Fisheries (Penalty) Regulations 1996
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 .
27 May 1996G. S. M. GREEN
Governor
By His Excellency's Command,
B. BONDE
Minister for Primary Industry and Fisheries
PART 1 - Preliminary
These regulations may be cited as the Fisheries (Penalty) Regulations 1996 .
These regulations take effect on 31 May 1996.
In these regulations –[Regulation 4 Rescinded by S.R. 1997, No. 57, Applied:28 May 1997] . . . . . . . .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 crayfish; or(ii) 3 crayfish-pots; or(iii) 4 crayfish 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 crayfish, 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 crayfish; or(ii) 3 crayfish-pots; or(iii) 4 crayfish 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(a) not less than 1% of the total number of crayfish, 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;
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.
The penalty for an offence against any rule or regulation specified as a Grade 3 Penalty is a fine –(a) for a level 1 offence –(i) not less than one penalty unit and not more than 5 penalty units, for a first offence; or(ii) not less than 2 penalty units and not more than 100 penalty units, for a second offence; or(iii) 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) 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) 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) 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.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 30 May 1996
These regulations are administered in the Department of Primary Industry and Fisheries.