134Selling and buying fish

134 Selling and buying fish

(1)  A person must not sell or buy any declared fish produced or taken at a registered private fishery –

(a) except for the purpose of fishing in accordance with the certificate of registration issued in respect of that fishery; or

(b) unless the fish have been taken by a purchaser in accordance with the certificate of registration issued in respect of that fishery.

Penalty:  Fine not exceeding 20 penalty units.

(2)  [Section 134 Subsection (2) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] A person must not take any fish for the purpose of sale unless the fish is taken in a licensed fish farm or under a commercial freshwater fishing licence.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not buy, sell or have possession of, other than in a registered private fishery or in a licensed fish farm, any –

(a) undersized freshwater fish; or

(b) unclean freshwater fish; or

(c) unseasonable freshwater fish.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person must not buy or sell any declared fish unless –

(a) if the fish is produced or taken at a licensed fish farm, the fish –

(i) are of a kind or species in respect of which the fish farm is licensed; and

(ii) have not been removed or escaped from the fish farm and liberated or escaped into any water that is not in a fish farm; or

(b) the fish is imported into the State in accordance with this Act; or

(c) [Section 134 Subsection (4) amended by No. 55 of 2002, Sched. 3, Applied:10 May 2003] the fish is taken under a commercial freshwater fishing licence.

Penalty:  [Section 134 Subsection (4) amended by No. 55 of 2002, s. 24, Applied:10 May 2003] Fine not exceeding 20 penalty units.