7Grade 3 penalties

7 Grade 3 penalties

(1)  The penalty for an offence against any fisheries regulation or fisheries rule specified as a Grade 3 penalty is as follows:

(a) for a level 1 offence –

(i) a fine of not less than one penalty unit and not more than 5 penalty units, for a first offence; or

(ii) a fine of not less than 2 penalty units and not more than 100 penalty units, for a second offence; or

(iii) a fine of not less than 5 penalty units and not more than 200 penalty units or a term of imprisonment not exceeding 6 months, or both, for a third or subsequent offence;

(b) for a level 2 offence –

(i) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or

(ii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or

(iii) a fine of not less than 10 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence;

(c) for any other offence –

(i) a fine of not less than one penalty unit and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or

(ii) a fine of not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or

(iii) a fine of not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence.

(2)  A reference in any fisheries regulation or fisheries rule to a fine not exceeding the applicable Grade 3 penalty includes a reference to a term of imprisonment as specified in that penalty.

Displayed and numbered in accordance with the Rules Publication Act 1953.