34JOffences

#### 34J Offences 34J Offences > > (1) A recreational fisher who is required by this Division to pay a fishing fee is guilty of an offence if the fisher fails to pay the fishing fee. > > > > Maximum penalty—20 penalty units. > > > (2) A recreational fisher who is required by this Division to pay a fishing fee is guilty of an offence if the fisher does not have an official receipt for the payment of the fishing fee in his or her immediate possession when taking fish from any waters. > > > > Maximum penalty—20 penalty units. > > > (3) For the purposes of proceedings under this section, a person who is in possession of fishing gear on, in or adjacent to any waters is presumed conclusively to be taking fish from those waters (even though the person takes or proposes to take fish only from other waters outside the State). The regulations may provide exemptions from this subsection. > > > (4) For the purposes of this section, a person has an official receipt in his or her immediate possession only if the person is able to immediately produce the official receipt if required. > > **s 34J:** Ins 2000 No 86, Sch 4 \[2\]. Am 2009 No 114, Sch 1 \[35\] \[36\].