Tasmanian Numbered Regulations Tasmanian Numbered Regulations9. Taking or possessing scallops during closed season
(1) A person must not –
(a) take scallops from State waters during a closed season; or
(b) be in possession of scallops during a closed season.
Penalty:
Fine not exceeding the applicable Grade 3 penalty.
(2) It is a defence in proceedings for an offence under subrule (1)(b) if the defendant establishes that the scallops in respect of which the offence is alleged to have been committed were –
(a) imported into the State; or
(b) taken, bought or sold –
(i) during an open season; or
(ii) under a Commonwealth authority to take scallops from Commonwealth waters; or
(c) in the defendant's possession –
(i) during an open season; or
(ii) under a Commonwealth authority to take scallops from Commonwealth waters; or
(3) It is also a defence in proceedings for an
offence under subrule (1)(b) if the defendant establishes that, at the
relevant time, he or she was complying with a marine farming licence
authorising the marine farming of scallops.