TASIn ForceAct
Living Marine Resources Management Act 1995
264ATrafficking in fish
Start here
Get a plain-English read of 264A
Turn the raw legal text into a practical explanation grounded in Living Marine Resources Management Act 1995.
### 264A Trafficking in fish
> [*\[Section 264A Inserted by No. 7 of 2007, s. 75, Applied:30 Apr 2007\]*](/view/html/inforce/2007-04-30/act-2007-007#GS75@EN)
>
> > (1) A person must not traffic in fish without lawful excuse.
>
> > (2) For the purposes of [subsection (1)](#GS264A@Gs1@EN) , a person is taken to traffic in fish without lawful excuse if –
> >
> > > > (a) the fish have been taken unlawfully or possessed unlawfully; and
> > >
> > > > (b) on one or more occasions, the person –
> > > >
> > > > > > (i) possesses the fish; or
> > > > >
> > > > > > (ii) conceals the fish; or
> > > > >
> > > > > > (iii) processes the fish; or
> > > > >
> > > > > > (iv) sells or otherwise disposes of the fish; or
> > > > >
> > > > > > (v) receives or delivers the fish from or to another person; or
> > > > >
> > > > > > (vi) transports the fish from one place to another; or
> > > > >
> > > > > > (vii) otherwise deals with the fish; or
> > > > >
> > > > > > (viii) carries out any combination of the activities referred to in this paragraph.
>
> > (3) For the purposes of [subsection (2)](#GS264A@Gs2@EN) –
> >
> > > > (a) it does not matter whether the fish referred to in that subsection are all of one species or a mixture of different species; and
> > >
> > > > (b) a person is taken to have carried out an activity if the person –
> > > >
> > > > > > (i) carries out, or participates in the carrying out of, the activity; or
> > > > >
> > > > > > (ii) directs, controls or supervises the carrying out of the activity; or
> > > > >
> > > > > > (iii) provides finance, facilities or other resources to enable the activity to be carried out or to facilitate it; or
> > > > >
> > > > > > (iv) is knowingly concerned in the carrying out of the activity.