44Offences relating to recreational fishing

44 Offences relating to recreational fishing S. 44(1) amended by No. 17/2002 s. 3(1), substituted by No. 51/2007 s. 7. (a) take or attempt to take fish from marine waters or inland waters; or (b) use or possess recreational fishing equipment in, on or next to Victorian waters— unless he or she is authorised to do so by a recreational fishery licence or is otherwise authorised under this Act. 1. If the offence involves the use of a recreational hoop net: 10 penalty units. In any other case: 5 penalty units. S. 44(2) inserted by No. 17/2002 s. 3(2), substituted by No. 51/2007 s. 7. (2) A person must comply with subsection (3) if the person claims to be the holder of a recreational fishery licence and the person— (a) takes or attempts to take fish from marine waters or inland waters; or (b) uses or possesses recreational fishing equipment in, on or next to Victorian waters. 1. 5 penalty units. S. 44(3) inserted by No. 17/2002 s. 3(2), amended by No. 37/2014 s. 10(Sch. item 65.2(a)). (3) An authorised officer or police officer may require a person to whom subsection (2) applies— (a) to produce the licence for inspection on demand immediately; or S. 44(3)(b) amended by No. 37/2014 s. 10(Sch. item 65.2(a)). (b) if the person does not have the licence in his or her possession, to produce the licence at a time within 7 days of the demand at a place stipulated by the authorised officer or police officer. S. 44(4) inserted by No. 17/2002 s. 3(2), amended by No. 37/2014 s. 10(Sch. item 65.2(b)). (4) If an authorised officer or a police officer directs a person to whom subsection (2) applies to produce a licence at a subsequent time and place, it is a sufficient compliance with the direction if the person sends by post to the authorised officer or police officer within 7 days after first returning to his or her place of residence after the demand is made— (a) the licence and a stamped addressed envelope for the return of the licence; or S. 44(4)(b) amended by Nos 69/2009 s. 54(Sch. Pt 2 item 22), 6/2018 s. 68(Sch. 2 item 56.1). (b) a copy of the licence certified to be a true copy by an authorised certifier within the meaning of the **Oaths and Affirmations Act 2018**. S. 44(5) inserted by No. 17/2002 s. 3(2), amended by Nos 37/2014 s. 10(Sch. item 65.2(c)), 6/2018 s. 68(Sch. 2 item 56.2). (5) The statement on oath or by affirmation of an authorised officer or a police officer that the holder of a licence failed to produce on demand on a specified day the licence and, having been directed to produce the licence to the authorised officer or police officer within 7 days thereafter, failed to produce the licence or to send by post the licence or a certified copy of the licence, is evidence until the contrary is proven, that the person was not the holder of a recreational fishery licence under the Act on that specified day. S. 45 substituted by No. 5/1997