11Application of this Act

11 Application of this Act

(1) This Act applies to any fish, fishing bait, protected aquatic biota or noxious aquatic species in Victoria, regardless of its origin.

(2) However, a person does not commit any offence under this Act by possessing or controlling any fish, fishing bait or protected aquatic biota that appears to be possessed or controlled, or to have been taken, contrary to this Act if he or she can prove that the fish, fishing bait or protected aquatic biota—

(a) was not taken in Victoria; and

(b) was taken in accordance with the law of the place where the fish, fishing bait or protected aquatic biota was taken.

(3) Subsection (2) does not absolve a person from complying with this Act with respect to any fish, fishing bait or protected aquatic biota that subsection (2) permits him or her to possess.

(4) A person does not commit any offence under this Act by unintentionally taking or possessing a fish or fishing bait (other than a fish or fishing bait of a noxious aquatic species) or protected aquatic biota if—

(a) the fish, fishing bait or protected aquatic biota is not killed or put into any container; and

(b) all reasonable steps are immediately taken to return the fish, fishing bait or protected aquatic biota to its natural habitat with the least possible injury or damage.

S. 11AA inserted by No. 67/2016 s. 29.

11AA Traditional owner agreement for natural resources

(1) If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to a member of the traditional owner group—

(a) who is bound by the agreement; and

(b) who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2) For the purpose of subsection (1) the following provisions are specified—

(a) section 53;

(b) section 68B;

(c) section 76;

(d) section 84;

(e) section 139.

S. 11AA(3) inserted by No. 38/2017 s. 61.

(3) For the purposes of this section—

(a) a reference in subsection (1) to this Act does not include a reference to the regulations; and

(b) to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.

S. 11A inserted by No. 108/2003 s. 24, amended by No. 22/2004 s. 6 (ILA s. 39B(1)).