Living Marine Resources Management Act 1995
220Presumption of purpose of sale
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220 Presumption of purpose of sale
(1) In any proceedings for an offence under this Act, if it is proved that –
(a) any fish were on a fishing vessel; and
(b) the fish were taken by, or were in the possession of, any person on that vessel –
it is presumed that the person took or possessed the fish for the purpose of sale.
(2) In any proceedings for an offence under this Act, if it is proved that –
(a) any fish were at a place specified in a fish processing licence as a place at which fish may be processed under the licence; and
(b) the fish were in the possession of a person –
it is presumed that the person possessed the fish for the purpose of sale.
(3) In any proceedings for an offence under this Act, if it is proved that –
(a) any fish were at a place in, on or from which fish were normally sold or were sold during a period of 6 months before the offence was allegedly committed; and
(b) the fish were in the possession of a person, other than a customer –
it is presumed that the person possessed the fish for the purpose of sale.