16Prohibited size fish

#### 16 Prohibited size fish 16 Prohibited size fish > > (1) A person who has prohibited size fish in the person’s possession is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or > > > > > > > (ii) 400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 1,000 penalty units for a first offence, or > > > > > > > (ii) 2,000 penalty units for a second or subsequent offence. > > > (2) A person who has prohibited size fish in the person’s possession, in circumstances of aggravation, is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 400 penalty units or imprisonment for 12 months (or both) for a first offence, or > > > > > > > (ii) 800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 2,000 penalty units for a first offence, or > > > > > > > (ii) 4,000 penalty units for a second or subsequent offence. > > > (3) A person who sells prohibited size fish is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 200 penalty units or imprisonment for 6 months (or both) for a first offence, or > > > > > > > (ii) 400 penalty units or imprisonment for 12 months (or both) for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 1,000 penalty units for a first offence, or > > > > > > > (ii) 2,000 penalty units for a second or subsequent offence. > > > (4) A person who sells prohibited size fish, in circumstances of aggravation, is guilty of an offence. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 400 penalty units or imprisonment for 12 months (or both) for a first offence, or > > > > > > > (ii) 800 penalty units or imprisonment for 18 months (or both) for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 2,000 penalty units for a first offence, or > > > > > > > (ii) 4,000 penalty units for a second or subsequent offence. > > > (5) For the purposes of subsections (2) and (4), a person has possession of prohibited size fish, or sells prohibited size fish, in circumstances of aggravation if— > > > > > (a) the prohibited size fish in possession or sold by the person are a priority species of fish, and > > > > > (b) the quantity of prohibited size fish in possession or sold by the person is a commercial quantity of that species of fish. > > **s 16:** Subst 2009 No 114, Sch 1 \[11\].