NTIn ForceAct
Fisheries Act 1988
40BUnauthorised trafficking in or possession of fish of priority
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40B Unauthorised trafficking in or possession of fish of priority
species
(a) the person intentionally traffics in fish; and
(b) the fish is fish of a priority species; and
(c) the number of fish trafficked is equal to or greater than a
commercial quantity of that species; and
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(d) the person is not authorised to traffic a commercial quantity of
that fish under this Act and is reckless in relation to that
(a) the person intentionally possesses or has control of fish; and
(b) the fish is fish of a priority species; and
(c) the number of fish possessed or controlled is equal to or
greater than a commercial quantity of that species; and
(d) the person is not authorised to possess or have control of a
commercial quantity of that fish under this Act and is reckless
in relation to that circumstance.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Absolute liability applies to subsections (1)(c) and (2)(c).
commercial quantity means a quantity prescribed by regulation for
this definition.
fish of a priority species means a species of fish prescribed by
regulation for this definition.
traffic, in fish, includes the following:
(a) sell fish;
(b) take fish for sale;
(c) receive fish;
(d) process fish;
(e) engage in any act preparatory to an act mentioned in
paragraph (a), (b), (c) or (d).
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