Document ID: chunk:federal_register_of_legislation:C2010A00039:clause:2_46aa
Version: federal_register_of_legislation:C2010A00039
Segment Type: clause
Provision Reference: sch 2 cl 46AA
Character Range: 11765–13116

46AA  Offences relating to a fish receiver licence
 (1) This section relates to fish taken from:
 (a) the Protected Zone; or
 (b) an area of waters that is declared under subsection 15(1).
 (2) A person commits an offence if:
 (a) the person receives fish directly from another person; and
 (b) the fish were taken by the other person in circumstances that required the person to hold a commercial fishing licence, or a Treaty endorsement; and
 (c) the person intends:
 (i) to process the fish, other than for personal consumption or use; or
 (ii) to sell the fish; and
 (d) the person does not hold a licence that allows the person to receive fish under this Act.
Penalty: 50 penalty units.
 (3) A person receives fish directly from another person if the person receives the fish from:
 (a) the other person; or
 (b) someone else who has been engaged by the other person to transport the fish to the person.
 (4) A person commits an offence if:
 (a) the person holds a fish receiver licence; and
 (b) the person receives fish from someone who is not a commercial fisher; and
 (c) the person intends:
 (i) to process the fish, other than for personal consumption or use; or
 (ii) to sell the fish.
Penalty: 50 penalty units.

[Minister's second reading speech made in—
House of Representatives on 25 November 2009
Senate on 10 March 2010]
(240/09)