Part 7Offences

Part 7—Offences Division 1—Offences relating to fishing activities 70—Prescribed fishing activities prohibited A person must not engage in a fishing activity of a prescribed class. (a) if the fishing activity involves fish of a priority species— (i) for a first offence—$10 000; (ii) for a second offence—$20 000; (iii) for a third or subsequent offence—$35 000; (i) for a first offence—$5 000; (ii) for a second offence—$10 000; (iii) for a third or subsequent offence—$20 000. Expiation fee: A fee determined in accordance with the regulations. 71—Taking, injuring etc aquatic mammals and protected species prohibited (1) A person must not— (a) take an aquatic mammal or aquatic resource of a protected species; or (b) injure, damage or otherwise harm an aquatic mammal or aquatic resource of a protected species. (a) if the offence involves an aquatic mammal— (i) in the case of a body corporate—$250 000; (ii) in the case of a natural person—$100 000 or imprisonment for 2 years; (i) for a first offence— (A) in the case of a body corporate—$50 000; (B) in the case of a natural person—$10 000; (ii) for a second or subsequent offence— (A) in the case of a body corporate—$100 000; (B) in the case of a natural person—$20 000. Expiation fee: In the case of an offence not involving an aquatic mammal—$500. (2) A person must not— (a) interfere with, harass or molest an aquatic mammal or aquatic resource of a protected species; or (b) cause or permit interference with, harassment or molestation of, an aquatic mammal or aquatic resource of a protected species. (a) if the offence involves an aquatic mammal— (i) in the case of a body corporate—$250 000; (ii) in the case of a natural person—$100 000 or imprisonment for 2 years; (i) for a first offence— (A) in the case of a body corporate—$50 000; (B) in the case of a natural person—$10 000; (ii) for a second or subsequent offence— (A) in the case of a body corporate—$100 000; (B) in the case of a natural person—$20 000. Expiation fee: In the case of an offence not involving an aquatic mammal—$500. (3) In proceedings for an offence against this section, it is a defence if the defendant proves— (a) that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or (b) that the act alleged to constitute the offence was authorised by or under some other Act or law. (4) Subsection (3)(a) does not apply in relation to a person who is charged with an offence under section 120(1) or (1a). 72—Sale, purchase or possession of aquatic resources without authority prohibited (1) Subject to this section, if a person sells or purchases an aquatic resource taken in waters to which this Act applies but not under an authority, the person is guilty of an offence. (i) if the offence involves the sale or purchase of fish of a priority species—$250 000; (i) if the offence involves the sale or purchase of fish of a priority species—$50 000 or imprisonment for 4 years; (ii) in any other case—$20 000 or imprisonment for 2 years. (2) Subject to this section, if a person sells or purchases, or has possession or control of— (a) an aquatic resource taken in contravention of this Act or a corresponding law; or (b) an aquatic resource of a protected species; or (c) an aquatic resource of a prescribed class, the person is guilty of an offence. (i) if the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$250 000; (i) if the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$50 000 or imprisonment for 4 years; (ii) in any other case—$20 000. (3) In proceedings for an offence against subsection (2)— (a) if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of sale; (b) if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control in circumstances in which it is reasonable to presume that the aquatic resources were taken by that person in waters to which this Act applies, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resources from such waters. (4) Regulations made for the purposes of subsection (2)(c) may prescribe a class of aquatic resource comprised of or including an aquatic resource taken elsewhere than in waters to which this Act applies. (5) In proceedings for an offence against this section, it is a defence if the defendant proves— (a) — (i) that the aquatic resources to which the proceedings relate— (A) were purchased from a person whose ordinary business was the selling of such aquatic resources; and (B) were purchased in the ordinary course of that business; or (ii) that the defendant did not take the aquatic resources in contravention of this Act or a corresponding law; and (b) that the defendant did not know, and had no reason to believe, that the aquatic resources were (as the case may be)— (i) aquatic resources taken in waters to which this Act applies but not under an authority; or (ii) aquatic resources taken in contravention of this Act or a corresponding law; or (iii) aquatic resources of a protected species; or (iv) aquatic resources of a prescribed class. (6) In proceedings for an offence against subsection (2) relating to aquatic resources of a class prescribed for the purposes of that subsection, if it is proved— (a) that the defendant was not— (i) the holder of an authority authorising the taking of aquatic resources of that class; or (ii) a registered fish processor; and (b) that the defendant sold or purchased or had possession or control of more than the prescribed quantity of aquatic resources of that class, the offence is proved unless the defendant establishes the defence under subsection (5). (7) Subsection (2) does not apply where a person has possession or control of an aquatic resource of a protected species pursuant to a permit issued by the Minister. (8) The Minister must not issue a permit for the purposes of subsection (7) unless of the opinion that it is in the public interest to do so. 73—Possession of prescribed quantity of aquatic resource in prescribed circumstances (1) A person must not, in prescribed circumstances, have in his or her possession a quantity of fish or other aquatic resource exceeding the quantity fixed by the regulations for the purposes of this section. (a) if the fishing activity involves fish of a priority species— (i) for a first offence—$10 000; (ii) for a second offence—$20 000; (iii) for a third or subsequent offence—$35 000; (i) for a first offence—$5 000; (ii) for a second offence—$10 000; (iii) for a third or subsequent offence—$20 000. (2) In proceedings for an offence against this section, it is a defence if the defendant proves that— (a) the fish or other aquatic resource was taken for a commercial purpose under an authority; or (b) the fish or other aquatic resource was kept under an aquaculture licence; or (c) the person has a prescribed defence. 74—Unauthorised trafficking in fish of priority species prohibited (1) A person must not, unless authorised to do so under this Act— (a) traffic in a commercial quantity of fish of a priority species; or (b) have possession or control of a commercial quantity of fish of a priority species. (a) in the case of a body corporate—$500 000; (b) in the case of a natural person—$100 000 or imprisonment for 4 years. (2) In proceedings for an offence against subsection (1), if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of trafficking. traffic in fish includes— (a) sell fish; and (b) take fish for sale; and (c) receive fish; and (d) process fish; and (e) engage in any act preparatory to an act referred to in a preceding paragraph. 75—Interference with lawful fishing activities prohibited (1) A person must not, without reasonable excuse— (a) obstruct or interfere with a lawful fishing activity; or (b) interfere with aquatic resources taken in the course of a lawful fishing activity. (2) If a person is obstructing or interfering with a lawful fishing activity in contravention of subsection (1), the person must, at the request of a person engaged in the lawful fishing activity, cease or discontinue the obstructive conduct or interference or remove the obstruction. (3) A court by which a person is found guilty of an offence against this section may, whether or not a penalty is imposed, order the defendant to pay to a person affected by the commission of the offence such compensation as the court considers proper for loss or damage suffered by that person as a result of the commission of the offence. 75A—Taking of cuttlefish in certain waters of Spencer Gulf (1) A person must not, except as authorised by a permit issued by the Minister, take cuttlefish (Sepia spp) in the waters of Spencer Gulf north of the line commencing at the Mean High Water Springs closest to 33°55′39.892″ South 136°34′20.163″ East (near Arno Bay) to the Mean High Water Springs closest to 33°55′39.896″ South 137°37′14.557″ East (Wallaroo Jetty). (2) In this section all lines in spatial descriptions are geodesics based on the Geocentric Datum of Australia 2020 (GDA2020) as defined in the determination under section 8A of the National Measurement Act 1960 of the Commonwealth for the recognised‑value standard of measurement of position, and all coordinates are expressed in terms of GDA2020. Division 2—Miscellaneous offences 76—Entering etc aquatic reserve, or engaging in fishing activity in aquatic reserve, without authorisation prohibited Except as authorised by the regulations or a permit issued by the Minister, a person must not— (a) enter or remain in an aquatic reserve; or (b) engage in a fishing activity in an aquatic reserve. 77—Disturbance of water beds, or removal or interference with animals or plants, in aquatic reserve without authorisation prohibited (1) Except as authorised by the regulations or a permit issued by the Minister, a person must not engage in an operation involving or resulting in— (a) disturbance of the bed of any waters forming part of an aquatic reserve; or (b) removal of or interference with aquatic or benthic animals or plants of any waters forming part of an aquatic reserve. (2) In subsection (1)— aquatic or benthic animals or plants includes mangroves but does not include a species of fin fish, shark, crustacean, mollusc, echinoderm, coelenterata or annelid prescribed for the purposes of this section. 78—Unauthorised activities relating to exotic organisms or noxious species prohibited (1) A person must not, except as authorised by a permit issued by the Minister— (a) bring, or cause to be brought, into the State; or (b) take from any waters; or (c) sell, purchase or deliver; or (d) have possession or control of, aquatic resources of a noxious species. (2) A person must not, except as authorised by a permit issued by the Minister— (a) release or permit to escape into any waters— (i) exotic fish; or (ii) aquaculture fish; or (iii) fish that have been kept apart from their natural habitat; or (b) deposit in any waters— (i) fish of a kind referred to in paragraph (a); or (ii) exotic aquatic plants. (a) in the case of a body corporate—$250 000; (3) The Minister must, before making a decision on an application for a permit that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister. Division 3—Temporary prohibition of certain fishing activities etc 79—Temporary prohibition of certain fishing activities etc (1) The Minister may, by notice in the Gazette— (a) declare that it is unlawful for a person to engage in a fishing activity of a specified class during a specified period; (b) declare that it is unlawful for a person to have possession or control of aquatic resources of a specified species during a specified period; (c) vary or revoke such a declaration. (2) A declaration under subsection (1) remains in force for a period, not exceeding 12 months, specified in the declaration and may be renewed once for a further period not exceeding 12 months. (3) The Minister must, on the request of the relevant Minister, make a declaration under subsection (1), or vary or revoke such a declaration, in relation to a fishing activity undertaken in respect of a specially protected area. (5) If a request is made under subsection (4), notice of the direction must be published in the Gazette as soon as practicable. (6) If, in the opinion of the Minister, it is necessary to take urgent action to safeguard public health or protect the aquatic resources of the State, the Minister, or a fisheries officer authorised by the Minister, may— (a) direct a person or persons of a specified class to not engage in a fishing activity of a specified class during a specified period; (b) vary or revoke such a direction. (7) A direction or authorisation under subsection (6) must be given in written form unless the Minister or fisheries officer considers that impracticable by reason of the urgency of the situation, in which case, it may be given orally. (8) If an authorisation is given orally, written notice of the authorisation must be given to the person to whom it relates as soon as practicable. (9) A person must not— (a) engage in a fishing activity in contravention of a declaration or direction under this section; or (b) have possession or control of aquatic resources in contravention of a declaration under this section. 79A—Permits (1) A permit issued by the Minister for the purposes of this Part— (a) is not transferable; and (b) is subject to such conditions as the Minister thinks fit and specifies in the permit. (2) The Minister may at any time, by written notice given to the holder of a permit, vary or revoke a condition of the authority, or impose a further condition. (3) The holder of a permit issued for the purposes of this Part must not contravene a condition of the permit. Part 8—Enforcement Division 1—Authorised persons Subdivision 1—Appointment of authorised persons 80—Appointment of fisheries officers, scientific observers and sea rangers (1) The Minister may appoint a suitable person to be a fisheries officer, scientific observer or sea ranger for the purposes of this Act. (2) A fisheries officer is not eligible for appointment as a scientific observer. (3) An appointment under subsection (1) may be made subject to conditions limiting the area within which, or the purposes for which, the appointee may exercise the powers of a fisheries officer, scientific observer or sea ranger (as the case may be). (4) The Minister must issue to an authorised person appointed under this section an identity card— (a) containing the person's name and a photograph of the person; and (b) specifying that the person is a fisheries officer, scientific observer or sea ranger (as the case may be) for the purposes of this Act; and (c) stating any limitation on the person's authority. (5) Subject to this Act, an authorised person appointed under this section must, at the request of a person in relation to whom the authorised person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card. (6) If a fisheries officer who is a police officer is not in uniform, the officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person his or her warrant card. (7) The Minister may, by written notice served on a person appointed as an authorised person under this section— (a) vary or revoke a condition of an appointment imposed under subsection (3); or (b) revoke the appointment and require the person to return immediately his or her identity card to the Minister. (8) A person must not fail or refuse to comply with a requirement of the Minister made under subsection (7)(b). Maximum penalty: $250.