21BTrafficking in fish

21B Trafficking in fish

21B Trafficking in fish

(1) A person must not traffic in an indictable species of fish.

Maximum penalty—Imprisonment for 10 years.

(2) For the purposes of this Division, a person traffics in an indictable species of fish if—

(a) the person dishonestly takes, sells, receives or possesses fish of an indictable species, and

(b) the taking, selling, receiving or possession of the fish by the person contravenes another provision of this Act or of the regulations, and

(c) the quantity of fish of an indictable species taken, sold, received or possessed is not less than an indictable quantity of the species concerned.

(3) Any defence that is applicable to proceedings for an offence in respect of a contravention of another provision of this Act or of the regulations also applies to proceedings for an offence against this section in respect of the same contravention.

(4) A person may be found guilty of an offence against this section in relation to a contravention of another provision of this Act whether or not the person has been found guilty of an offence against another provision of this Act in relation to that contravention.

pt 2, div 2A (ss 21A–21C): Ins 2009 No 114, Sch 1 [28].