NSWIn ForceAct
Fisheries Management Act 1994
40SAuthority holder not to contravene quota
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#### 40S Authority holder not to contravene quota
40S Authority holder not to contravene quota
> > (1) A commercial fishing authority holder must not—
> >
> > > (a) take fish, or use a fishing method, in contravention of the commercial fishing authority holder’s quota, or
> >
> > > (b) cause or permit any agent of the commercial fishing authority holder to take fish, or use a fishing method, in contravention of the commercial fishing authority holder’s quota.
> >
> > Maximum penalty—1,000 penalty units (in the case of a corporation) or 500 penalty units (in any other case).
>
> > (2) An agent of a commercial fishing authority holder must not, while acting or purporting to act as agent for the commercial fishing authority holder—
> >
> > > (a) take fish, or cause or permit fish to be taken, in contravention of the commercial fishing authority holder’s quota, or
> >
> > > (b) use a fishing method, or cause or permit a fishing method to be used, in contravention of the commercial fishing authority holder’s quota.
> >
> > Maximum penalty—500 penalty units.
>
> > (3) To avoid doubt, a contravention of a quota includes the taking of fish, or the use of a fishing method, in excess of the quota for the relevant fishing period.
>
> > (4) In this section, an agent of a commercial fishing authority holder means—
> >
> > > (a) a nominated fisher of the commercial fishing authority holder, or
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> > > (b) any employee of the commercial fishing authority holder.
>
> **ss 40P–40T:** Ins 2015 No 59, Sch 1 \[21\].