Fisheries (Penalty) Regulations 1996

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 1996

G. S. M. GREEN

Governor

By His Excellency's Command,

B. BONDE

Minister for Primary Industry and Fisheries

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Fisheries (Penalty) Regulations 1996 .

2.   Commencement

These regulations take effect on 31 May 1996.

3.   Interpretation

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;

[Regulation 3 Amended by S.R. 1998, No. 143, Applied:09 Dec 1998]

[Regulation 3 Amended by S.R. 1998, No. 143, Applied:09 Dec 1998] 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;

[Regulation 3 Amended by S.R. 1998, No. 143, Applied:09 Dec 1998] 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.   

[Regulation 4 Rescinded by S.R. 1997, No. 57, Applied:28 May 1997] .  .  .  .  .  .  .  .  

PART 2 - Penalties

5.   Grade 1 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.

6.   Grade 2 penalties

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.

7.   Grade 3 penalties

[Regulation 7 Substituted by S.R. 1998, No. 143, Applied:09 Dec 1998]

(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.   References to applicable Grade penalties

[Regulation 8 Inserted by S.R. 1999, No. 60, Applied:23 Jun 1999] A reference in any Act, regulation, rule or management plan to a fine not exceeding an applicable Grade penalty includes a reference to a fine not less than the minimum specified for that penalty.

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.