Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001: revoked, on 1 February 2014, pursuant to regulation 161(1)(d) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These regulations are administered in the Ministry for Primary Industries.

Pursuant to section 297 of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

2 Commencement

3 Maximum daily number of fish

4 Scallops

5 New regulation 5 substituted

5 Offences and penalties

6 Revocation

1 Title

(1) These regulations are the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001.

(2) In these regulations, the Fisheries (Challenger Area Amateur Fishing) Regulations 1986¹ are called “the principal regulations”.

2 Commencement

These regulations come into force on 1 October 2001.

3 Maximum daily number of fish

Regulation 2B of the principal regulations is amended by adding the following subclauses:
- “(8) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of fish (as specified in this regulation), but not more than 3 times the daily limit.
- “(9) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of fish (as specified in this regulation).”

4 Scallops

(1) Regulation 3A(1) of the principal regulations is amended by inserting, after the words “Fisheries Act 1983”, the words “or the Fisheries Act 1996”.
(2) Regulation 3A of the principal regulations is amended by inserting, after subclause (1), the following subclauses:
- “(1A) A person contravenes this subclause if the person, on any day, takes or possesses more than the number of scallops permitted under subclause (1), but not more than 3 times that number.
- “(1B) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the number of scallops permitted under subclause (1).”

5 New regulation 5 substituted

The principal regulations are amended by revoking regulation 5, and substituting the following regulation:
“5 Offences and penalties

“(1) A person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 if the person contravenes, or fails to comply with, any of regulations 2B(8), 2C, 3A(1A), 3B, 4, 4A, or 4E.

“(2) A person commits a serious non-commercial offence and is liable on summary conviction to a fine not exceeding $20,000 if the person contravenes, or fails to comply with, regulation 2B(9) or 3A(1B).

“(3) It is a defence to a charge of possessing more than the specified maximum daily number of any fish in contravention of these regulations if the defendant satisfies the court that the number of fish possessed in excess of the relevant specified daily number were not taken in breach of the regulations.”

6 Revocation

Regulation 5 of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 1999 (SR 1999/181) is revoked.

Martin Bell,

Acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2001, amend the Fisheries (Challenger Area Amateur Fishing) Regulations 1986 by restructuring certain prohibitions and offences to reflect appropriate penalty levels.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 September 2001.

Eprint notes

1 General

This is an eprint of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482): regulation 161(1)(d)

1 SR 1986/224

Fisheries (Challenger Area Amateur Fishing) Amendment Regulations 2001