Document ID: chunk:federal_register_of_legislation:C2024C00644:section:47
Version: federal_register_of_legislation:C2024C00644
Segment Type: section
Provision Reference: s 47
Character Range: 157716–158451

47  Removing fish from traps etc.
 (1) A person shall not, in an area of Australian jurisdiction, remove fish from a net, trap or other equipment for the taking of fish.
Penalty: 50 penalty units or imprisonment for 2 years, or both.
 (2) Subsection (1) does not apply if the person is the owner of the net, trap or other equipment or is acting with the authority of the owner.
Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.
 (3) In subsection (1), strict liability applies to the physical element of circumstance, that the removal occurs in an area of Australian jurisdiction.
Note: For strict liability, see section 6.1 of the Criminal Code.