) a question arises, in a proceeding in or before the court, whether\na power exercised by a fisheries officer was not authorised by a\nwarrant issued under this section; and\n(b) the warrant is not produced in evidence.\n(10) The court must presume that the exercise of a power was not\nauthorised by a warrant issued under this section, unless the contrary\nis proved.\n","sortOrder":79},{"sectionNumber":"59","sectionType":"section","heading":"General powers on entry to premises","content":"59 General powers on entry to premises\n(1) An authorised person who enters premises under this part may, for\nthis Act, do 1 or more of the following in relation to the premises or\nanything on the premises:\n(a) inspect or examine;\n(b) take measurements or conduct tests;\n(c) take samples;\n(d) take photographs, films or audio, video or other recordings;\n\n(e) require the occupier, or anyone at the premises, to give the\nauthorised person reasonable help to exercise a power under this\npart.\nNote 1 Premises includes land (whether vacant or occupied), a vehicle or a\nvessel (see dict).\nNote 2 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (e).\nMaximum penalty: 20 penalty units.\n","sortOrder":80},{"sectionNumber":"60","sectionType":"section","heading":"Powers on entry for routine inspection of business","content":"60 Powers on entry for routine inspection of business\npremises\nA fisheries officer who enters a place under section 56 (Routine\ninspection of business premises) may—\n(a) inspect, measure, photograph or film the place or anything in it;\nor\n(b) test or take samples of anything in the place; or\n(c) take the people, equipment and materials the officer reasonably\nneeds for exercising a power under this Act into the place.\n","sortOrder":81},{"sectionNumber":"61","sectionType":"section","heading":"Powers on entry under a warrant","content":"61 Powers on entry under a warrant\n(1) A fisheries officer who enters a place under section 57 (Warrants to\nenter) or section 58 (Warrants—application made other than in\nperson) may—\n(a) search any part of the place; or\n(b) inspect, measure, photograph or film the place or anything in it;\nor\n(c) test or take samples of anything in the place; or\n(d) copy a document in the place; or\n\n(e) take the people, equipment and materials the officer reasonably\nneeds for exercising a power under this Act into the place; or\n(f) require a person in the place to give the officer reasonable help\nto exercise the powers mentioned in paragraphs (a) to (e).\n(2) A person must take all reasonable steps to comply with a requirement\nmade of the person under subsection (1) (f).\nNote The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n","sortOrder":82},{"sectionNumber":"63","sectionType":"section","heading":"Entry into waters, and along banks etc","content":"63 Entry into waters, and along banks etc\nAn authorised person may for this Act, at any time, pass along the\nbanks or borders of any public waters or on land beside any public\nwaters within a reasonable distance of the waters.\n","sortOrder":83},{"sectionNumber":"64","sectionType":"section","heading":"Direction to provide information","content":"64 Direction to provide information\n(1) This section applies if an authorised person suspects on reasonable\ngrounds that a person has information or documents reasonably\nrequired by the authorised person for the administration or\nenforcement of this Act.\n(2) The authorised person may direct the person to provide the\ninformation or documents to the authorised person (an information\ndirection).\n(3) The direction must be in writing and state—\n(a) the name of the person to whom it is directed; and\n(b) the information or documents required to be provided; and\n(c) why the information or documents are required; and\n\n(d) when the direction must be complied with (the due date), being\na day at least 2 days after the day the direction is given to the\nperson; and\n(e) that if the information is not provided by the due date the person\nmay be committing an offence under section 65.\n","sortOrder":84},{"sectionNumber":"65","sectionType":"section","heading":"Offence—fail to comply with information direction","content":"65 Offence—fail to comply with information direction\n(a) is subject to an information direction; and\nNote It is an offence to make a false or misleading statement or give false or\nmisleading information (see Criminal Code, pt 3.4).\n(3) This section does not apply if—\n(a) the person did not know, and could not reasonably be expected\nto know or find out, the information required under the\ndirection; or\n(b) the person did not have reasonable access to the documents\nrequired under the direction; or\n(c) the authorised person did not produce the authorised person’s\nidentity card for inspection by the person as soon as practicable\nafter giving the direction.\n\n","sortOrder":85},{"sectionNumber":"66","sectionType":"section","heading":"Immediate information direction","content":"66 Immediate information direction\n(1) An authorised person may require a person to state the person’s name\nand home or business address (a name and address direction) if the\nauthorised person believes, on reasonable grounds, that the person is\ncommitting or has just committed an offence against this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n(2) The authorised person must tell the person the reason for the\nrequirement and, as soon as practicable, record the reason.\n(3) If the authorised person believes on reasonable grounds that the\nperson’s response to a name and address direction is false or\nmisleading, the authorised person may direct the person to produce\nevidence (an evidence direction)—\n(a) as soon as practicable; or\n(b) if the person does not have evidence reasonably available—\nto the authorised person’s office within 2 business days after the\nday the direction is given.\n(4) A person commits an offence if the person—\n(a) is subject to—\n(i) a name and address direction; or\n(ii) an evidence direction; and\n(5) An offence against this section is a strict liability offence.\n\n","sortOrder":86},{"sectionNumber":"67","sectionType":"section","heading":"Direction to stop vehicle containing fish etc","content":"67 Direction to stop vehicle containing fish etc\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person has committed, is committing or is about to\ncommit an offence against this Act.\n(2) The authorised person may, to exercise a function under part 7\n(Enforcement), direct the driver of the vehicle to stop the vehicle\n(a stop vehicle direction)—\n(a) without delay; or\n(b) at the nearest place that the vehicle can be safely stopped as\nindicated by the authorised person.\nNote An authorised person can enter a vehicle stopped under this\nsection (see s 54 (1) (f)) and inspect or examine, etc anything in the\nvehicle (see s 59).\n(3) A direction may be given to a driver orally or by means of a sign or\nsignal (electronic or otherwise) or in any other way.\n(4) A direction to a driver ceases to be operative to the extent that an\nauthorised person—\n(a) gives the driver or other person a later inconsistent direction; or\n(b) indicates to the driver that the direction is no longer operative.\n(5) However, an authorised person may direct a vehicle to be stopped\nonly for the amount of time necessary for the authorised person to\nexercise the function.\nin, a vehicle, includes on the vehicle.\nvehicle includes vessel.\n\n","sortOrder":87},{"sectionNumber":"68","sectionType":"section","heading":"Offence—fail to comply with stop vehicle direction","content":"68 Offence—fail to comply with stop vehicle direction\n(a) is subject to a stop vehicle direction under section 67; and\n(3) This section does not apply to a person if the authorised person did\nnot produce the authorised person’s identity card for inspection by the\nperson as soon as practicable after giving the direction.\n","sortOrder":88},{"sectionNumber":"69","sectionType":"section","heading":"Direction to remove gear from water","content":"69 Direction to remove gear from water\n(1) This section applies if an authorised person believes on reasonable\ngrounds that a person is using fishing gear in contravention of this\nAct.\n(2) An authorised person may direct a person to remove from waters any\nfishing gear being used by the person.\n(3) If an authorised person gives a direction to a person, the authorised\nperson must—\n(a) tell the person that it is an offence if the person fails to comply\nwith the direction; and\n(b) give the direction in a language, or way of communicating that\nthe person is likely to understand.\n(4) A person commits an offence if the person—\n(a) is subject to a direction under subsection (2); and\n\n(5) An offence against this section is a strict liability offence.\n(6) This section does not apply to a person if—\n(a) the person has a reasonable excuse for failing to comply with the\ndirection; or\n(b) the authorised person did not produce the authorised person’s\nidentity card for inspection by the person as soon as practicable\nafter giving the direction.\nmentioned in s (6) (see Criminal Code, s 58).\n","sortOrder":89},{"sectionNumber":"70","sectionType":"section","heading":"Urgent directions","content":"70 Urgent directions\n(1) This section applies if an authorised person reasonably believes that\na person—\n(a) has breached, is breaching or is about to breach a fisheries\n(b) has contravened, is contravening or is about to contravene a\nprovision of this Act; or\n(c) has engaged in, is engaging in or is about to engage in conduct\nthat may threaten the management of fisheries.\n(2) The authorised person may direct (an urgent direction) the person\nto—\n(a) take action to stop the breach, contravention or threat; or\n(b) cease conduct causing the breach, contravention or threat.\n\n(3) An urgent direction must either—\n(a) state—\n(i) the action to be taken; and\n(ii) when the direction must be complied with; or\n(b) state—\n(i) the conduct not to be undertaken; and\n(ii) how long the direction is in force.\n","sortOrder":90},{"sectionNumber":"71","sectionType":"section","heading":"Offence—fail to comply with urgent direction","content":"71 Offence—fail to comply with urgent direction\n(a) is subject to an urgent direction; and\n(b) fails to take reasonable steps to comply with the direction.\n(3) This section does not apply to a person if the authorised person did\nnot produce the authorised person’s identity card for inspection by the\nperson as soon as practicable after giving the direction.\n","sortOrder":91},{"sectionNumber":"72","sectionType":"section","heading":"Authorised person’s directions","content":"72 Authorised person’s directions\n(a) 1 or more of the following is in waters:\n(i) a native fish species;\n(ii) critical habitat; and\n(b) the authorised person reasonably believes that the occupier of\nthe waters may engage in conduct that may threaten native fish\nspecies or critical habitat.\n\n(2) The authorised person may give the occupier a direction about the\nprotection or conservation of the species, community or habitat\n(an authorised person’s direction).\n(3) An authorised person’s direction must not be inconsistent with a\nfisheries management plan.\n(4) An authorised person’s direction must—\n(b) state when the direction must be complied with, being a day at\nleast 14 days after the day the direction is given to the occupier.\n","sortOrder":92},{"sectionNumber":"72A","sectionType":"section","heading":"Offence—fail to comply with authorised person’s","content":"72A Offence—fail to comply with authorised person’s\ndirection\n(a) is subject to an authorised person’s direction; and\n(3) This section does not apply to a person if the person took reasonable\nsteps to comply with the authorised person’s direction.\n","sortOrder":93},{"sectionNumber":"72B","sectionType":"section","heading":"Treatment directions","content":"72B Treatment directions\n(1) This section applies if an authorised person reasonably believes that\na person—\n(a) is keeping a fish and—\n(i) the fish is carrying a disease or suffers from a condition;\nand\n\n(ii) it is necessary or desirable for a particular kind of treatment\nto be carried out in connection with the disease or\ncondition; or\n(b) is the occupier of land that—\n(i) has waters containing an aquatic habitat; and\n(ii) it is necessary or desirable for a particular treatment to be\ncarried out in connection with the habitat.\n(2) The authorised person may direct the keeper of the fish or the\noccupier of the land to carry out a stated treatment on the fish or\naquatic habitat (a treatment direction).\nExamples—treatment direction of aquatic habitat\n1 removing fallen timber\n2 removing an invasive plant species\n3 draining a dam\n(3) In deciding whether to make a treatment direction, the authorised\nperson must consider—\n(a) if the treatment direction is in relation to a fish—the following:\n(i) the likelihood of the disease infecting other fish;\n(ii) the impact of the disease if it were to infect other fish;\n(iii) any matter prescribed by regulation; or\n(b) if the treatment direction is in relation to an aquatic habitat—\nthe following:\n(i) the impact if the direction were not followed;\n(ii) any matter prescribed by regulation.\n(4) A treatment direction must be in writing and state the following:\n(a) the fish or aquatic habitat to which it relates;\n\n(b) if the direction is made in relation to a fish—the disease or\ncondition to which it relates;\n(c) the treatment to be carried out;\n(d) when the direction must be complied with.\n","sortOrder":94},{"sectionNumber":"72C","sectionType":"section","heading":"Offence—fail to comply with treatment direction","content":"72C Offence—fail to comply with treatment direction\nA person commits an offence if the person—\n(a) is subject to a treatment direction; and\n","sortOrder":95},{"sectionNumber":"72D","sectionType":"section","heading":"Power to seize things","content":"72D Power to seize things\n(1) An authorised person who enters premises under this part with the\noccupier’s consent may seize anything at the premises if—\n(a) the authorised person is satisfied on reasonable grounds that the\nthing is connected with an offence against this Act; and\n(b) seizure of the thing is consistent with the purpose of the entry\ntold to the occupier when seeking the occupier’s consent.\n(2) An authorised person who enters premises under a warrant under this\npart may seize anything at the premises that the authorised person is\nauthorised to seize under the warrant.\n(3) An authorised person who enters premises under this part (whether\nwith the occupier’s consent, under a warrant or otherwise) may seize\nanything at the premises if satisfied on reasonable grounds that—\n(a) the thing is connected with an offence against this Act; and\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n\n(4) Also, an authorised person who enters premises under this part\n(whether with the occupier’s consent, under a warrant or otherwise)\nmay seize anything at the premises if satisfied on reasonable grounds\nthat the thing poses a risk to the health or safety of people or of\ndamage to property or the environment.\n(5) The powers of an authorised person under subsections (3) and (4) are\nadditional to any powers of the authorised person under\nsubsection (1) or (2) or any other territory law.\n(6) Having seized a thing, an authorised person may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(7) A person commits an offence if—\n(a) the person interferes with a seized thing, or anything containing\na seized thing, to which access has been restricted under\nsubsection (6); and\n(b) the person does not have an authorised person’s approval to\ninterfere with the thing.\nMaximum penalty: 20 penalty units.\n(8) An offence against subsection (7) is a strict liability offence.\n","sortOrder":96},{"sectionNumber":"72E","sectionType":"section","heading":"Receipt for things seized","content":"72E Receipt for things seized\n(1) As soon as practicable after a thing is seized by an authorised person\nunder this part, the authorised person must give a receipt for it to the\nperson from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised person must leave the receipt, secured conspicuously\nat the place of seizure under section 72D (Power to seize things).\n\n(3) A receipt under this section must include the following:\n(a) a description of the thing seized;\n(b) an explanation of why the thing was seized;\n(c) the authorised person’s name, and how to contact the authorised\nperson;\n(d) if the thing is moved from the premises where it is seized—\nwhere the thing is to be taken.\n","sortOrder":97},{"sectionNumber":"72F","sectionType":"section","heading":"Moving things to another place for examination or","content":"72F Moving things to another place for examination or\nprocessing under search warrant\n(1) A thing found at premises entered under a search warrant may be\nmoved to another place for examination or processing to decide\nwhether it may be seized under the warrant if—\n(a) both of the following apply:\n(i) there are reasonable grounds for believing that the thing is\nor contains something to which the warrant relates;\n(ii) it is significantly more practicable to do so having regard\nto the timeliness and cost of examining or processing the\nthing at another place and the availability of expert\nassistance; or\n(b) the occupier of the premises agrees in writing.\n(2) The thing may be moved to another place for examination or\nprocessing for not longer than 72 hours.\n(3) An authorised person may apply to a magistrate for an extension of\ntime if the authorised person believes on reasonable grounds that the\nthing cannot be examined or processed within 72 hours.\n(4) The authorised person must give notice of the application to the\noccupier of the premises, and the occupier is entitled to be heard on\nthe application.\n\n(5) If a thing is moved to another place under this section, the authorised\nperson must, if practicable—\n(a) tell the occupier of the premises the address of the place where,\nand time when, the examination or processing will be carried\nout; and\n(b) allow the occupier or the occupier’s representative to be present\nduring the examination or processing.\n(6) The provisions of this part relating to the issue of search warrants\napply, with any necessary changes, to the giving of an extension\nunder this section.\n","sortOrder":98},{"sectionNumber":"72G","sectionType":"section","heading":"Access to things seized","content":"72G Access to things seized\nA person who would, apart from the seizure, be entitled to inspect a\nthing seized under this part may—\n(a) inspect the thing; and\n(b) photograph the thing; and\n(c) if the thing is a document—take extracts from, or make copies\nof, the thing.\n","sortOrder":99},{"sectionNumber":"72H","sectionType":"section","heading":"Return of things seized","content":"72H Return of things seized\n(1) A thing seized under this part must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) an infringement notice for an offence connected with the thing\nis not served on the owner within 1 year after the day of the\nseizure and either—\n(i) a prosecution for an offence connected with the thing is not\nbegun within the 1-year period; or\n\n(ii) a prosecution for an offence connected with the thing is\nbegun within the 1-year period but the court does not find\nthe offence proved; or\n(b) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nthe infringement notice is withdrawn and—\n(i) a prosecution for an offence connected with the thing is not\nbegun within 1 year after the day of the seizure; or\n(ii) a prosecution for an offence connected with the thing is\nbegun within 1 year after the day of the seizure but the\ncourt does not find the offence proved; or\n(c) an infringement notice for an offence connected with the thing\nis served on the owner within 1 year after the day of the seizure,\nliability for the offence is disputed in accordance with the\nMagistrates Court Act 1930, section 132 (Disputing liability for\ninfringement notice offence) and—\n(i) an information is not laid in the Magistrates Court against\nthe person for the offence within 60 days after the day\nnotice is given under that section; or\n(ii) the Magistrates Court does not find the offence proved.\n(2) If anything seized under this part is not required to be returned or\nreasonable compensation is not required to be paid under\nsubsection (1), the thing—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ndirector-general directs.\n\nMiscellaneous Division 7.3\n","sortOrder":100},{"sectionNumber":"72I","sectionType":"section","heading":"Damage etc to be minimised","content":"72I Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this part, an\nauthorised person must take all reasonable steps to ensure that the\nauthorised person, and any person assisting the authorised person,\ncauses as little inconvenience, detriment and damage as is practicable.\n(2) If an authorised person, or a person assisting an authorised person,\ndamages anything in the exercise or purported exercise of a function\nunder this part, the authorised person must give written notice of the\nparticulars of the damage to the person whom the authorised person\nbelieves on reasonable grounds is the owner of the thing.\n(3) If the damage happens at premises entered under this part in the\nabsence of the occupier, the notice may be given by leaving it secured\nin a conspicuous place at the premises.\n","sortOrder":101},{"sectionNumber":"72J","sectionType":"section","heading":"Compensation for exercise of enforcement powers","content":"72J Compensation for exercise of enforcement powers\n(1) A person may claim compensation from the Territory if the person\nsuffers loss or expense because of the exercise, or purported exercise,\nof a function under this part by—\n(a) an authorised person; or\n(b) a person assisting an authorised person.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against this Act brought against the person making\nthe claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n\nPreliminary Division 8.1A\n","sortOrder":102},{"sectionNumber":"Div 8","sectionType":"division","heading":"1A Preliminary","content":"Division 8.1A Preliminary\n","sortOrder":103},{"sectionNumber":"73","sectionType":"section","heading":"Exempt conduct—pt 8","content":"73 Exempt conduct—pt 8\nFor an offence under this part, a person’s conduct is exempt conduct\nif—\n(a) the person’s conduct is undertaken in accordance with 1 of the\nfollowing:\n(i) a fisheries licence;\n(ii) a fisheries management plan;\n(iii) a cultural resource management plan;\n(iv) a native species conservation plan; or\n(b) the person is an authorised person exercising a function under\nmentioned in this section (see Criminal Code, s 58).\n","sortOrder":104},{"sectionNumber":"74","sectionType":"section","heading":"Taking fish for sale without licence etc","content":"74 Taking fish for sale without licence etc\n(1) A person commits an offence if the person takes fish from public\nwaters with the intention of—\n(a) selling the fish; or\n(b) processing the fish for sale.\nMaximum penalty: 100 penalty units, imprisonment for 12 months\n(2) This section does not apply to a person if the person’s conduct is\nexempt conduct.\n\n","sortOrder":105},{"sectionNumber":"75","sectionType":"section","heading":"Taking fish contrary to licence","content":"75 Taking fish contrary to licence\n(1) The holder of a fisheries licence commits an offence if—\n(a) the licence holder takes a fish; and\n(b) the fisheries licence does not permit the holder to take the fish.\n(2) Subsection (1) does not apply if—\n(a) the licence holder unintentionally takes the fish; and\n(b) the licence holder immediately returns the fish to the waters\nfrom which it was taken with the least possible injury.\n","sortOrder":106},{"sectionNumber":"76","sectionType":"section","heading":"Importing or exporting live fish without authority","content":"76 Importing or exporting live fish without authority\n(a) the person imports a live fish into, or exports a live fish from,\nthe ACT; and\n(b) the person does not—\n(i) hold a licence authorising the import or export; or\n(ii) have the conservator’s written approval for the import or\nexport.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(a) the person is the holder of a licence authorising the import of\nlive fish into, or the export of live fish from, the ACT; and\n\nUnauthorised activities Division 8.1\n(b) the person imports a live fish into, or exports a live fish from,\nthe ACT; and\n(c) the import or export is not authorised by the licence.\n(3) This section does not apply to—\n(a) fish bought from a registered fish dealer for human\nconsumption; or\n(b) fish of an exempt species; or\n(c) a person if the person’s conduct is exempt conduct.\n(4) An offence against subsection (2) is a strict liability offence.\n","sortOrder":107},{"sectionNumber":"76A","sectionType":"section","heading":"Trafficking in commercial quantity of fish of priority","content":"76A Trafficking in commercial quantity of fish of priority\nspecies\n(a) traffics in a commercial quantity of fish of a priority species; and\n(b) does not hold a licence authorising the trafficking.\n(a) the person receives or processes the fish for personal or domestic\nconsumption; and\n(b) the fish was received from a licensed supplier.\nmentioned in s (2) (see Criminal Code, s 58).\n\n","sortOrder":108},{"sectionNumber":"76B","sectionType":"section","heading":"Taking commercial quantity of fish of priority species","content":"76B Taking commercial quantity of fish of priority species\nA person commits an offence if the person—\n(a) takes a commercial quantity of fish of a priority species; and\n(b) does not hold a licence authorising the taking.\n","sortOrder":109},{"sectionNumber":"76C","sectionType":"section","heading":"Possessing commercial quantity of fish of priority","content":"76C Possessing commercial quantity of fish of priority\nspecies\n(a) possesses a commercial quantity of fish of a priority species; and\n(b) does not hold a licence authorising the possession.\n(a) the person received the fish for personal or domestic\nconsumption; and\n(b) the fish was received from a licensed supplier.\nmentioned in s (2) (see Criminal Code, s 58).\n\nUnauthorised activities Division 8.1\n","sortOrder":110},{"sectionNumber":"77","sectionType":"section","heading":"Possessing fish obtained illegally","content":"77 Possessing fish obtained illegally\nA person commits an offence if—\n(a) the person possesses a fish; and\n(b) the fish was—\n(i) imported into the ACT in contravention of section 76; or\n(ii) taken in contravention of a law of the Commonwealth, a\nState or another Territory.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n","sortOrder":111},{"sectionNumber":"78","sectionType":"section","heading":"Noxious fish","content":"78 Noxious fish\n(1) A person commits an offence if the person possesses noxious fish.\n(2) A person commits an offence if the person traffics noxious fish.\n(3) Subsection (1) does not apply if the person is authorised to possess\nthe fish by a permit or group exemption under the Biosecurity\nAct 2023.\n\n","sortOrder":112},{"sectionNumber":"79","sectionType":"section","heading":"Release of fish","content":"79 Release of fish\n(a) the person releases a live fish into public waters; and\n(b) the person does not hold a licence authorising the release of the\nfish.\n(a) the fish was taken from public waters; and\n(b) the fish is released to the waters from which it was taken; and\n(c) releasing the fish does not contravene a fishing closure.\n","sortOrder":113},{"sectionNumber":"80","sectionType":"section","heading":"Fishing closure offences","content":"80 Fishing closure offences\n(a) a fishing closure is in force for waters; and\n(b) the person contravenes the fishing closure.\n(3) This section does not apply if the person’s conduct is exempt conduct.\n\nGeneral offences Division 8.2\n","sortOrder":114},{"sectionNumber":"81","sectionType":"section","heading":"Prohibited size and weight offences","content":"81 Prohibited size and weight offences\n(a) the person takes a fish from public waters; and\n(b) the fish is of size or weight that is prohibited under a declaration\nunder section 15 (Declaration of fish of prohibited size and\nweight).\n(2) Subsection (1) does not apply if—\n(a) except for taking the fish, the person’s conduct does not\ncontravene this Act; and\n(b) the person immediately returns the fish to the waters from which\nit was taken with the least possible injury.\n(3) A person commits an offence if the person possesses a fish that—\n(a) was taken from public waters; and\n(b) is of size or weight that is prohibited under a declaration under\nsection 15.\n(4) An offence against subsection (3) is a strict liability offence.\n","sortOrder":115},{"sectionNumber":"82","sectionType":"section","heading":"Offence—exceed quantity limit","content":"82 Offence—exceed quantity limit\n(1) This section applies to a species of fish if a declaration under\nsection 16 (Declaration of fish quantity) is in force in relation to the\nspecies.\n(2) A person commits an offence if the person takes, in a day, more fish\nof the species than the quantity allowed under the declaration.\n\n","sortOrder":116},{"sectionNumber":"82A","sectionType":"section","heading":"Offence—exceed possession limit","content":"82A Offence—exceed possession limit\n(1) A person commits an offence—\n(a) if the person possesses an amount of fish of a particular species;\nand\n(b) the amount of fish is more than the possession limit.\n(3) This section does not apply if the person’s conduct is exempt conduct.\n","sortOrder":117},{"sectionNumber":"83","sectionType":"section","heading":"Beheading or filleting fish","content":"83 Beheading or filleting fish\n(1) A person must not behead or fillet a fish in or beside public waters.\n(3) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that the defendant beheaded or filleted the fish\nfor immediate consumption.\n","sortOrder":118},{"sectionNumber":"84","sectionType":"section","heading":"Use of live fin fish as bait etc","content":"84 Use of live fin fish as bait etc\n(1) A person must not—\n(a) use live fin fish as bait; or\n(b) be in or beside public waters in possession of live fin fish for use\nas bait.\n\nOffences in relation to fishing gear Division 8.3\n","sortOrder":119},{"sectionNumber":"85","sectionType":"section","heading":"Use of fishing gear generally","content":"85 Use of fishing gear generally\n(a) the person uses fishing gear to take fish from public waters; and\n(b) any of the following applies:\n(i) the person is not within 10m of the gear;\n(ii) the person cannot see the gear at all times;\n(iii) the person is not permitted to take fish under this Act from\nwaters using the fishing gear.\n","sortOrder":120},{"sectionNumber":"86","sectionType":"section","heading":"Non-permitted fishing gear","content":"86 Non-permitted fishing gear\n(a) the person uses fishing gear in or beside public waters; and\n(b) the use of the fishing gear is not permitted by a declaration under\nsection 17 (Declaration of fishing gear).\n(i) in or beside public waters; and\n(ii) in possession of fishing gear; and\n(b) the use of the fishing gear is not permitted by a declaration under\nsection 17.\n\n","sortOrder":121},{"sectionNumber":"86A","sectionType":"section","heading":"Offence—use prohibited gear","content":"86A Offence—use prohibited gear\n(a) the person uses fishing gear in waters; and\n(b) the gear is prohibited fishing gear.\n(i) in or beside waters; and\n(ii) in possession of fishing gear; and\n(b) the gear is prohibited fishing gear.\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":122},{"sectionNumber":"86B","sectionType":"section","heading":"Offence—prohibited gear retail display","content":"86B Offence—prohibited gear retail display\n(a) the person displays fishing gear for sale by retail; and\n(b) the gear is prohibited fishing gear; and\n(c) the person does not display a retail display sign.\n\nOffences in relation to fishing gear Division 8.3\nretail display sign means a sign—\n(a) containing the following statement:\n‘Use of this fishing gear is restricted/prohibited in\nthe ACT’; and\n(b) placed prominently so that it can be seen and read easily by a\nperson at or near the display; and\n(c) with the statement on the sign printed in—\n(i) a colour that contrasts with the background colour of the\nsign; and\n(ii) Arial bold typeface in a size not less than 50 point.\n","sortOrder":123},{"sectionNumber":"87","sectionType":"section","heading":"Use and possession of commercial fishing gear","content":"87 Use and possession of commercial fishing gear\n(a) uses commercial fishing gear in or beside public waters; and\n(b) does not hold a licence authorising the use of the gear.\n(i) in or beside public waters; and\n(ii) in possession of commercial fishing gear; and\n(b) does not hold a licence authorising the use of the gear.\n(3) An offence against subsection (2) is a strict liability offence.\n\n(4) For this section, a person is taken to use or be in possession of\ncommercial fishing gear if, but only if, the person uses or is in\npossession of—\n(a) a number of lines more than the number determined by the\nMinister in writing; or\n(b) a number of nets more than the number determined by the\nMinister in writing; or\n(c) a net larger than the size determined by the Minister in writing;\nor\n(d) other equipment determined by the Minister in writing.\n(5) A determination under subsection (4) is a disallowable instrument.\n","sortOrder":124},{"sectionNumber":"88","sectionType":"section","heading":"Meaning of aquatic habitat","content":"88 Meaning of aquatic habitat\naquatic habitat—\n(a) means a habitat in public waters; and\n(b) includes—\n(i) water, soil, stones, fallen timber and vegetation; and\n(ii) anything else prescribed by regulation.\nhabitat—see the Nature Conservation Act 2014, dictionary.\n","sortOrder":125},{"sectionNumber":"88A","sectionType":"section","heading":"Spawning areas and aquatic habitat","content":"88A Spawning areas and aquatic habitat\n(a) does something that disturbs or damages spawn or spawning fish\nin public waters; and\n\nProtection of aquatic habitats Division 8.4\n(b) does not have the conservator’s written approval to do the thing.\n(a) damages or disturbs part of an aquatic habitat; and\n(b) does not have the conservator’s written approval.\n(3) A person commits an offence if the person—\n(a) damages or disturbs critical habitat; and\n(b) does not have the conservator’s written approval.\n\nPart 10 Notification and review of decisions\nPart 10 Notification and review of\ndecisions\n107 Meaning of reviewable decision—pt 10\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":126},{"sectionNumber":"108","sectionType":"section","heading":"Reviewable decision notices","content":"108 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":127},{"sectionNumber":"108A","sectionType":"section","heading":"Applications for review","content":"108A Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\n","sortOrder":128},{"sectionNumber":"109","sectionType":"section","heading":"Delegation","content":"109 Delegation\nThe conservator may delegate the conservator’s functions under this\nAct to a conservation officer or authorised person.\nNote For the making of delegations and the exercise of delegated functions,\nsee Legislation Act, pt 19.4.\n","sortOrder":129},{"sectionNumber":"110","sectionType":"section","heading":"Acts and omissions of representatives","content":"110 Acts and omissions of representatives\n(1) In this section:\nperson means an individual.\nNote See the Criminal Code, pt 2.5 for provisions about corporate criminal\nresponsibility.\nrepresentative, of a person, means an employee or agent of the\nperson.\nstate of mind, of a person, includes—\n(a) the person’s knowledge, intention, opinion, belief or purpose;\nand\n(b) the person’s reasons for the intention, opinion, belief or purpose.\n(2) This section applies to a prosecution for any offence against this Act.\n(3) If it is relevant to prove a person’s state of mind about an act or\nomission, it is enough to show—\n(a) the act was done or omission made by a representative of the\nperson within the scope of the representative’s actual or\napparent authority; and\n(b) the representative had the state of mind.\n\n(4) An act done or omitted to be done on behalf of a person by a\nrepresentative of the person within the scope of the representative’s\nactual or apparent authority is also taken to have been done or omitted\nto be done by the person.\n(5) However, subsection (4) does not apply if the person establishes that\nreasonable precautions were taken and appropriate diligence was\nexercised to avoid the act or omission.\n(6) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (3) or (4).\n","sortOrder":130},{"sectionNumber":"111","sectionType":"section","heading":"Criminal liability of executive officers","content":"111 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\n\nrelevant offence means an offence against any of the following:\n(a) section 36O (Offence—fail to keep records);\n(b) section 45 (Sale of fish by commercial fishers);\n(c) section 49 (2) (Aquaculture offences);\n(d) section 76 (2) (Importing or exporting live fish without\nauthority);\n(e) section 76A (Trafficking in commercial quantity of fish of\npriority species);\n(f) section 76B (Taking commercial quantity of fish of priority\nspecies);\n(g) section 76C (Possessing commercial quantity of fish of a\npriority species);\n(h) section 77 (Possessing fish obtained illegally);\n(i) section 78 (Noxious fish);\n(j) section 80 (1) (Fishing closure offences);\n(k) section 81 (1) (Prohibited size and weight offences);\n(l) section 86 (1) (Non-permitted fishing gear);\n(m) section 87 (1) (Use and possession of commercial gear).\n","sortOrder":131},{"sectionNumber":"111A","sectionType":"section","heading":"Evidentiary certificates","content":"111A Evidentiary certificates\n(1) The conservator may give a signed certificate—\n(a) stating that on a stated date, or during a stated period, a stated\nperson was or was not a licensee; and\n(b) if the person was a licensee—including details of the person’s\nfisheries licence.\n\n(2) A certificate under this section is evidence of the matters stated in it.\n(3) Unless the contrary is proved, a document that purports to be a\ncertificate under this section is taken to be a certificate.\n","sortOrder":132},{"sectionNumber":"112","sectionType":"section","heading":"Production of licences","content":"112 Production of licences\n(1) A licensee commits an offence if—\n(a) a conservation officer or fisheries officer requests that the\nlicensee produce their licence for inspection at the officer’s\noffice; and\n(b) the licensee does not comply with the request within 2 working\ndays after the day the request is made.\n","sortOrder":133},{"sectionNumber":"113","sectionType":"section","heading":"Minister’s guidelines","content":"113 Minister’s guidelines\n(1) The Minister may make guidelines (the Minister’s guidelines) about\nthe exercise of the conservator’s functions in relation to the\nfollowing:\n(a) the granting of a fisheries licence involving a significant\nactivity;\n(b) the conditions that the conservator may impose on a fisheries\nlicence involving a significant activity;\n(c) the considerations the conservator must have in deciding\nwhether to register an applicant for a fish dealer’s registration.\n(2) The conservator must comply with the Minister’s guidelines.\n(3) A Minister’s guideline is a disallowable instrument.\n\nsignificant activity, in relation to a fisheries licence, means—\n","sortOrder":134},{"sectionNumber":"113A","sectionType":"section","heading":"Conservator guidelines","content":"113A Conservator guidelines\n(1) The conservator may make guidelines (the conservator guidelines)\nabout the following:\n(a) the exercise of the conservator’s functions under this Act;\n(b) matters relating to fisheries licences (except for fisheries\nlicenses involving a significant activity);\n(c) the conservation and management of fisheries;\n(d) any other matters prescribed by regulation.\n(2) The conservator guidelines may apply, adopt or incorporate an\ninstrument as in force from time to time.\n(3) A conservator guideline is a notifiable instrument.\n(4) The Legislation Act, section 47 (6) does not apply in relation to an\ninstrument applied, adopted or incorporated as in force from time to\ntime under this section.\nNote An instrument applied, adopted or incorporated under this section does\nnot need to be notified under the Legislation Act because s 47 (6) does\nnot apply (see Legislation Act s 47 (7)).\n(5) In this section:\nsignificant activity, in relation to a fisheries licence, means—\n\n","sortOrder":135},{"sectionNumber":"114","sectionType":"section","heading":"Determination of fees","content":"114 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":136},{"sectionNumber":"116","sectionType":"section","heading":"Regulation-making power","content":"116 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) The regulations may make provision in relation to—\n(a) the sale, transport, storage, processing and handling of fish; and\n(b) the keeping of records for activities mentioned in paragraph (a);\nand\n(c) the prevention of damage to a place where fish spawn or are\nlikely to spawn; and\n(d) the administration of licences.\n(3) The regulations may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n10 penalty units for offences against the regulations.\n\n","sortOrder":137},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\nSchedule 1 Reviewable decisions\n(see pt 10)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 22 refuse to issue recreational\ngroup licence\napplicant for licence\n2 30 refuse to issue fisheries licence applicant for licence\n3 31 issue licence with conditions applicant for licence\n4 36 (2) amend licence licensee\n5 36 (3) issue amended licence with\nconditions\nlicensee\n6 36A refuse to issue replacement\nfisheries licence\nlicensee\n7 36H (3) take regulatory action licensee\n8 36I (2) suspend licence licensee\n9 39 refuse to register fish dealer applicant for registration\n10 41 suspend fish dealer’s licence entity that has registration\nsuspended\n11 42 cancel fish dealer’s licence entity that has registration\ncancelled\n\n(see s 4)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• conservator of flora and fauna\n• contravene\n• disallowable instrument\n• document\n• function\n• home address\n• magistrate\n• Magistrates Court\n• penalty unit (see s 133)\n• power\n• reviewable decision notice.\nabalone means blacklip and greenlip abalone and includes all other\nspecies of abalone.\naquaculture—see section 46.\naquatic habitat—see section 88.\nauthorised person—\n(a) means a fisheries officer; and\n(b) includes—\n(i) a conservation officer; and\n(ii) a police officer.\nauthorised person’s direction—see section 72.\nboat means any kind of vessel, however navigated.\n\ncommercial quantity of fish of a priority species means the quantity\nprescribed by regulation as a commercial quantity of the fish.\nconservation officer—see the Nature Conservation Act 2014,\ndictionary.\nconservator means the conservator of flora and fauna.\nconservator guidelines means a guideline made under section 113A.\ncorresponding law means a law of a State that regulates fisheries.\ncritical habitat means aquatic habitat, or a part of aquatic habitat,\ndeclared as critical habitat under section 18A.\ncritical habitat declaration—see section 18A (1).\ncultural resource management plan—see the Nature Conservation\nAct 2014, dictionary.\nenvironment—see the Environment Protection Act 1997, dictionary.\nexempt conduct, for part 8 (Offences)—see section 73.\nexempt species means a species of fish declared to be an exempt\nspecies under section 18.\nexempt species declaration—see section 18 (1).\nfin fish means a marine, estuarine or freshwater fish of the class\npisces.\nfish means marine, estuarine or freshwater fish or other aquatic\nanimal life, or any of their parts, at any stage of their history (whether\nalive or dead), and includes—\n(a) abalone, oysters and other aquatic molluscs; and\n(b) crustaceans; and\n(c) echinoderms; and\n(d) beachworms and other aquatic polychaetes;\n\nbut does not include—\n(e) reptiles; and\n(f) birds; and\n(g) amphibians.\nfish dealer means a person who receives fish, for resale or other\ncommercial use, from a person whom they know or suspect or ought\nto know or suspect to be a commercial fisher, but does not include a\nperson who receives fish only for the purpose of transporting them on\nbehalf of the owner of the fish.\nfisheries licence—see section 19.\nfisheries licence register—see section 36M.\nfisheries management plan—see section 5.\nfisheries officer means a person appointed under section 50.\nfishing closure—see section 13.\nfishing gear means equipment, other than a vehicle or boat, used for\ntaking fish.\nfish of a priority species means—\n(a) abalone; and\n(b) Murray Cod; and\n(c) rock lobster; and\n(d) fish of any other species prescribed by regulation as a priority\nspecies.\nground for regulatory action—see section 36F.\nidentity card means—\n(a) in relation to a fisheries officer—an identity card issued to the\nperson under section 51; or\n\n(b) in relation to a conservation officer—an identity card issued to\nthe person under the Nature Conservation Act 2014, section 29;\nor\n(c) in relation to a police officer—proof of identification of a type\napproved for general purposes by the chief police officer.\ninformation direction—see section 64 (2).\nlease—see the Planning Act 2023, section 257.\nlicensee means the holder of—\n(a) a fisheries licence; or\n(b) a recreational group licence.\nnet includes anything attached to a net.\nnoxious fish means a species of fish declared to be noxious under\nsection 14.\noccupier, of a place, for division 7.1 (Powers for places)—see\nsection 53.\npossession includes having a thing in the custody of someone else.\npossession limit—see section 16A.\npremises includes—\n(a) land (whether vacant or occupied); and\n(b) a vehicle; and\n(c) a vessel.\nprivate waters means—\n(a) waters on private land that are not public waters; and\n(b) waters under an aquaculture licence.\nprocessing means break up, can, chill, cook, cut up, freeze, pack,\npreserve, purge, shell, shuck, skin or otherwise treat or process fish.\n\npublic waters—\n(a) means—\n(i) waters on public land; and\n(ii) a waterway; and\n(iii) waters of a dam, water storage or other control structure\nsituated on a waterway; but\n(b) does not include waters under an aquaculture licence.\nreceive fish, means receive fish from someone else, whether by\npurchase or otherwise, for any purpose other than—\n(a) personal or domestic consumption; or\n(b) transportation.\nrecreational group licence—see section 20.\nregistered means registered under this Act.\nregulatory action—see section 36G.\nreviewable decision, for part 10 (Notification and review of\ndecisions)—see section 107.\nrock lobster means an animal of the genus Jasus.\nsell includes—\n(a) sell by wholesale, retail, auction or tender; and\n(b) barter or exchange; and\n(c) supply for profit; and\n(d) offer for sale, receive for sale or expose for sale; and\n(e) consign or deliver for sale; and\n(f) have in possession for sale; and\n(g) cause or allow anything mentioned in paragraphs (a) to (f) to be\ndone.\n\nspecies, of fish, includes a subspecies, domesticated forms or hybrids\nof a species.\nstop vehicle direction—see section 67 (2).\nsuitability information—\n(a) about a person, for part 4 (Fisheries licences)—see section 24;\nor\n(b) about an activity, for part 4 (Fisheries licences)—see section 27.\nsuitable activity, for a fisheries licence, for part 4 (Fisheries\nlicences)—see section 26.\nsuitable person, to hold a fisheries licence, for part 4 (Fisheries\nlicences)—see section 23.\ntake means to gather, catch, kill or remove fish from an aquatic\nhabitat.\ntraffic, in fish, includes the following:\n(a) sell the fish;\n(b) possess or gain possession or control of the fish with the\nintention of selling any of it;\n(c) receive the fish;\n(d) process the fish.\ntreatment direction—see section 72B.\nurgent direction—see section 70 (2).\nvehicle—see the Road Transport (General) Act 1999, dictionary.\nwaters means public waters and private waters.\nwaterway—see the Water Resources Act 2007, section 10.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":138},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nFisheries Act 2000 A2000-38\nnotified 20 July 2000 (Gaz 2000 No 29)\ns 1, s 2 commenced 20 July 2000 (IA s 10B)\nremainder commenced 13 September 2000 (Gaz 2000 No 35)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 155\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 155 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nLegislation Amendment Act 2002 A2002-11 pt 2.22\nnotified LR 27 May 2002\ns 1, s 2 commenced 27 May 2002 (LA s 75)\npt 2.22 commenced 28 May 2002 (s 2 (1))\nStatute Law Amendment Act 2002 A2002-30 pt 3.29\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 3.29 commenced 17 September 2002 (s 2 (1))\nStatute Law Amendment Act 2003 A2003-41 sch 3 pt 3.12\nnotified LR 11 September 2003\ns 1, s 2 commenced 11 September 2003 (LA s 75 (1))\namdt 3.266, amdt 3.269 commenced 10 December 2003 (s 2 (3))\nsch 3 pt 3.12 remainder commenced 9 October 2003 (s 2 (1))\nCriminal Code (Theft, Fraud, Bribery and Related Offences)\nAmendment Act 2004 A2004-15 sch 1 pt 1.16, sch 2 pt 2.37\nnotified LR 26 March 2004\ns 1, s 2 commenced 26 March 2004 (LA s 75 (1))\nsch 1 pt 1.16, sch 2 pt 2.37 commenced 9 April 2004 (s 2 (1))\nCriminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.21\nnotified LR 27 October 2005\ns 1, s 2 commenced 27 October 2005 (LA s 75 (1))\nsch 1 pt 1.21 commenced 24 November 2005 (s 2)\n\nLegislation history 3\nFisheries Amendment Act 2006 A2006-48\nnotified LR 28 November 2006\ns 1, s 2 commenced 28 November 2006 (LA s 75 (1))\nremainder commenced 29 November 2006 (s 2)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.46\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.46 commenced 12 April 2007 (s 2 (1))\nACT Civil and Administrative Tribunal Legislation Amendment\nAct 2008 (No 2) A2008-37 sch 1 pt 1.43\nnotified LR 4 September 2008\ns 1, s 2 commenced 4 September 2008 (LA s 75 (1))\nsch 1 pt 1.43 commenced 2 February 2009 (s 2 (1) and see ACT Civil\nand Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)\nStatute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.32\nnotified LR 26 November 2009\ns 1, s 2 commenced 26 November 2009 (LA s 75 (1))\nsch 3 pt 3.32 commenced 17 December 2009 (s 2)\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.3\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\npt 1.3 commenced 22 February 2013 (s 2)\nNature Conservation Act 2014 A2014-59 sch 2 pt 2.7\nnotified LR 11 December 2014\ns 1, s 2 commenced 11 December 2014 (LA s 75 (1))\nsch 2 pt 2.7 commenced 11 June 2015 (s 2 (1) and LA s 79)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.28\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.28 commenced 14 October 2015 (s 2)\n\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.15\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.15 commenced 23 October 2018 (s 2 (4))\nFisheries Legislation Amendment Act 2019 A2019-27 pt 2\nnotified LR 2 October 2019\ns 1, s 2 commenced 2 October 2019 (LA s 75 (1))\npt 2 commenced 18 November 2019 (s 2 and CN2019-17)\nPlanning and Environment Legislation Amendment Act 2020\nA2020-22 pt 5\nnotified LR 10 June 2020\ns 1, s 2 commenced 10 June 2020 (LA s 75 (1))\npt 5 commenced 11 June 2020 (s 2)\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.18\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.18 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.16\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.16 commenced 24 August 2022 (s 2)\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.27\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.27 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nBiosecurity Legislation Amendment Act 2024 A2024-11 sch 2 pt 2.7,\nsch 3 pt 3.6\nnotified LR 19 April 2024\ns 1, s 2 commenced 19 April 2024 (LA s 75 (1))\nsch 2 pt 2.7, sch 3 pt 3.6 commenced 15 May 2025 (s 2 and see\nBiosecurity Act 2023 A2023-50, s 2 (2))\n\nLegislation history 3\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.43, sch 4\npt 4.77\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.43, sch 4 pt 4.77 commenced 16 November 2025\n(s 2 (1), (9))\nEnvironment Legislation Amendment Act 2025 A2025-28 pt 7\nnotified LR 12 November 2025\ns 1, s 2 commenced 12 November 2025 (LA s 75 (1))\npt 7 commenced 26 November 2025 (s 2)\n\nCommencement\ns 2 om R1 LRA\nObjects\ns 3 am A2007-3 amdt 3.244; A2019-27 s 4, s 5\nNotes\ns 4A ins A2005-54 amdt 1.143\nOffences against Act—application of Criminal Code etc\ns 4B ins A2005-54 amdt 1.143\nFisheries management plan\npt 2 hdg sub A2019-27 s 6\nMeaning of fisheries management plan\ns 5 sub A2019-27 s 6\nPreparation and public consultation\ns 6 sub A2001-44 amdt 1.1746; A2019-27 s 6\nApproval of plan\ns 7 sub A2001-44 amdt 1.1746\nam A2003-41 amdt 3.260; A2015-33 amdt 1.87\nMinister to approve plan\ns 8 sub A2001-44 amdt 1.1746; A2019-27 s 6\nFormal changes to draft plan\ns 8A ins A2001-44 amdt 1.1746\nam A2015-33 amdt 1.88\nom A2019-27 s 6\nMinister’s direction to revise plan\ns 9 am A2001-44 amdt 1.1747\nMinor amendments to plan\ns 10 sub A2019-27 s 6\nReview of plan\ns 11 sub A2019-27 s 6\nFisheries management plan—conservator to implement\ns 12 am A2001-44 amdt 1.1748, amdt 1.1749\n\nFishing closures and declarations\npt 3 hdg sub A2001-44 amdt 1.1750\nFishing closures\ns 13 am A2001-44 amdt 1.1751, amdt 1.1752\nsub A2019-27 s 7\nDeclaration of noxious fish\ns 14 am A2001-44 amdt 1.1753, amdt 1.1754; A2019-27 s 8;\nDeclaration of fish of a prohibited size or weight\ns 15 am A2001-44 amdt 1.1755, amdt 1.1756; A2019-27 s 8;\nDeclaration of fish quantity\ns 16 am A2001-44 amdt 1.1757, amdt 1.1758; A2019-27 s 8;\nDeclaration of possession limit\ns 16A ins A2019-27 s 9\nam A2020-22 s 13; A2025-29 amdt 4.77\nDeclaration of fishing gear\ns 17 am A2001-44 amdt 1.1759, amdt 1.1760; A2019-27 s 10;\nDeclaration of exempt species\ns 18 om A2001-44 amdt 1.1761\nins A2019-27 s 11\nDeclaration of critical habitat\ns 18A ins A2019-27 s 11\nFisheries licences\npt 4 hdg sub A2019-27 s 12\nLicences—preliminary\ndiv 4.1 hdg sub A2019-27 s 12\nMeaning of fisheries licence\ns 19 am A2006-48 s 4\nMeaning of recreational group licence\ns 20 sub A2019-27 s 12\nLicences—application and suitability\ndiv 4.2 hdg sub A2019-27 s 12\n\nApplication\ns 21 sub A2019-27 s 12\nRecreational group licence application\ns 22 sub A2019-27 s 12\nPriority species licences\ns 22A ins A2006-48 s 5\nom A2019-27 s 12\nWho is a suitable person to hold a fisheries licence—pt 4\ns 23 sub A2001-44 amdt 1.1762\nam A2003-41 amdt 3.261\nMeaning of suitability information about a person—pt 4\ns 24 am A2003-41 amdt 3.262\nam A2024-11 amdt 3.11; A2025-28 s 19\nSuitability of people—further information about people\ns 25 sub A2019-27 s 12\nWhat is a suitable activity for a fisheries licence?\ns 26 am A2002-30 amdt 3.373; A2014-59 amdt 2.22\nWhat is suitability information about an activity?\ns 27 sub A2019-27 s 12\nam A2024-11 amdt 2.18, amdt 2.19\nSuitability of activities—further information about activity\ns 28 am A2002-30 amdt 3.373; A2006-48 s 6; A2014-59\namdts 2.23-2.25\nIssue of priority species licences—relevant considerations\ns 28A ins A2006-48 s 7\nam A2014-59 amdt 2.26\nom A2019-27 s 12\nSuitability of activities—risk management plan\ns 29 am A2006-48 s 8\nLicences—decision\ndiv 4.3 hdg ins A2019-27 s 12\nLicence—decision on application\ns 30 sub A2019-27 s 12\n\nLicence—conditions\ns 31 am A2003-41 amdt 3.262\nLicence—term\ns 32 sub A2019-27 s 12\nLicence—form\ns 33 am A2003-41 amdt 3.262\nLicences—amendment\ndiv 4.4 hdg ins A2019-27 s 12\nLicence—amendment initiated by conservator\ns 34 am A2002-30 amdt 3.373; A2003-41 amdt 3.262; A2014-59\namdt 2.27\nLicence—application to amend licence\ns 35 sub A2019-27 s 12\nLicence—decision on application to amend licence\ns 36 sub A2019-27 s 12\nLicence—replacing when lost, stolen or destroyed\ns 36A ins A2019-27 s 12\nLicence—surrender\ns 36B ins A2019-27 s 12\nam A2021-12 amdt 3.39\nOffence—fail to notify change of name or address\ns 36C ins A2019-27 s 12\nLicence—conservator to change name and address\ns 36D ins A2019-27 s 12\nLicences—regulatory action\ndiv 4.5 hdg ins A2019-27 s 12\nApplication—div 4.5\ns 36E ins A2019-27 s 12\nLicence—grounds for regulatory action\ns 36F ins A2019-27 s 12\nLicence—regulatory action\ns 36G ins A2019-27 s 12\nLicence—taking regulatory action\ns 36H ins A2019-27 s 12\n\nLicence—immediate suspension\ns 36I ins A2019-27 s 12\nLicence—effect of suspension\ns 36J ins A2019-27 s 12\nOffence—fail to return amended, suspended or cancelled licences\ns 36K ins A2019-27 s 12\nAction by conservator in relation to amended or suspended licence\ns 36L ins A2019-27 s 12\nLicence—register\ndiv 4.6 hdg ins A2019-27 s 12\nFisheries licence register\ns 36M ins A2019-27 s 12\nLicence register—correction and keeping up-to-date\ns 36N ins A2019-27 s 12\nOffence—fail to keep records\ns 36O ins A2019-27 s 12\nFish dealers to be registered\ns 37 sub A2005-54 amdt 1.144\nApplications for registration\ns 38 sub A2001-44 amdt 1.1763\nam A2003-41 amdt 3.263; A2021-12 amdt 3.39; A2025-29\namdt 4.77\nSuspension of registration\ns 41 am A2003-41 amdt 3.264; A2019-27 s 13\nCancellation of registration\ns 42 am A2019-27 s 14\nRegister of dealers\ns 43 am A2022-14 amdt 3.94, amdt 3.95\nSale of fish by commercial fishers\ns 45 sub A2005-54 amdt 1.145\nAquaculture\npt 6 hdg sub A2019-27 s 15\nKeeping records and giving information\ndiv 6.1 hdg om A2019-27 s 15\n\nMeaning of aquaculture\ns 46 hdg sub A2006-48 s 9\ns 46 am A2001-44 amdt 1.1764, amdt 1.1765\nsub A2005-54 amdt 1.146\nam A2006-48 ss 10-12; ss renum R10 LA\nAquaculture guidelines\ns 47 hdg sub A2006-48 s 13\ns 47 sub A2005-54 amdt 1.146\nam A2006-48 s 14; ss renum R10 LA\nAquaculture limit\ns 48 sub A2005-54 amdt 1.146; A2019-27 s 15\nAquaculture offences\ns 49 hdg sub A2006-48 s 15\ns 49 am A2003-41 amdt 3.264; A2005-54 amdt 1.147; A2006-48\nss 16-18; ss renum R10 LA\nPowers in relation to records\ndiv 6.2 hdg om A2019-27 s 15\nEnforcement\npt 7 hdg sub A2019-27 s 16\nConservation officer’s powers\npt 7 note ins A2002-11 amdt 2.44\nFisheries officers\ndiv 7.1A hdg ins A2019-27 s 17\nAppointment\ns 50 om A2004-15 amdt 2.85\nins A2019-27 s 17\nIdentity cards\ns 51 sub A2019-27 s 17\nFisheries officer must show identity card on exercising power\ns 52 am A2001-44 amdt 1.1766, amdt 1.1767\nsub A2019-27 s 17\nPower to enter premises\ns 54 sub A2019-27 s 18\nProduction of identity card\ns 54A ins A2019-27 s 18\n\nConsent to entry\ns 55 am A2019-27 ss 19-21\nRoutine inspection of business\ns 56 am A2019-27 s 22\nWarrants to enter\ns 57 am A2019-27 s 22\nWarrants—application made other than in person\ns 58 am A2018-33 amdt 1.27, amdt, 1.28; A2019-27 s 22\nGeneral powers on entry to premises\ns 59 sub A2019-27 s 23\nPowers on entry for routine inspection of business premises\ns 60 am A2003-41 amdt 3.265; A2019-27 s 24\nPowers on entry under a warrant\ns 61 am A2003-41 amdt 3.265; A2005-54 amdt 1.148;\nA2019-27 s 24\nIdentity cards must be produced\ns 62 om A2019-27 s 25\nEntry into waters, and along banks etc\ns 63 am A2019-27 s 26\nOther powers\ndiv 7.2 hdg sub A2019-27 s 27\nDirection to provide information\ns 64 sub A2005-54 amdt 1.149\nam A2009-49 amdt 3.73\nsub A2019-27 s 27\nOffence—fail to comply with information direction\ns 65 am A2005-54 amdt 1.150; ss renum A2005-54 amdt 1.151\nsub A2019-27 s 27\nImmediate information direction\ns 66 sub A2019-27 s 27\nDirection to stop vehicle containing fish etc\ns 67 sub A2019-27 s 27\nOffence—fail to comply with stop vehicle direction\ns 68 sub A2019-27 s 27\nDirection to remove gear from water\ns 69 sub A2019-27 s 27\n\nUrgent directions\ns 70 om A2004-15 amdt 2.85\nOffence—fail to comply with urgent direction\ns 71 om A2004-15 amdt 2.85\nAuthorised person’s directions\ns 72 om A2004-15 amdt 2.85\nOffence—fail to comply with authorised person’s direction\ns 72A ins A2019-27 s 27\nTreatment directions\ns 72B ins A2019-27 s 27\nOffence—fail to comply with treatment direction\ns 72C ins A2019-27 s 27\nPower to seize things\ns 72D ins A2019-27 s 27\nReceipt for things seized\ns 72E ins A2019-27 s 27\nMoving things to another place for examination or processing under search\nwarrant\ns 72F ins A2019-27 s 27\nAccess to things seized\ns 72G ins A2019-27 s 27\nReturn of things seized\ns 72H ins A2019-27 s 27\nam A2025-28 s 20\nMiscellaneous\ndiv 7.3 hdg sub A2019-27 s 27\nDamage etc to be minimised\ns 72I ins A2019-27 s 27\nCompensation for exercise of enforcement powers\ns 72J ins A2019-27 s 27\nOffences\npt 8 hdg sub A2005-54 amdt 1.152\nPreliminary\ndiv 8.1A ins A2019-27 s 27\n\nExempt conduct—pt 8\ns 73 om A2002-11 amdt 2.45\nins A2019-27 s 28\nUnauthorised activities\ndiv 8.1 hdg sub A2005-54 amdt 1.152\nTaking fish for sale without licence etc\ns 74 sub A2005-54 amdt 1.152; A2019-27 s 29\nTaking fish contrary to licence\ns 75 sub A2005-54 amdt 1.152; A2019-27 s 29\nImporting or exporting live fish without authority\ns 76 sub A2005-54 amdt 1.152\nam A2019-27 s 30, s 31\nTrafficking in commercial quantity of fish of priority species\ns 76A ins A2006-48 s 19\nTaking commercial quantity of fish of priority species\ns 76B ins A2006-48 s 19\nPossessing commercial quantity of fish of a priority species\ns 76C ins A2006-48 s 19\nPossessing fish obtained illegally\ns 77 sub A2005-54 amdt 1.152\nNoxious fish\ns 78 sub A2005-54 amdt 1.152; A2019-27 s 33\nam A2024-11 amdt 2.20\nRelease of fish\ns 79 sub A2005-54 amdt 1.152; A2019-27 ss 34-36\nGeneral offences\ndiv 8.2 hdg sub A2005-54 amdt 1.152\nFishing closure offences\ns 80 sub A2005-54 amdt 1.152; A2019-27 s 37\nProhibited size and weight offences\ns 81 sub A2005-54 amdt 1.152\nam A2019-27 s 38\nOffence—exceed quantity limit\ns 82 hdg sub A2019-27 s 39\ns 82 sub A2005-54 amdt 1.152\nam A2019-27 s 40, s 41\n\nOffence—exceed possession limit\ns 82A ins A2019-27 s 42\nBeheading or filleting fish\ns 83 sub A2005-54 amdt 1.152\nUse of live fin fish as bait etc\ns 84 sub A2005-54 amdt 1.152\nOffences in relation to fishing gear\ndiv 8.3 hdg sub A2005-54 amdt 1.152\nUse of fishing gear generally\ns 85 sub A2005-54 amdt 1.152\nam A2019-27 s 43\nNon-permitted fishing gear\ns 86 sub A2005-54 amdt 1.152\nam A2019-27 s 44, s 45\nOffence—use prohibited gear\ns 86A ins A2019-27 s 46\nOffence—prohibited gear retail display\ns 86B ins A2019-27 s 46\nUse and possession of commercial fishing gear\ns 87 sub A2005-54 amdt 1.152\nam A2019-27 s 47; A2025-29 amdt 4.77\nProtection of aquatic habitats\ndiv 8.4 hdg sub A2005-54 amdt 1.152\nMeaning of aquatic habitat\ns 88 am A2001-44 amdt 1.1768, amdt 1.1769\nsub A2005-54 amdt 1.152; A2019-27 s 48\nSpawning areas and aquatic habitat\ns 88A ins A2019-27 s 48\nSpawning areas\ns 89 am A2001-44 amdt 1.1768, amdt 1.1769\nom A2005-54 amdt 1.152\nInfringement notices for certain offences\npt 9 hdg om A2003-41 amdt 3.266\nInterpretation\ndiv 9.1 hdg om A2003-41 amdt 3.266\nDefinitions for pt 9\ns 90 om A2003-41 amdt 3.266\n\nInfringement and reminder notices\ndiv 9.2 hdg om A2003-41 amdt 3.266\nPurpose and effect of div 9.2\ns 91 om A2003-41 amdt 3.266\nService of infringement notices\ns 92 om A2003-41 amdt 3.266\nContents of infringement notices\ns 93 om A2003-41 amdt 3.266\nAdditional information in infringement notices\ns 94 om A2003-41 amdt 3.266\nTime for payment of infringement notice penalty\ns 95 om A2003-41 amdt 3.266\nExtension of time to pay penalty\ns 96 om A2003-41 amdt 3.266\nEffect of payment of infringement notice penalty\ns 97 om A2003-41 amdt 3.266\nApplication for withdrawal of infringement notice\ns 98 om A2003-41 amdt 3.266\nWithdrawal of infringement notice\ns 99 om A2003-41 amdt 3.266\nReminder notices\ns 100 om A2003-41 amdt 3.266\nContents of reminder notices\ns 101 om A2003-41 amdt 3.266\nAdditional information in reminder notices\ns 102 om A2003-41 amdt 3.266\nDisputing liability\ndiv 9.3 hdg om A2003-41 amdt 3.266\nDisputing liability for an infringement notice offence\ns 103 om A2003-41 amdt 3.266\nExtension of time to dispute liability\ns 104 om A2003-41 amdt 3.266\nProcedure if liability disputed\ns 105 om A2003-41 amdt 3.266\nMiscellaneous\ndiv 9.4 hdg om A2003-41 amdt 3.266\n\nEvidentiary certificates\ns 106 om A2003-41 amdt 3.266\nNotification and review of decisions\npt 10 hdg sub A2008-37 amdt 1.180\nMeaning of reviewable decision—pt 10\ns 107 sub A2008-37 amdt 1.180\nReviewable decision notices\ns 108 sub A2008-37 amdt 1.180\nApplications for review\ns 108A ins A2008-37 amdt 1.180\nDelegation\ns 109 sub A2003-41 amdt 3.267\nam A2019-27 s 49\nActs and omissions of representatives\ns 110 sub A2004-15 amdt 1.18\nCriminal liability of executive officers\ns 111 sub A2013-4 amdt 1.3\nam A2019-27 s 50, s 51; pars renum R18 LA; A2025-29\namdt 3.143\nEvidentiary certificates\ns 111A ins A2019-27 s 52\nam A2022-14 amdt 3.96\nProduction of licences\ns 112 sub A2005-54 amdt 1.153\nam A2019-27 s 53\nMinister’s guidelines\ns 113 sub A2001-44 amdt 1.1770\nam A2006-48 s 20; pars renum R10 LA\nsub A2019-27 s 54\nConservator guidelines\ns 113A ins A2019-27 s 54\nDetermination of fees\ns 114 sub A2001-44 amdt 1.1770\nam A2019-27 s 55; A2025-29 amdt 4.77\n\nApproved forms\ns 115 am A2001-44 amdt 1.1771, amdt 1.1772; A2003-41\namdt 3.268; A2019-27 s 55\nom A2021-12 amdt 3.40\nRegulation-making power\ns 116 sub A2001-44 amdt 1.1773\nam A2019-27 s 56; A2025-29 amdt 4.77\nRegulations prescribing infringement notice penalties\ns 117 om A2003-41 amdt 3.269\nRepeal\ns 118 om R1 LRA\nMeaning of commencement day for pt 12\ns 119 exp 31 December 2001 (s 120 (3))\nTransitional provisions and consequential amendments\npt 12 hdg om R3 LA\nPermits to take fish for scientific purposes\ns 120 exp 31 December 2001 (s 120 (3))\nAmendments of Nature Conservation Act\ns 121 om R1 LRA\nTransitional—Fisheries Legislation Amendment Act 2019\npt 13 hdg ins A2019-27 s 57\nDefinitions—pt 13\ns 122 ins A2019-27 s 57\nOld licences\ns 123 ins A2019-27 s 57\nOld licences—application\ns 124 ins A2019-27 s 57\nExpiry—pt 13\ns 125 ins A2019-27 s 57\nAmendments of the Nature Conservation Act 1980\nsch om R1 LRA\nReviewable decisions\nsch 1 ins A2008-37 amdt 1.181\nsub A2019-27 s 58\n\ndict am A2003-41 amdt 3.270; A2008-37 amdt 1.182, amdt 1.183;\nA2009-49 amdt 3.74\ndef abalone ins A2006-48 s 21\ndef aquaculture ins A2019-27 s 59\ndef aquatic habitat ins A2019-27 s 60\ndef authorised person ins A2019-27 s 60\ndef authorised person’s direction ins A2019-27 s 60\ndef commercial fishing licence ins A2003-41 amdt 3.271\nom A2019-27 s 61\ndef commercial quantity ins A2006-48 s 21\ndef conservation officer sub A2014-59 amdt 2.28\ndef conservator sub A2003-41 amdt 3.272\ndef conservator guidelines ins A2019-27 s 62\ndef critical habitat ins A2019-27 s 62\ndef critical habitat declaration ins A2019-27 s 62\ndef cultural resource management plan ins A2019-27 s 62\ndef custodian ins A2019-27 s 62\nom A2023-36 amdt 1.155\ndef determined fee om A2001-44 amdt 1.1774\ndef environment sub A2007-3 amdt 3.245\ndef executive officer om A2013-4 amdt 1.4\ndef exempt conduct ins A2019-27 s 62\ndef exempt species ins A2019-27 s 62\ndef exempt species declaration ins A2019-27 s 62\ndef fish dealer am A2022-14 amdt 3.97\ndef fisheries licence ins A2019-27 s 62\ndef fisheries licence register ins A2019-27 s 62\ndef fisheries management plan ins A2019-27 s 62\ndef fisheries officer ins A2019-27 s 62\ndef fish of a priority species ins A2006-48 s 21\nam A2019-27 s 63; pars renum R18 LA\ndef ground for regulatory action ins A2019-27 s 64\ndef identity card ins A2019-27 s 64\ndef import and export licence ins A2003-41 amdt 3.273\nom A2019-27 s 65\ndef information direction ins A2019-27 s 66\ndef lease ins A2019-27 s 66\nsub A2023-36 amdt 1.156\ndef licence sub A2003-41 amdt 3.274\nam A2006-48 s 22\nom A2019-27 s 67\ndef licensee sub A2019-27 s 68\ndef newspaper om A2015-33 amdt 1.89\ndef occupier ins A2003-41 amdt 3.275\ndef possession limit ins A2019-27 s 69\ndef premises ins A2019-27 s 69\n\ndef priority species licence ins A2006-48 s 23\nom A2019-27 s 70\ndef private waters sub A2019-27 s 71\ndef public waters sub A2019-27 s 71\ndef recreational group licence ins A2019-27 s 72\ndef register om A2019-27 s 73\ndef regulatory action ins A2019-27 s 74\ndef reviewable decision ins A2008-37 amdt 1.184\ndef rock lobster ins A2006-48 s 23\ndef scientific licence ins A2003-41 amdt 3.276\nom A2019-27 s 75\ndef stop vehicle direction ins A2019-27 s 76\ndef suitability information ins A2019-27 s 76\ndef suitable activity ins A2019-27 s 76\ndef suitable person ins A2019-27 s 76\ndef traffic ins A2019-27 s 76\ndef treatment direction ins A2019-27 s 76\ndef urgent direction ins A2019-27 s 76\ndef waterway ins A2019-27 s 76\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nNo and date\nEffective Last\namendment\nmade by\nfor\n30 Sept 2000\n30 Sept 2000–\n11 Sept 2001\nnot amended new Act\nR1 (RI)\n30 Sept 2000–\n11 Sept 2001\nnot amended reissue of printed\nversion\n30 Nov 2001\n12 Sept 2001–\n30 Dec 2001\nA2001-44 amendments by\nA2001-44\n10 Jan 2002\n31 Dec 2001–\nA2001-44 commenced expiry\n28 May 2002–\n16 Sept 2002\nA2002-11 amendments by\nA2002-11\n23 Sept 2002\n17 Sept 2002–\n8 Oct 2003\nA2002-30 amendments by\nA2002-30\n9 Oct 2003\n9 Oct 2003–\n9 Dec 2003\nA2003-41 amendments by\nA2003-41\n10 Dec 2003\n10 Dec 2003–\n8 Apr 2004\nA2003-41 amendments by\nA2003-41\n9 Apr 2004\n9 Apr 2004–\n23 Nov 2005\nA2004-15 amendments by\nA2004-15\n24 Nov 2005\n24 Nov 2005–\n28 Nov 2006\nA2005-54 amendments by\nA2005-54\n29 Nov 2006\n29 Nov 2006–\n11 Apr 2007\nA2006-48 amendments by\nA2006-48\n12 Apr 2007\n12 Apr 2007-\n1 Feb 2009\nA2007-3 amendments by\nA2007-3\n\n5 Earlier republications\nNo and date\nEffective Last\namendment\nmade by\nfor\nR12*\n2 Feb 2009\n2 Feb 2009–\n16 Dec 2009\nA2008-37 amendments by\nA2008-37\n17 Dec 2009\n17 Dec 2009–\n21 Feb 2013\nA2009-49 amendments by\nA2009-49\n22 Feb 2013\n22 Feb 2013–\nA2013-4 amendments by\nA2013-4\n11 June 2015–\n13 Oct 2015\nA2014-59 amendments by\nA2014-59\n14 Oct 2015\n14 Oct 2015–\n22 Oct 2018\nA2015-33 amendments by\nA2015-33\n23 Oct 2018\n23 Oct 2018–\n17 Nov 2019\nA2018-33 amendments by\nA2018-33\n18 Nov 2019\n18 Nov 2019–\nA2019-27 amendments by\nA2019-27\n11 June 2020–\nA2020-22 amendments by\nA2020-22\n23 June 2021–\n23 Aug 2022\nA2021-12 amendments by\nA2021-12\n24 Aug 2022\n24 Aug 2022–\n18 Nov 2023\nA2022-14 amendments by\nA2022-14\n19 Nov 2023\n19 Nov 2023–\n26 Nov 2023\nA2022-14 expiry of\ntransitional\nprovisions (pt 13)\n27 Nov 2023\n27 Nov 2023–\nA2023-36 amendments by\nA2023-36\n15 May 2025–\n15 Nov 2025\nA2024-11 amendments by\nA2024-11\n16 Nov 2025\n16 Nov 2025–\n25 Nov 2025\nA2025-28 amendments by\nA2025-29\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":139}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s operational scope has been expanded since its original form. Recent insertions broaden licensing and regulatory powers (comprehensive suitability tests and risk plans in pt 4, ss 19–36), create priority‑species offences with high penalties (ss 76A–76C), add possession limits and critical habitat declarations (ss 16A, 18A), and tighten enforcement and seizure powers (ss 54, 57–61, 72D–72H). The amendment history shows major package amendments (for example A2019-27 and later amending acts) that introduced many of these elements (see endnotes/amendment history)."},"complexity_factors":["Extensive delegated instruments and notifications: management plans, closures, declarations, conservator and Minister guidelines, fee determinations are disallowable or notifiable instruments (see ss 7(2), 13(2), 113, 113A, 114).","Detailed licensing regime with multi-step suitability tests, information notices, risk management plans and strict timelines (see ss 19–36, 25, 28, 29, 30(4)).","Broad enforcement powers including entry (consent, warrant, urgent entry), routine inspections, seizure, removal for processing, and directions (see ss 54–61, 56, 57–59, 72D–72F, 72F).","Range of officer powers to issue information, stop vehicles, urgent/authorised/treatment directions with strict liability offences and varying penalties (see ss 64–71, 72A–72C, 65, 68, 71).","Layered offence architecture from low‑level strict liability breaches to high‑penalty indictable offences for priority species and trafficking (see ss 36O, 74, 76, 76A–76C, 81).","Interplay with other Acts and external regulators (Criminal Code, Nature Conservation Act, Biosecurity Act, corresponding State laws) requiring cross‑statutory interpretation (see s 4B, ss 3, 24, dict entries).","Administrative review and tribunal pathway plus formal reviewable‑decision notices and registers (pt 10, ss 107–108, sch 1; fisheries licence register ss 36M–36N).","Detailed record keeping, registration and reporting duties for licensees and dealers that create ongoing compliance costs (see ss 36M, 36O, 37–44, 112)."],"plain_english_summary":"This Act sets out how fisheries in the ACT are run: it creates fisheries management plans, licensing rules for commercial and group recreational fishers, aquaculture rules, declarations (closures, size/possession limits, noxious/critical habitat), offences and penalties, and enforcement powers for authorised officers. It affects licence applicants and holders, commercial dealers, aquaculture operators, and anyone using public waters. The law gives the conservator and Minister significant decision-making discretion and imposes record‑keeping, compliance and penalty risks on operators that influence commercial choices and day‑to‑day fishing behaviour."},"kimi_summary":{"_metrics":{"completionTokens":891},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 2000 scope. Major expansions include: (1) 2019 amendments introduced recreational group licences, regulatory action frameworks, and critical habitat declarations; (2) 2006 amendments added priority species offences and commercial quantity thresholds; (3) 2024-2025 amendments integrated biosecurity considerations and updated planning law references. The original focus on basic licensing and closures has grown into a comprehensive environmental management regime with corporate liability, executive officer liability, and sophisticated enforcement powers."},"complexity_factors":["Multiple overlapping decision-makers (conservator, Minister, director-general) with different powers","Extensive cross-referencing to other ACT laws (Nature Conservation Act 2014, Biosecurity Act 2023, Criminal Code, etc.)","Nested suitability assessments for licences — person suitability, activity suitability, risk management plans","Detailed enforcement powers with multiple entry pathways (consent, warrant, emergency, routine inspection)","Strict liability offences throughout with specific defences and evidential burdens","Complex licensing hierarchy: standard licences, recreational group licences, fish dealer registration, aquaculture thresholds","Multiple reviewable decisions with ACAT appeal rights (Schedule 1)","Extensive dictionary with 40+ defined terms and signpost definitions"],"plain_english_summary":"The Fisheries Act 2000 (ACT) creates a framework to protect native fish, manage fisheries sustainably, and regulate who may fish and how—balancing conservation with recreational and limited commercial activity. It establishes planning, licensing, gear and catch rules, enforcement powers, and heavy penalties for serious offences.\n\nIt affects recreational and commercial fishers, fish dealers, aquaculture operators and anyone using ACT public waters—critical for safeguarding scarce local waterways and species like Murray Cod."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-act-2000","history":"/api/acts/fisheries-act-2000/history","analysis":"/api/acts/fisheries-act-2000/analysis","conflicts":"/api/acts/fisheries-act-2000/conflicts","importantCases":"/api/acts/fisheries-act-2000/important-cases","documents":"/api/acts/fisheries-act-2000/documents"}}