35Possessing fish illegally taken

#### 35 Possessing fish illegally taken 35 Possessing fish illegally taken > > (1) A person who is in possession of fish which were illegally taken 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) It is a defence to a prosecution for an offence under this section if the person charged satisfies the court that the person could not reasonably have known that the fish had been illegally taken. > > > (3) In this section— > > > > illegally taken means taken in contravention of a provision of or made under— > > > > > (a) this Act, or > > > > > (b) a law of another State or Territory, or of the Commonwealth, relating to fisheries. > > **s 35:** Am 1997 No 153, Sch 5 \[11\] \[12\]; 2009 No 114, Sch 1 \[37\].