{"id":"tas:sr-2021-012","name":"Fisheries (Penalties) Regulations 2021","slug":"fisheries-penalties-regulations-2021","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"12 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182259,"registerId":"tas-tas:sr-2021-012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Fisheries (Penalties) Regulations 2021](/view/html/inforce/2026-04-12/sr-2021-012) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 2 March 2021.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***abalone*** has the same meaning as in the [Fisheries (Abalone) Rules 2017](/view/html/inforce/2026-04-12/sr-2009-151) ;\n> \n> > ***Act*** means the [Living Marine Resources Management Act 1995](/view/html/inforce/2026-04-12/act-1995-025) ;\n> \n> > ***commercial licence*** means a licence issued for commercial purposes;\n> \n> > ***first offence*** means a first offence against any fisheries regulation or fisheries rule;\n> \n> > ***fisheries regulation*** means a regulation made and in force under the Act;\n> \n> > ***fisheries rule*** means a rule made and in force under [Part 3](/view/html/inforce/2026-04-12/act-1995-025#HP3@EN) or [5](/view/html/inforce/2026-04-12/act-1995-025#HP5@EN) of the Act;\n> \n> > ***fish trap*** has the same meaning as in the [Fisheries (Scalefish) Rules 2015](/view/html/inforce/2026-04-12/sr-2015-068) ;\n> \n> > ***giant crab*** has the same meaning as in the [Fisheries (Giant Crab) Rules 2013](/view/html/inforce/2026-04-12/sr-2013-002) ;\n> \n> > ***level 1 offence*** means an offence that involves –\n> > \n> > > > (a) fewer than –\n> > > > \n> > > > > > (i) 10 rock lobsters; or\n> > > > > \n> > > > > > (ii) 2 giant crabs; or\n> > > > > \n> > > > > > (iii) 100 scallops; or\n> > > > > \n> > > > > > (iv) 5 sharks; or\n> > > > > \n> > > > > > (v) 20 abalone; or\n> > > > > \n> > > > > > (vi) 20 kilograms of abalone; or\n> > > > > \n> > > > > > (vii) 20 fish of any other species; or\n> > > \n> > > > (b) fewer than –\n> > > > \n> > > > > > (i) 3 rock lobster pots; or\n> > > > > \n> > > > > > (ii) 4 rock lobster rings; or\n> > > > > \n> > > > > > (iii) 3 fish traps; or\n> > > \n> > > > (c) less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;\n> \n> > ***level 2 offence*** means an offence that involves –\n> > \n> > > > (a) no fewer than –\n> > > > \n> > > > > > (i) 10 rock lobsters; or\n> > > > > \n> > > > > > (ii) 2 giant crabs; or\n> > > > > \n> > > > > > (iii) 100 scallops; or\n> > > > > \n> > > > > > (iv) 5 sharks; or\n> > > > > \n> > > > > > (v) 20 abalone; or\n> > > > > \n> > > > > > (vi) 20 kilograms of abalone; or\n> > > > > \n> > > > > > (vii) 20 fish of any other species; or\n> > > \n> > > > (b) no fewer than –\n> > > > \n> > > > > > (i) 3 rock lobster pots; or\n> > > > > \n> > > > > > (ii) 4 rock lobster rings; or\n> > > > > \n> > > > > > (iii) 3 fish traps; or\n> > > \n> > > > (c) not less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;\n> \n> > ***rock lobster*** has the same meaning as in the [Fisheries (Rock Lobster) Rules 2011](/view/html/inforce/2026-04-12/sr-2011-092) ;\n> \n> > ***rock lobster pot*** has the same meaning as in the [Fisheries (Rock Lobster) Rules 2011](/view/html/inforce/2026-04-12/sr-2011-092) ;\n> \n> > ***rock lobster ring*** has the same meaning as in the [Fisheries (Rock Lobster) Rules 2011](/view/html/inforce/2026-04-12/sr-2011-092) ;\n> \n> > ***scallop*** has the same meaning as in the [Fisheries (Scallop) Rules 2020](/view/html/inforce/2026-04-12/sr-2010-003) ;\n> \n> > ***second offence*** means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of one offence under any –\n> > \n> > > > (a) fisheries regulation; or\n> > > \n> > > > (b) fisheries rule; or\n> > > \n> > > > (c) section of the Act;\n> \n> > ***shark*** has the same meaning as in [Schedule 1 to the](/view/html/inforce/2026-04-12/sr-2015-068#JS1@EN) [Fisheries (Scalefish) Rules 2015](/view/html/inforce/2026-04-12/sr-2015-068) ;\n> \n> > ***third or subsequent offence*** means an offence against any fisheries regulation, or fisheries rule, committed by a person who has previously been convicted of 2 or more offences under any –\n> > \n> > > > (a) fisheries regulation; or\n> > > \n> > > > (b) fisheries rule; or\n> > > \n> > > > (c) section of the Act.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"References to applicable Grade penalties","content":"### 4 References to applicable Grade penalties\n\n> A reference in any fisheries regulation, fisheries rule or management plan to a fine not exceeding an applicable Grade penalty includes a reference to a fine of not less than the minimum specified for that penalty.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Penalties","content":"# Part 2 Penalties","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Grade 1 penalties","content":"### 5 Grade 1 penalties\n\n> The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 1 penalty is a fine of not less than one penalty unit and not more than 20 penalty units.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Grade 2 penalties","content":"### 6 Grade 2 penalties\n\n> The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 2 penalty is a fine of –\n> \n> > > (a) not less than one penalty unit and not more than 1 000 penalty units, for a first offence; or\n> > \n> > > (b) not less than 2 penalty units and not more than 1 000 penalty units, for a second offence; or\n> > \n> > > (c) not less than 5 penalty units and not more than 1 000 penalty units, for a third or subsequent offence.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Grade 3 penalties","content":"### 7 Grade 3 penalties\n\n> > (1)  The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 3 penalty is as follows:\n> > \n> > > > (a) for a level 1 offence –\n> > > > \n> > > > > > (i) a fine of not less than one penalty unit and not more than 5 penalty units, for a first offence; or\n> > > > > \n> > > > > > (ii) a fine of not less than 2 penalty units and not more than 100 penalty units, for a second offence; or\n> > > > > \n> > > > > > (iii) a fine of not less than 5 penalty units and not more than 200 penalty units or a term of imprisonment not exceeding 6 months, or both, for a third or subsequent offence;\n> > > \n> > > > (b) for a level 2 offence –\n> > > > \n> > > > > > (i) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or\n> > > > > \n> > > > > > (ii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or\n> > > > > \n> > > > > > (iii) a fine of not less than 10 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence;\n> > > \n> > > > (c) for any other offence –\n> > > > \n> > > > > > (i) a fine of not less than one penalty unit and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or\n> > > > > \n> > > > > > (ii) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or\n> > > > > \n> > > > > > (iii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence.\n> \n> > (2)  A reference in any fisheries regulation or fisheries rule to a fine not exceeding the applicable Grade 3 penalty includes a reference to a term of imprisonment as specified in that penalty.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 24 February 2021\n\nThese regulations are administered in the Department of Primary Industries, Parks, Water and Environment.","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available content, there is no evidence of scope change from the regulation's original intent. It appears to remain a straightforward penalty-setting instrument ancillary to Tasmania's fisheries legislation, unchanged since its commencement on 2 March 2021."},"complexity_factors":["The document as provided contains almost no substantive legislative content — only metadata and status information, making detailed analysis impossible","Penalty regulations of this type are generally straightforward in structure: they list offences and attach corresponding fine amounts","No amending instruments or cross-referencing complexity is visible in the provided text","Regulations of this kind typically operate as a simple schedule subordinate to a parent Act, requiring little independent interpretation"],"plain_english_summary":"This regulation sets the dollar penalties for breaches of Tasmania’s fisheries laws, giving enforceable fines for offences under the parent Acts. It affects commercial and recreational fishers, seafood industry participants and aquaculture operators — and matters because it turns legal prohibitions into practical, enforceable sanctions."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument confines itself to defining offence levels, grading penalties and setting penalty ranges and minima. The text does not introduce new categories of regulated activity or expand the Act's subject matter; it operationalises penalties for breaches of existing fisheries regulations and rules (regs 3–7)."},"complexity_factors":["Extensive defined terms and cross-references to other fisheries rules and the Act, requiring lookups across instruments (reg 3).","Numerical thresholds by species and gear (e.g. rock lobsters, giant crabs, scallops, pots, rings, traps) that determine whether an offence is level 1 or level 2 (reg 3).","Interaction between offence levels (level 1/2), Grade classifications (Grades 1–3) and repeat‑offence categories, which changes minimum and maximum penalties (reg 3; regs 5–7).","Escalating minima and the introduction of imprisonment for some Grade 3 offences on second and subsequent convictions, increasing sentencing complexity (regs 6–7).","A percentage‑based threshold for commercial licence holders (1% test) requires calculation of total catch to classify an offence, raising evidentiary and administrative burden (reg 3).","Clause treating references to an \"applicable Grade penalty\" as including the minimum specified introduces interpretive consequences for any cross‑referencing regulation or management plan (reg 4).","Wide ranges in maximum penalties (up to 5,000 penalty units and varying terms of imprisonment) that require case‑specific assessment of appropriate sanctions (regs 5–7)."],"plain_english_summary":"**What this instrument does.** These regulations fix the penalty framework for offences under fisheries regulations and rules: they define \"level 1\" and \"level 2\" offences by species, quantities and gear, and set Grade 1–3 penalty ranges (including minimum fines, maximum fines and, for some Grade 3 entries, possible imprisonment) (regs 3, 5–7).\n\n**Who it affects and why it matters.** The rules apply to recreational and commercial fishers, licence‑holders and operators who pay fines or face custody; penalties increase with the quantity involved and with prior convictions, creating escalating financial and criminal incentives to comply (regs 3, 6–7)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original purpose of establishing a standardized penalty framework for fisheries offences. It does not show evidence of significant scope creep beyond setting penalty amounts and definitions necessary to operationalize the grading system."},"complexity_factors":["15 defined terms in the interpretation section, many of which reference external regulations (5 other fisheries rules and the parent Act)","Nested definitional structure: 'level 1 offence' and 'level 2 offence' contain multi-tiered sub-paragraphs with 7+ specific quantity thresholds each","Cross-referencing web: Terms like 'abalone', 'rock lobster', 'giant crab' etc. are defined by reference to 5 separate external regulations, requiring readers to consult those instruments","Three-dimensional penalty matrix: Grade (1-3) × Offence level (1-2) × Offence history (first/second/third+) creates 15+ distinct penalty combinations","Dual penalty types: Mixture of fines (in penalty units) and imprisonment terms with 'or both' options","Cumulative offence counting: 'Second offence' and 'third or subsequent offence' definitions count convictions across ANY fisheries regulation, rule, or section of the Act—not just the same offence type"],"plain_english_summary":"This legislation sets out the fines and potential jail time for people who break Tasmania's fishing laws. It creates a penalty system with three 'Grades' of offences, where the punishment depends on how serious the offence is and whether the person has done it before.\n\n**Key points:**\n\n- **Grade 1 offences** (minor breaches): Fines between 1 and 20 penalty units (a penalty unit is a set dollar amount, roughly $180-$200 in Tasmania).\n\n- **Grade 2 offences** (moderate breaches): Fines up to 1,000 penalty units, with higher minimum fines for repeat offenders.\n\n- **Grade 3 offences** (serious breaches): These are split into two levels based on how much fish or gear was involved:\n  - **Level 1**: Smaller amounts (e.g., fewer than 10 rock lobsters, fewer than 3 lobster pots)\n  - **Level 2**: Larger amounts (e.g., 10+ rock lobsters, 3+ lobster pots, or 1%+ of a commercial catch)\n  \n  For Grade 3, repeat offenders face much higher fines and possible prison time (up to 2 years for third offences).\n\n**Who it affects:** Anyone fishing in Tasmanian waters—recreational fishers, commercial fishers, and seafood businesses. It works alongside other fishing rules by telling courts exactly what penalties apply when those rules are broken.\n\n**Why it matters:** It creates consistency in punishments across all fishing regulations. Instead of each fishing rule specifying its own penalty, they just reference a 'Grade' (1, 2, or 3), and this regulation sets the actual dollar amounts and jail terms. This makes the system clearer but also means penalties can be updated in one place rather than dozens of separate rules."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-penalties-regulations-2021","history":"/api/acts/fisheries-penalties-regulations-2021/history","analysis":"/api/acts/fisheries-penalties-regulations-2021/analysis","conflicts":"/api/acts/fisheries-penalties-regulations-2021/conflicts","importantCases":"/api/acts/fisheries-penalties-regulations-2021/important-cases","documents":"/api/acts/fisheries-penalties-regulations-2021/documents"}}