264ATrafficking in fish

264A Trafficking in fish

[Section 264A Inserted by No. 7 of 2007, s. 75, Applied:30 Apr 2007]

(1)  A person must not traffic in fish without lawful excuse.

(2)  For the purposes of subsection (1) , 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)  –

(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.