s. 68A (4C) It is a defence to a charge under subsection (2)(b), S. 68A(4C) (3), (4A) or (4B) if the person charged can prove inserted by No. 80/2000 that the fish were taken in accordance with this s. 10(2). Act. (5) A person must not use commercial abalone S. 68A(5) substituted by equipment to take abalone that is less than the No. 80/2000 minimum size, or that is more than the maximum s. 10(2), amended by size, specified by the regulations or by a fisheries No. 50/2005 notice for abalone. s. 13(a). First offence—50 penalty units or imprisonment for 3 months or both. Subsequent offence—100 penalty units or imprisonment for 6 months or both. (6) Subsections (3)(b), (4A) and (4B) do not apply to S. 68A(6) amended by a person in the business of processing or selling No. 108/2003 fish if he or she can prove that any fish in his or s. 50(b). her possession that are in excess of the catch limit were taken in accordance with this Act. (7) In addition to any other penalty specified by this S. 68A(7) amended by section, a person who is guilty of an offence under No. 80/2000 this section (other than an offence in respect of s. 10(3). which an infringement notice has been issued) in relation to a priority species is liable to a penalty of up to 1 penalty unit for each fish of the priority species that is— (a) less than the minimum size, or that is more S. 68A(7)(a) amended by than the maximum size, specified by the No. 50/2005 regulations or by a fisheries notice for that s. 13(a). species of fish; or (b) in excess of the catch limit allowed by the S. 68A(7)(b) amended by regulations or by a fisheries notice for that No. 50/2005 species of fish. s. 13(b). (8) An authorised officer or a member of the police force may seize— (a) any undersized fish; and
S. 68A(4C) inserted by No. 80/2000 s. 10(2). (4C) It is a defence to a charge under subsection (2)(b), (3), (4A) or (4B) if the person charged can prove that the fish were taken in accordance with this Act. S. 68A(5) substituted by No. 80/2000 s. 10(2), amended by No. 50/2005 s. 13(a). s. 68A (5) A person must not use commercial abalone equipment to take abalone that is less than the minimum size, or that is more than the maximum size, specified by the regulations or by a fisheries notice for abalone. First offence—50 penalty units or imprisonment for 3 months or both. Subsequent offence—100 penalty units or imprisonment for 6 months or both. S. 68A(6) amended by No. 108/2003 s. 50(b). (6) Subsections (3)(b), (4A) and (4B) do not apply to a person in the business of processing or selling fish if he or she can prove that any fish in his or her possession that are in excess of the catch limit were taken in accordance with this Act. S. 68A(7) amended by No. 80/2000 s. 10(3). (7) In addition to any other penalty specified by this section, a person who is guilty of an offence under this section (other than an offence in respect of which an infringement notice has been issued) in relation to a priority species is liable to a penalty of up to 1 penalty unit for each fish of the priority species that is— S. 68A(7)(a) amended by No. 50/2005 s. 13(a). (a) less than the minimum size, or that is more than the maximum size, specified by the regulations or by a fisheries notice for that species of fish; or S. 68A(7)(b) amended by No. 50/2005 s. 13(b). (b) in excess of the catch limit allowed by the regulations or by a fisheries notice for that species of fish. (8) An authorised officer or a member of the police force may seize— (a) any undersized fish; and
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