Western Australian Consolidated Acts

PEARLING ACT 1990 - SECT 9

9 .         Penalty where condition contravened relates to quota

        (1)         The penalties set out in this section apply where a person is convicted under section 8 of an offence (in this section called the quota offence ) relating to the contravention of a condition described in section 26(2)(c) imposed on a pearling licence, hatchery licence or permit.

        (2)         Where the number of pearl oysters taken in excess of a quota is less than 100, the penalty for the quota offence is $10 000, unless subsection (3)(a) or (4)(a) applies.

        (3)         Where the number of pearl oysters taken in excess of a quota —

            (a)         is less than 100 and it is the second such offence by the person in any period of 10 years; or

            (b)         is 100 or more and subsection (4)(b) does not apply,

                the penalty for the quota offence is $40 000 and, where the quota offence was committed with the knowledge of the holder of the relevant licence or permit, a reduction in accordance with subsection (5) in the quota of pearl oysters that may be taken under that licence or permit.

        (4)         Where the number of pearl oysters taken in excess of a quota —

            (a)         is less than 100 and it is the third or subsequent such offence by the person in any period of 10 years; or

            (b)         is 100 or more and it is the second or subsequent such offence by the person in any period of 10 years,

                the penalty for the quota offence is $100 000 and, where the quota offence was committed with the knowledge of the holder of the relevant licence or permit, a permanent reduction in the quota of pearl oysters that may be taken under that licence or permit by the number of pearl oysters taken in excess of the quota, rounded up to the nearest 1 000.

        (5)         Where subsection (3) applies, the quota of pearl oysters that may be taken under the relevant licence or permit shall be reduced —

            (a)         if the number of pearl oysters taken in excess of the quota is less than 1 000, for a period of 2 years; or

            (b)         if the number of pearl oysters taken in excess of the quota is 1 000 or more, for a period of 3 years,

                by the number of pearl oysters taken in excess of the quota, rounded up to the nearest 1 000.

        (6)         In the absence of proof to the contrary, the holder of the relevant licence or permit shall be taken to have had knowledge that the quota offence was being committed for the purpose of determining whether or not a penalty referred to in this section is applicable.