AustLII Tasmanian Consolidated Acts

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LIVING MARINE RESOURCES MANAGEMENT ACT 1995 - SECT 264A

Trafficking in fish

(1)  A person must not traffic in fish without lawful excuse.
(2)  For the purposes of subsection (1) , a person is taken to traffic in fish without lawful excuse if –
(a) the fish have been taken unlawfully or possessed unlawfully; and
(b) on one or more occasions, the person –
(i) possesses the fish; or
(ii) conceals the fish; or
(iii) processes the fish; or
(iv) sells or otherwise disposes of the fish; or
(v) receives or delivers the fish from or to another person; or
(vi) transports the fish from one place to another; or
(vii) otherwise deals with the fish; or
(viii) carries out any combination of the activities referred to in this paragraph.
(3)  For the purposes of subsection (2)  –
(a) it does not matter whether the fish referred to in that subsection are all of one species or a mixture of different species; and
(b) a person is taken to have carried out an activity if the person –
(i) carries out, or participates in the carrying out of, the activity; or
(ii) directs, controls or supervises the carrying out of the activity; or
(iii) provides finance, facilities or other resources to enable the activity to be carried out or to facilitate it; or
(iv) is knowingly concerned in the carrying out of the activity.



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