Queensland Consolidated Acts

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FISHERIES ACT 1994 - SECT 77A

77A Exemptions for contravention of regulated fishing apparatus declaration

(1) Section 77(1) does not apply to the sale, purchase, use or possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is used or to be used—

(a) in sporting activities, other than fishing; or
Examples—
indoor cricket and school sports, other than fishing
(b) to protect trees or collect fruit from trees; or
(c) for display or decorative purposes; or
Examples—
for use in shopfitting or as part of a restaurant's decor
(d) for other purposes prescribed under a regulation or management plan.

(2) Section 77(1) does not apply to the possession of fishing apparatus regulated under a regulated fishing apparatus declaration if the apparatus is stowed and secured on a boat lawfully passing through waters.

(3) Section 77(1) does not apply to the possession of commercial fishing apparatus regulated under a regulated fishing apparatus declaration if the person possessing the apparatus—

(a) is a genuine maker, dealer in or repairer of fishing apparatus; or
(b) is a person acting for a person mentioned in paragraph (a); or
(c) is transporting the fishing apparatus to or from the place where it is made, used, dealt in, repaired or stored for a person who has an authority to use or possess the apparatus.


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