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
Fisheries Act 1988 15 (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
Fisheries Act 1988 16 (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.