38Whitebait licence

38 Whitebait licence

(1)  A person must not take or possess whitebait without a whitebait licence.

Penalty:  In the case of –

(a) [Section 38 Subsection (1) amended by No. 45 of 2005, s. 4, Applied:24 Nov 2005] a first offence, a fine not less than 2 penalty units and not more than 5 penalty units together with a special penalty of 1 penalty unit for each kilogram of whitebait; and

(b) [Section 38 Subsection (1) amended by No. 45 of 2005, s. 4, Applied:24 Nov 2005] a subsequent offence, a fine not less than 5 penalty units and not more than 10 penalty units together with a special penalty of 1 penalty unit for each kilogram of whitebait.

(2)  A whitebait licence does not confer the right to sell any whitebait.

(2A)  [Section 38 Subsection (2A) inserted by No. 64 of 2007, s. 5, Applied:19 Dec 2007] A person who has not attained the age of 10 years is not eligible to hold a whitebait licence.

(3)  [Section 38 Subsection (3) amended by No. 101 of 1999, s. 9, Applied:01 Mar 2000] A person is to apply to a person authorised under subsection (5) for a whitebait licence in an approved form accompanied by the prescribed fee.

(4)  A whitebait licence is to –

(a) be in an approved form; and

(b) specify the full name and address of the holder of the licence; and

(c) specify the period for which it is in force; and

(d) be signed in ink by the holder of the licence.

(5)  [Section 38 Subsection (5) inserted by No. 101 of 1999, s. 9, Applied:01 Mar 2000] The Director may authorise a person to issue whitebait licences.

(6)  A person authorised under is to issue a whitebait licence to an applicant on receipt of the application and payment of the prescribed fee.