Fisheries Penalties Regulations 2001
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 .
26 February 2001G. S. M. GREEN
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Primary Industries, Water and Environment
PART 1 - Preliminary
These regulations may be cited as the Fisheries Penalties Regulations 2001 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations –Act means the Living Marine Resources Management Act 1995 ;first offence means a first offence against any rule or regulation made under the Act;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;second offence means a second offence against any rule or regulation made under the Act, whether or not the first offence was in respect of the same rule or regulation of the Act;third or subsequent offence means the third or subsequent offence against any rule or regulation made under the Act, whether or not the first and second offences were in respect of the same rule or regulation of the Act.
4. References to applicable Grade penalties
A reference in any Act or, any regulation, rule or management plan made under the Act to a fine not exceeding an applicable Grade penalty includes a reference to a fine not less than the minimum specified for that penalty.
PART 2 - Penalties
The penalty for an offence against any rule or regulation specified as a Grade 1 penalty is a fine not less than one penalty unit and not more than 20 penalty units.
The penalty for an offence against any rule or regulation specified as a Grade 2 penalty is a fine –(a) not less than one penalty unit and not more than 1 000 penalty units, for a first offence; or(b) not less than 2 penalty units and not more than 1 000 penalty units, for a second offence; or(c) not less than 5 penalty units and not more than 1 000 penalty units, for a third or subsequent offence.
(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.
8. Fisheries (Penalty) Regulations 1996 rescinded
The Fisheries (Penalty) Regulations 1996 are rescinded.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 7 March 2001
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) prescribe the penalties applicable to offences against any rule or regulation made under the Living Marine Resources Management Act 1995 ; and(b) rescind previous regulations.