64ABFish at Christmas Island Airport

64AB Fish at Christmas Island Airport

(1) The following requirements apply to the possession of fish by a person in the area of Christmas Island Airport: (a) the maximum quantity of fish that a person may possess is 10 kg; (b) if the fish is finfish, it must: (i) have the skin attached; and (ii) be packaged flat; (c) the fish must be packaged so that it is easily accessible for identification; (d) if the fish is frozen, it must be able to be identified without being thawed. (2) A person in the area of Christmas Island Airport must not have any fish in the person’s possession that does not meet the requirements of subregulation (1).

Penalty: a fine of $3,000 and the penalty provided in section 222 of the Act.

(3) It is a defence in proceedings for an offence against subregulation (2) for the person charged to prove that: (a) the fish were taken for a commercial purpose in accordance with an authorisation; or (b) the fish were kept, bred, hatched, cultured or harvested in accordance with an aquaculture licence; or (c) the fish were taken under an authority to fish for scientific purposes issued under regulation 178. (4) In this regulation:

area of Christmas Island Airport means the land within Reserve No. 46221.

13 Subregulation 64E(3)

Repeal the subregulation (not including the penalty).

14 Subregulations 64F(1) and (2)

Repeal the subregulations, substitute:

(1) A person must not fish by means of using a fishing net, unless the person uses only one net at any one time and the net is: (a) a throw net that: (i) has a length not exceeding 3 m measured from the centre retrieval line to the lead line; and (ii) has a mesh of not more than 25 mm; or (b) a hand‑held landing net with a hoop or ring not exceeding 1 m in diameter.

15 At the end of Division 2 of Part 4A

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