QLDIn ForceAct
Fisheries Act 1994
sec.89BWhen a person engages in a trafficking activity for priority fish
Start here
Get a plain-English read of sec.89B
Turn the raw legal text into a practical explanation grounded in Fisheries Act 1994.
### sec.89B When a person engages in a trafficking activity for priority fish
For this subdivision, a person engages in a trafficking activity for a priority fish if—
a commercial quantity of the priority fish—
has been unlawfully taken; or
has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and
the person knows, or ought reasonably to know, the fish was unlawfully taken, or lawfully taken but not reported, as mentioned in paragraph (a) , whether or not the person took the fish; and
the person does any of the following in trade or commerce—
possesses all or some of the fish;
processes all or some of the fish;
sells all or some of the fish;
receives all or some of the fish from, or delivers all or some of the fish to, another person;
transports all or some of the fish from a place to another place;
otherwise deals with all or some of the fish;
does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .
In this section—
information requirement means—
an information requirement under section 118 (1) ; or
a requirement to give the chief executive information under a condition of an authority.
s 89B ins 2019 No. 6 s 54
(sec.89B-ssec.1) For this subdivision, a person engages in a trafficking activity for a priority fish if— a commercial quantity of the priority fish— has been unlawfully taken; or has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and the person knows, or ought reasonably to know, the fish was unlawfully taken, or lawfully taken but not reported, as mentioned in paragraph (a) , whether or not the person took the fish; and the person does any of the following in trade or commerce— possesses all or some of the fish; processes all or some of the fish; sells all or some of the fish; receives all or some of the fish from, or delivers all or some of the fish to, another person; transports all or some of the fish from a place to another place; otherwise deals with all or some of the fish; does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .
(sec.89B-ssec.2) In this section— information requirement means— an information requirement under section 118 (1) ; or a requirement to give the chief executive information under a condition of an authority.
- (a) a commercial quantity of the priority fish— (i) has been unlawfully taken; or (ii) has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and
- (i) has been unlawfully taken; or
- (ii) has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and
- (b) the person knows, or ought reasonably to know, the fish was unlawfully taken, or lawfully taken but not reported, as mentioned in paragraph (a) , whether or not the person took the fish; and
- (c) the person does any of the following in trade or commerce— (i) possesses all or some of the fish; (ii) processes all or some of the fish; (iii) sells all or some of the fish; (iv) receives all or some of the fish from, or delivers all or some of the fish to, another person; (v) transports all or some of the fish from a place to another place; (vi) otherwise deals with all or some of the fish; (vii) does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .
- (i) possesses all or some of the fish;
- (ii) processes all or some of the fish;
- (iii) sells all or some of the fish;
- (iv) receives all or some of the fish from, or delivers all or some of the fish to, another person;
- (v) transports all or some of the fish from a place to another place;
- (vi) otherwise deals with all or some of the fish;
- (vii) does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .
- (i) has been unlawfully taken; or
- (ii) has been lawfully taken but not reported to the chief executive as required under this Act, including, for example, by an information requirement; and
- (i) possesses all or some of the fish;
- (ii) processes all or some of the fish;
- (iii) sells all or some of the fish;
- (iv) receives all or some of the fish from, or delivers all or some of the fish to, another person;
- (v) transports all or some of the fish from a place to another place;
- (vi) otherwise deals with all or some of the fish;
- (vii) does a combination of 2 or more things mentioned in any of subparagraphs (i) to (vi) .
- (a) an information requirement under section 118 (1) ; or
- (b) a requirement to give the chief executive information under a condition of an authority.