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Fisheries Act 1988
10Requirement for licence
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10 Requirement for licence
(1) A licence may authorise a person to do one or more of the following
things:
(a) take fish or aquatic life:
(i) for sale; or
(ii) for the purpose of aquaculture; or
(iii) for the purpose of exhibiting them for profit;
(b) undertake aquaculture;
(c) sell live fish or aquatic life;
(d) process for sale or sell dead fish or aquatic life;
(e) exhibit fish or aquatic life for profit;
(f) any other thing prescribed by regulation or a management
plan as being able to be done only under a licence.
(2) A person commits an offence if the person:
(a) takes fish or aquatic life with the intention of using it for a
purpose mentioned in subsection (1)(a); and
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(b) is not authorised by a licence to take the fish or aquatic life for
that purpose.
(3) A person commits an offence if the person:
(a) intentionally undertakes aquaculture; and
(b) is not authorised by a licence to do so.
(a) the person intentionally sells a thing; and
(b) the thing is live fish or aquatic life and the person is reckless in
(c) the person is not authorised by a licence to sell the thing.
(5) A person commits an offence if:
(a) the person intentionally processes for sale or sells a thing; and
(b) the thing is dead fish or aquatic life and the person is reckless
in relation to that circumstance; and
(c) the person is not authorised by a licence to process for sale or
sell the thing.
(6) A person commits an offence if:
(a) the person intentionally exhibits a thing for profit; and
(b) the thing is fish or aquatic life and the person is reckless in
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(c) the person is not authorised by a licence to exhibit the fish or
aquatic life for profit.
(b) the conduct is prescribed by regulation or a management plan
as being able to be done only under a licence and the person
is reckless in relation to that circumstance; and
(c) the person is not authorised by a licence to engage in the
conduct.
(8) Strict liability applies to subsections (2)(b), (3)(b), (4)(c), (5)(c),
(6)(c) and (7)(c).
(9) This section does not apply to a person who does a thing of a kind
prescribed by a regulation or management plan for this subsection.