83Use of chemical substances

83 Use of chemical substances

83 Use of chemical substances

(1) A person must not use a chemical substance for the purpose of taking, disturbing, injuring or otherwise harming fish in any waters.

Maximum penalty—100 penalty units.

(2) It is a defence to a prosecution for an offence under this clause if the person charged satisfies the court that the acts constituting the alleged offence were—

(a) authorised by a permit issued by the Australian Pesticides and Veterinary Medicines Authority for the purposes of the control or eradication of pest fish, or

(b) authorised under an aquaculture permit, or

(c) authorised under an approval granted under section 37 of the Act for research or scientific purposes, or

(d) a routine activity done for the purpose of cleaning a boat or keeping the boat free from barnacles or other fouling organisms.

(3) In this clause, a chemical substance is a substance or a mixture of substances that has the effect of stunning, disturbing, sedating or killing fish.