sec.324Accidental taking of protected shark

sec.324 Accidental taking of protected shark

This section applies if— an authorised shark taker takes a protected shark in the course of an activity that is— carried out lawfully; and not directed towards taking the shark; and the taking could not reasonably have been avoided. The person must— if the shark is sick, injured or dead— as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or otherwise—return it to the waters from which it was taken. Maximum penalty—120 penalty units. A conservation officer may give a direction under subsection (2) (a) (ii) only if the direction is reasonable in the circumstances. In this section— authorised shark taker means a person who is authorised to take sharks under the Fisheries Act 1994 . (sec.324-ssec.1) This section applies if— an authorised shark taker takes a protected shark in the course of an activity that is— carried out lawfully; and not directed towards taking the shark; and the taking could not reasonably have been avoided. (sec.324-ssec.2) The person must— if the shark is sick, injured or dead— as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or otherwise—return it to the waters from which it was taken. Maximum penalty—120 penalty units. (sec.324-ssec.3) A conservation officer may give a direction under subsection (2) (a) (ii) only if the direction is reasonable in the circumstances. (sec.324-ssec.4) In this section— authorised shark taker means a person who is authorised to take sharks under the Fisheries Act 1994 .

• (a) an authorised shark taker takes a protected shark in the course of an activity that is— (i) carried out lawfully; and (ii) not directed towards taking the shark; and
• (i) carried out lawfully; and
• (ii) not directed towards taking the shark; and
• (b) the taking could not reasonably have been avoided.
• (i) carried out lawfully; and
• (ii) not directed towards taking the shark; and
• (a) if the shark is sick, injured or dead— (i) as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and (ii) if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or
• (i) as soon as practicable, notify a conservation officer about the shark and the circumstances in which the shark was taken; and
• (ii) if the officer directs the person to deal with the shark in a particular way—deal with the shark in the way directed; or