sec.77AExemptions for contravention of regulated fishing apparatus declaration

### sec.77A Exemptions for contravention of regulated fishing apparatus declaration Section 77 (1) does not apply to the sale, purchase, use or possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is used or to be used— in sporting activities, other than fishing; or indoor cricket and school sports, other than fishing to protect trees or collect fruit from trees; or for display or decorative purposes; or for use in shopfitting or as part of a restaurant’s decor for other purposes prescribed by regulation or declared by a declaration. Section 77 (1) does not apply to the possession of fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is stowed and secured in a boat lawfully passing through waters. Section 77 (1) does not apply to the possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the person possessing the apparatus— is a genuine maker, dealer in or repairer of fishing apparatus; or is a person acting for a person mentioned in paragraph (a) ; or is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus. In this section— stowed and secured has the meaning prescribed by regulation. s 77A ins 2006 No. 28 s 31 amd 2019 No. 6 s 49 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.77A-ssec.1) Section 77 (1) does not apply to the sale, purchase, use or possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is used or to be used— in sporting activities, other than fishing; or indoor cricket and school sports, other than fishing to protect trees or collect fruit from trees; or for display or decorative purposes; or for use in shopfitting or as part of a restaurant’s decor for other purposes prescribed by regulation or declared by a declaration. (sec.77A-ssec.2) Section 77 (1) does not apply to the possession of fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is stowed and secured in a boat lawfully passing through waters. (sec.77A-ssec.3) Section 77 (1) does not apply to the possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the person possessing the apparatus— is a genuine maker, dealer in or repairer of fishing apparatus; or is a person acting for a person mentioned in paragraph (a) ; or is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus. (sec.77A-ssec.4) In this section— stowed and secured has the meaning prescribed by regulation. - (a) in sporting activities, other than fishing; or Examples— indoor cricket and school sports, other than fishing - (b) to protect trees or collect fruit from trees; or - (c) for display or decorative purposes; or Examples— for use in shopfitting or as part of a restaurant’s decor - (d) for other purposes prescribed by regulation or declared by a declaration. - (a) is a genuine maker, dealer in or repairer of fishing apparatus; or - (b) is a person acting for a person mentioned in paragraph (a) ; or - (c) is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus.