Document ID: chunk:federal_register_of_legislation:C2004A00815:clause:1_38cb
Version: federal_register_of_legislation:C2004A00815
Segment Type: clause
Provision Reference: sch 1 cl 38CB
Character Range: 5278–6294

38CB  Permission requirements to be observed for fishing—zoned area

 (1) A person is guilty of an offence if:
 (a) under a zoning plan, a zone may be used or entered for the purpose of fishing only with the permission of:
 (i) the responsible agency within the meaning of the plan; or
 (ii) the Authority; and
 (b) the person intentionally or negligently uses or enters that zone for the purpose of such fishing; and
 (c) the use or entry is not authorised by a permission granted or transferred to the person under the regulations, being a permission of a kind declared by the regulations to be a permission to which this section applies; and
 (d) the use or entry is not authorised by an authority given to the person in accordance with a condition to which such a permission is subject.

Penalty: 2,000 penalty units.

 (2) Strict liability applies to paragraph (1)(a).

Note: For strict liability, see section 6.1 of the Criminal Code.

 (3) In this section:

fishing has the same meaning as in section 38CA.