298Taking of abalone between sunset and sunrise prohibited

298 Taking of abalone between sunset and sunrise prohibited

(1) For the purposes of section 67(1) of the Act, the taking of any abalone in the period beginning at sunset on any day and ending at sunrise on the following day by any person, other than a person who is authorised to take abalone between those times under a general permit or an aquaculture licence, is prohibited.

A failure to comply with this prohibition is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies.

(2) A person who contravenes the prohibition in subregulation (1) is liable to a further penalty—

(a) in the case of a first offence, a penalty not exceeding 0·5 penalty units for each abalone taken; and

(b) in the case of a subsequent offence, a penalty not exceeding 1 penalty unit for each abalone taken.