25Possession of illegal fishing gear

#### 25 Possession of illegal fishing gear 25 Possession of illegal fishing gear > > (1) A person who is in possession of any fishing gear in, on or adjacent to any waters is guilty of an offence if— > > > > > (a) the use by that person of that fishing gear for taking fish from those waters is, at that time, prohibited by or under this Act, or > > > > > (b) the taking of fish from those waters is, at that time, prohibited by or under this Act. > > > > 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 is on board a boat is taken to be in possession of any fishing gear found in the boat. > > > (3) It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the fishing gear was being transported, in accordance with the written authority of a fisheries officer, to waters where the person could lawfully take fish with that gear. > > > (4) It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the fishing gear was in his or her possession for a lawful purpose (including any purpose prescribed as lawful by the regulations). > > **s 25:** Am 2009 No 114, Sch 1 \[30\]; 2010 No 59, Sch 1.14 \[1\].