Fisheries (Penalty) Amendment Regulations 1998
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Living Marine Resources Management Act 1995 .
30 November 1998G. S. M. GREEN
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
These regulations may be cited as the Fisheries (Penalty) Amendment Regulations 1998 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Fisheries (Penalty) Regulations 1996 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended by omitting the definitions of level 1 offence and level 2 offence and substituting the following definitions:level 1 offence means an offence which involves –(a) less than –(i) 10 rock lobster or giant crabs; or(ii) 3 rock lobster-pots; or(iii) 4 rock lobster rings; or(iv) 3 fish-traps; or(v) 200 scallops; or(vi) 5 shark; or(vii) 20 abalone; or(viii) 20 kilograms of abalone; or(ix) 20 of any other fish or plant species; or(b) less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;level 2 offence means an offence which involves –(a) not less than –(i) 10 rock lobster or giant crabs; or(ii) 3 rock lobster-pots; or(iii) 4 rock lobster rings; or(iv) 3 fish-traps; or(v) 200 scallops; or(vi) 5 shark; or(vii) 20 abalone; or(viii) 20 kilograms of abalone; or(ix) 20 of any other fish or plant species; or(b) not less than 1% of the total number of rock lobster, giant crab, abalone or scallops taken by, or in the possession of, the person convicted of the offence if the person was operating under a subsisting commercial licence for that species when the offence was committed;
5. Regulation 7 substituted
Regulation 7 of the Principal Regulations is rescinded and the following regulation is substituted:(1) The penalty for an offence against any rule or regulation specified as a Grade 3 Penalty is as follows:(a) for a level 1 offence –(i) a fine not less than one penalty unit and not more than 5 penalty units, for a first offence; or(ii) a fine not less than 2 penalty units and not more than 100 penalty units, for a second offence; or(iii) a fine not less than 5 penalty units and not more than 200 penalty units or a term of imprisonment not exceeding 6 months, or both, for a third or subsequent offence;(b) for a level 2 offence –(i) a fine not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or(ii) a fine not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or(iii) a fine not less than 10 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence;(c) for any other case –(i) a fine not less than one penalty unit and not more than 5 000 penalty units or a term of imprisonment not exceeding 6 months, or both, for a first offence; or(ii) a fine not less than 2 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 12 months, or both, for a second offence; or(iii) a fine not less than 5 penalty units and not more than 5 000 penalty units or a term of imprisonment not exceeding 2 years, or both, for a third or subsequent offence.(2) A reference in any rule or regulation to a fine not exceeding the applicable Grade 3 penalty includes a reference to a term of imprisonment as specified in that penalty.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 December 1998
These regulations are administered in the Department of Primary Industries, Water and Environment.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) change references to crayfish to rock lobster; and(b) include giant crabs as fish to which a level 1 offence or a level 2 offence may relate; and(c) make it clear that a reference to a Grade 3 penalty includes both a fine and a term of imprisonment.