Fisheries Management (Demerit Points) Regulations 2017

Version: 15.1.2018 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 1 South Australia Fisheries Management (Demerit Points) Regulations 2017 under the Fisheries Management Act 2007 Contents 1 Short title 2 Commencement 3 Interpretation 4 Demerit points Schedule 1—Demerit point offences and demerit points Part 1—Offences against Act 1 Sections other than section 70 2 Section 70 (Prescribed fishing activities prohibited)—engaging in a fishing activity of class specified in Schedule 6 of Fisheries Management (General) Regulations 2017 3 Section 70 (Prescribed fishing activities prohibited)—engaging in a fishing activity of class specified in Schedule 7 of Fisheries Management (General) Regulations 2017 Part 2—Offences against regulations 4 Fisheries Management (Abalone Fisheries) Regulations 2017 5 Fisheries Management (Blue Crab Fishery) Regulations 2013 6 Fisheries Management (Charter Boat Fishery) Regulations 2016 7 Fisheries Management (Fish Processors) Regulations 2017 8 Fisheries Management (General) Regulations 2017 9 Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 10 Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 11 Fisheries Management (Miscellaneous Fishery) Regulations 2015 12 Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013 13 Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 14 Fisheries Management (Miscellaneous Research Fishery) Regulations 2013 15 Fisheries Management (Prawn Fisheries) Regulations 2017 16 Fisheries Management (River Fishery) Regulations 2017 17 Fisheries Management (Rock Lobster Fisheries) Regulations 2017 18 Fisheries Management (Vessel Monitoring Scheme) Regulations 2017 Schedule 2—Revocation of Fisheries Management (Demerit Points) Regulations 2009 Legislative history Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 2 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] 1—Short title These regulations may be cited as the Fisheries Management (Demerit Points) Regulations 2017. 2—Commencement These regulations will come into operation on 15 January 2018. 3—Interpretation (1) In these regulations— Act means the Fisheries Management Act 2007. (2) The clause headings in Schedule 1 form part of these regulations. 4—Demerit points (1) For the purposes of section 104(1) of the Act— (a) an offence against a provision specified in Schedule 1 is an offence of a prescribed kind and the number of demerit points prescribed in relation to the offence is the number specified for the offence in Schedule 1; and (b) an offence against section 120 of the Act is an offence of a prescribed kind and the number of demerit points prescribed in relation to the offence is the same number as the number specified for the principal offence in Schedule 1. (2) Text set out in italic type under a column headed "Description of offence" in a table in Schedule 1 is a description for convenience purposes only and is not to be taken to define the offence for which a particular number is prescribed as the number of demerit points attracted by the offence. Schedule 1—Demerit point offences and demerit points Part 1—Offences against Act 1—Sections other than section 70 Section Description of offence Demerit points 52 Person not holding licence or permit in respect of fishery, or person not acting as agent of holder of such licence or permit, engaging, for commercial purpose, in fishing activity of class that constitutes fishery 100 53(1)(a) Using boat other than registered boat, for commercial purpose, to engage in fishing activity of class that constitutes fishery 50 53(1)(b) Using boat in charge of person other than registered master, for commercial purpose, to engage in fishing activity of class that constitutes fishery 50 53(2) Using unregistered device, for commercial purpose, to engage in fishing activity of class that constitutes fishery 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 3 Section Description of offence Demerit points 55(3) Contravening condition of fishery authority related to quota entitlement— (a) if the offence is expiated by the holder of the authority and the Minister has not varied the conditions of the authority so as to reduce the quota entitlement under the licence 20 (b) in any other case 100 55(3) Contravening condition of fishery authority not related to quota entitlement— (a) if the offence is expiated 20 (b) in any other case 50 59(1) Holder of fishery authority failing to carry fishery authority or identification while engaging in fishing activity under fishery authority— (a) if the offence is expiated 5 (b) in any other case 25 59(2) Person in charge of registered boat on waters failing to carry fishery authority or identification— (a) if the offence is expiated 5 (b) in any other case 25 59(3)(a) Person using registered device on waters failing to carry fishery authority or identification— (a) if the offence is expiated 5 (b) in any other case 25 59(3)(b) Person in charge of boat on which registered device is being used failing to carry fishery authority or identification— (a) if the offence is expiated 5 (b) in any other case 25 62(1) Person not registered as fish processor acting as fish processor 75 62(3) Registered fish processor using premises, place, boat or vehicle not specified in certificate of registration for or in connection with processing, storing, transporting or dealing with aquatic resources— (a) if the offence is expiated 10 (b) in any other case 50 65(4) Registered fish processor contravening condition of registration— (a) if the offence is expiated 10 (b) in any other case 25 67(a) Giving another person possession or control of fishery authority not in name of the other person 75 67(b) Having possession or control of another person's fishery authority 75 67(c) Falsely representing to be person named in fishery authority 75 71(1)(a) Taking aquatic mammal 100 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 4 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Section Description of offence Demerit points 71(1)(a) Taking aquatic resource of protected species— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 80 (ii) second or subsequent offence 100 71(1)(b) Injuring, damaging or otherwise harming aquatic mammal— (a) if the offence is expiated 20 (b) in any other case 100 71(1)(b) Injuring, damaging or otherwise harming aquatic resource of protected species— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 80 (ii) second or subsequent offence 100 71(2)(a) Interfering with, harassing or molesting aquatic mammal 100 71(2)(a) Interfering with, harassing or molesting aquatic resource of protected species— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 80 (ii) second or subsequent offence 100 71(2)(b) Causing or permitting interference with, or harassment or molestation of, aquatic mammal 100 71(2)(b) Causing or permitting interference with, or harassment or molestation of, aquatic resource of protected species— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 80 (ii) second or subsequent offence 100 72(1) Selling or purchasing aquatic resource taken without authority 100 72(2)(a) Selling or purchasing, or having possession or control, of aquatic resource taken in contravention of Act or corresponding law 100 72(2)(b) Selling or purchasing, or having possession or control of, aquatic resource of protected species 100 72(2)(c) Selling or purchasing, or having possession or control of, aquatic resource of prescribed class— (a) first offence 45 (b) second offence 60 (c) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 5 Section Description of offence Demerit points 73(1) Possessing quantity of fish of priority species exceeding prescribed quantity 100 73(1) Possessing quantity of aquatic resource (other than fish of priority species) exceeding prescribed quantity— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 74(1) Trafficking in, or having possession or control of, commercial quantity of fish of priority species 100 75(1) Obstructing or interfering with lawful fishing activity or interfering with aquatic resources taken in course of lawful fishing activity— (a) if the offence is expiated 15 (b) in any other case 50 75(2) Failing to cease or discontinue obstructive conduct or interference with lawful fishing activity— (a) if the offence is expiated 15 (b) in any other case 75 76(a) Entering or remaining in aquatic reserve without authorisation or permit— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 76(b) Engaging in fishing activity in aquatic reserve without authorisation or permit— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 77(1)(a) Engaging in operation involving or resulting in disturbance of bed of waters in aquatic reserve without authorisation or permit— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 6 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Section Description of offence Demerit points (iii) third or subsequent offence 100 77(1)(b) Engaging in operation involving or resulting in removal of or interference with aquatic or benthic animals or plants of waters in aquatic reserve— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 78(1)(a) Bringing into State aquatic resources of noxious species without permit 100 78(1)(b) Taking from any waters aquatic resources of noxious species without permit 100 78(1)(c) Selling, purchasing or delivering aquatic resources of noxious species without permit 100 78(1)(d) Having possession or control of aquatic resources of noxious species without permit 100 78(2)(a) Releasing or permitting escape into any waters of exotic fish, aquaculture fish, or fish kept apart from natural habitat, without permit 100 78(2)(b) Depositing into any waters exotic fish, aquaculture fish, fish kept apart from natural habitat, or exotic aquatic plants, without permit 100 79(9)(a) Engaging in fishing activity in contravention of declaration or direction under section 79— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 79(9)(b) Having possession or control of aquatic resources in contravention of declaration under section 79— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 79A(3) Contravening condition of a permit issued for purposes of Part 7 100 80(8) Failing to comply with requirement of Minister 5 84(3) Resisting arrest or escaping from lawful custody 100 88(4) Using registered boat without scientific observer aboard during period specified in notice given by Minister 100 91(1) Hindering etc authorised person 100 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 7 Section Description of offence Demerit points 91(2) Assaulting authorised person etc 100 92(9) Failing to comply with protection order— (a) if the offence is expiated 20 (b) in any other case 100 94(9) Failing to comply with reparation order 100 102(2) Contravening suspension, disqualification or prohibition order made by court 100 115(6) Contravening condition of exemption— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 119 Making false or misleading statement in information provided, or record kept, under Act 100 124(1) Person engaged in administration of Act divulging or communicating information obtained in course of official duties except in prescribed circumstances 100 124(3) Person using for other purpose information disclosed for particular purpose 100 2—Section 70 (Prescribed fishing activities prohibited)—engaging in a fishing activity of class specified in Schedule 6 of Fisheries Management (General) Regulations 2017 Clause Description of offence Demerit points 1 Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters by using net other than small or large mesh monofilament net or small or large multifilament hauling net (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 2 Taking fish in Coorong (area 1) or Coorong (area 2) using large mesh monofilament net other than as set net (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 8 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (iii) third or subsequent offence 100 3 Taking fish in Coorong (area 1) using certain net during closed season (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 4 Taking fish in coastal waters using hauling net during certain holiday periods (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 5 Taking fish in certain coastal waters using swinger net (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 6 Taking fish in River Murray proper using certain device (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 7 Taking fish for purpose of bait using fish net other than bait net (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 8 Taking Scallop using scallop dredge (commercial)— (a) if the offence is expiated 15 (b) in any other case— 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 9 Clause Description of offence Demerit points (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 9(1) Taking certain fish in Lakes and Coorong using more than permitted number of certain nets at same time (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 10 Taking fish using drum net of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 11 Taking fish in coastal waters using gill net or mesh net of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 12(a) Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using small mesh monofilament net of unlawful specifications as set net (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 12(b) Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using small mesh monofilament net otherwise than as set net in certain circumstances (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 10 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (iii) third or subsequent offence 100 13 Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using large monofilament mesh net of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 14 Taking fish in Coorong coastal waters using large mesh monofilament net of unlawful specifications other than as set net (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 15 Taking fish in Coorong (area 1), Coorong (area 2) or Coorong coastal waters using multifilament hauling net of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 16(1) Taking prawn in coastal waters using prawn trawl net of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 17 Taking Blue Swimmer Crab using crab net of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 11 Clause Description of offence Demerit points 18(1) Taking rock lobster in Northern Zone using rock lobster pot of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 19 Taking rock lobster in Southern Zone using rock lobster pot of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 20 Taking Ocean Jacket in waters deeper than 60m using fish trap of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 21 Taking fish using fish trap of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 22 Taking Pipi in Coorong coastal waters using cockle rake of unlawful specifications (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 23 Taking fish using certain device without buoy (commercial)— (a) if the offence is expiated 5 (b) in any other case 25 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 12 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points 24 Taking fish using certain device without tag (commercial)— (a) if the offence is expiated 5 (b) in any other case 25 25 Taking Razorfish (bag limit) (commercial)—exceeding daily limit: (a) if the offence is expiated 10 (b) in any other case— (i) first offence 30 (ii) second offence 40 (iii) third or subsequent offence 50 26 Taking fish by licensed person using trawl nets and boats in Gulf St. Vincent Prawn Fishery— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 27 Taking fish by licensed person using trawl nets and boats in Spencer Gulf Prawn Fishery— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 28 Taking fish by licensed person using trawl nets and boats in West Coast Prawn Fishery— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 29 Taking fish using unattended long line (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 13 Clause Description of offence Demerit points 30 Taking fish using set line with more than permitted number of hooks (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 31 Taking certain fish in River Murray (commercial)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 32 Taking Blue Swimmer Crab in certain Spencer Gulf waters (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 33 Taking Blue Swimmer Crab in certain other waters (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 34 Taking Sand Crab using sand crab pot in certain waters (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 35 Taking Vongole in certain waters (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 14 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points 36 Taking Blue Swimmer Crab in certain waters during closed season (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 37 Taking fish in River Murray using certain device without buoy or tag (commercial)— (a) if the offence is expiated 5 (b) in any other case 25 38 Taking fish in Lakes and Coorong by electrofishing (commercial)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 39 Taking fish in coastal waters using fish net or long line (recreational)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 40 Taking fish using fish net in River Murray proper (recreational)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 41 Taking fish in Coorong (area 1) using fish net during certain period (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 15 Clause Description of offence Demerit points 42 Taking fish using fish trap (recreational)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 43 Taking fish in coastal waters using more than permitted number of certain devices (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 44 Taking fish in River Murray proper using more than permitted number of certain devices (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 45 Taking fish in Coorong (area 1) using more than permitted number of certain devices during certain period (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 46 Taking fish in Coorong (area 2) using more than permitted number of certain devices (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 47 Taking fish in Lakes Albert and Alexandrina using more than permitted number of certain devices (recreational)— (a) if the offence is expiated 15 (b) in any other case— Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 16 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 48 Taking fish in Lake George using more than permitted number of certain devices (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 49 Taking fish in Coorong (area 1) during certain period using mesh net of unlawful specifications (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 50 Taking fish in Coorong (area 2) using mesh net of unlawful specifications (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 51 Taking fish in Lakes Albert and Alexandrina using mesh net of unlawful specifications (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 52 Taking fish in Lake George using mesh net of unlawful specifications (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 17 Clause Description of offence Demerit points 53 Taking crabs using crab net or hand net of unlawful specifications (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 54 Taking rock lobster in Northern Zone or Southern Zone using rock lobster pot of unlawful specifications (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 55 Taking fish using device without tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 56 Taking fish using mesh net without tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 57 Taking fish in Lake George using mesh net without buoy or tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 58 Taking fish using drop net without buoy or tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 18 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (ii) second offence 20 (iii) third or subsequent offence 25 59 Taking fish using hoop net without buoy or tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 60 Taking rock lobster using rock lobster pot without buoy or tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 61 Taking fish using shrimp trap or yabby pot without buoy or tag (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 62 Taking fish using device with tag bearing registration information relating to device registered for commercial fishing (recreational)— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 63 Taking fish (recreational non-charter boat fishing bag or boat limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 10 fish 5 (ii) by more than 10 but not more than 20 fish 10 (iii) by more than 20 fish 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 19 Clause Description of offence Demerit points (iii) third or subsequent offence 100 64 Taking rock lobster (recreational non-charter boat fishing bag or boat limit) in the Northern Zone or Southern Zone—exceeding limit: (a) if the offence is expiated 10 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 64 Taking abalone (recreational non-charter boat fishing bag or boat limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 5 abalone 5 (ii) by more than 5 but not more than 10 abalone 10 (iii) by more than 10 abalone 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 64 Taking Murray Cod (recreational non-charter boat fishing bag or boat limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 5 Murray Cod 10 (ii) by more than 5 Murray Cod 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 65(1) Taking cockle and vongole (recreational bag limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 50 cockles or vongole 5 (ii) by more than 50 but not more than 100 cockles or vongole 10 (iii) by more than 100 cockles or vongole 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 20 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points 65(1) Taking Black Cowrie (recreational bag limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 5 Black Cowrie 10 (ii) by more than 5 Black Cowrie 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 65(1) Taking Pipi (recreational bag limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 100 Pipi 5 (ii) by more than 100 but not more than 200 Pipi 10 (iii) by more than 200 Pipi 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 65(1) Taking Mulloway (recreational bag limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 10 Mulloway 5 (ii) by more than 10 but not more than 20 Mulloway 10 (iii) by more than 20 Mulloway 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 65(2) Taking bloodworms (recreational limit)—exceeding limit: (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 66 Taking fish (recreational charter boat fishing boat or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 10 fish 5 (ii) by more than 10 but not more than 20 fish 10 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 21 Clause Description of offence Demerit points (iii) by more than 20 fish 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 67 Taking fish (recreational charter boat fishing boat or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 10 fish 5 (ii) by more than 10 but not more than 20 fish 10 (iii) by more than 20 fish 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 68 Taking cockle and vongole (recreational charter boat fishing bag or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 100 cockles or vongole 5 (ii) by more than 100 but not more than 200 cockles or vongole 10 (iii) by more than 200 cockles or vongole 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 68 Taking Pipi (recreational charter boat fishing bag or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 100 Pipi 5 (ii) by more than 100 but not more than 200 Pipi 10 (iii) by more than 200 Pipi 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 22 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points 68 Taking Abalone, Congolli, Giant Crab, Western Blue Groper, Harlequin fish, Yellowtail Kingfish, Rock Lobster, Samsonfish, Bronze Whaler Shark, Dusky Shark, King George Whiting or Wrasse (recreational charter boat fishing bag or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 5 fish 5 (ii) by more than 5 but not more than 10 fish 10 (iii) by more than 10 fish 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 68 Taking fish (other than Abalone, Cockle, Congolli, Giant Crab, Western Blue Groper, Harlequin fish, Yellowtail Kingfish, Rock Lobster, Pipi, Samsonfish, Bronze Whaler Shark, Dusky Shark, King George Whiting or Wrasse) (recreational charter boat fishing bag or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 10 fish 5 (ii) by more than 10 but not more than 20 fish 10 (iii) by more than 20 fish 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 69 Taking fish (recreational charter boat fishing bag, boat or trip limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 10 fish 5 (ii) by more than 10 but not more than 20 fish 10 (iii) by more than 20 fish 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 70 Taking fish in Coorong (area 1) during certain period using mesh net in unlawful manner or without attending net (recreational)— (a) if the offence is expiated 15 (b) in any other case— 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 23 Clause Description of offence Demerit points (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 71 Taking fish in Coorong (area 2) using mesh net in unlawful manner or without attending net (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 72 Taking fish in Lakes Albert and Alexandrina using mesh net in unlawful manner or without attending net (recreational)— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 73 Taking fish in Lake George using mesh net in unlawful manner or at certain times of day without attending net (recreational) (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 74 Taking fish for non-commercial purpose using device other than permitted device etc— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 75 Taking fish for non-commercial purpose using mesh net or rock lobster pot not registered in user's name— (a) if the offence is expiated 20 (b) in any other case 100 76 Taking fish using bow and arrow— (a) if the offence is expiated 15 (b) in any other case— Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 24 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 77 Taking rock lobster using fish spear etc— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 78 Taking fish using more than permitted number of rod and lines or hand lines etc— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 79 Taking fish using more than permitted number of large mesh nets— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 80 Taking fish using more than permitted number of teaser lines from jetty etc— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 81 Taking fish by licensed person in inland waters using yabby pot of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 25 Clause Description of offence Demerit points 81 Taking fish by unlicensed person in inland waters using yabby pot of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 82 Taking fish by licensed person in Lake George using fish net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 82 Taking fish by unlicensed person in Lake George using fish net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 83 Taking fish in coastal waters other than by power hauling method using hauling net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 84 Taking fish by power hauling method using hauling net of unlawful specifications etc— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 85 Taking fish by licensed person in certain Coorong waters using mesh net of unlawful specifications— (a) if the offence is expiated 15 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 26 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 85 Taking fish by unlicensed person in certain Coorong waters using mesh net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 86 Taking fish on week days in certain waters using mesh net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 87 Taking fish by licensed person in Lakes Albert and Alexandrina using mesh net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 87 Taking fish by unlicensed person in Lakes Albert and Alexandrina using mesh net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 88 Taking fish using large mesh net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 27 Clause Description of offence Demerit points 89 Taking Salmon using purse seine net of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 90 Taking fish by licensed person using shrimp trap of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 90 Taking fish by unlicensed person using shrimp trap of unlawful specifications— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 91 Taking fish by licensed person using mesh net or set line without buoys— (a) if the offence is expiated 5 (b) in any other case 25 91 Taking fish by unlicensed person using mesh net or set line without buoys— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 92 Taking fish by licensed person using fish net without buoys— (a) if the offence is expiated 5 (b) in any other case 25 92 Taking fish by unlicensed person using fish net without buoys— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 28 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (ii) second offence 20 (iii) third or subsequent offence 25 93 Taking fish by licensed person in Lakes Albert and Alexandrina, Murray Mouth or Coorong using fish net within certain distance of another fish net— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 93 Taking fish by unlicensed person in Lakes Albert and Alexandrina, Murray Mouth or Coorong using fish net within certain distance of another fish net— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 94 Taking fish in certain waters using device other than rod and line, hand line or hand net— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 95(1) Taking fish by licensed person in certain inland waters— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 95(1) Taking fish by unlicensed person in certain inland waters— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 29 Clause Description of offence Demerit points 96 Taking fish using towed net in certain waters— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 97 Taking fish in certain waters deeper than 5m using fish net— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 98 Taking fish in certain waters of Spencer Gulf using fish net— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 99 Taking fish by licensed person in certain waters of Coorong using fish net or set line— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 99 Taking fish by unlicensed person in certain waters of Coorong using fish net or set line— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 100 Taking fish in Murray Mouth using long line— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 30 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (iii) third or subsequent offence 100 101 Taking fish by licensed person in certain waters using mesh net as set net— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 101 Taking fish by unlicensed person in certain waters using mesh net as set net— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 102 Taking fish by licensed person in certain waters of Coorong using mesh net as set net on weekend— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 102 Taking fish by unlicensed person in certain waters of Coorong using mesh net as set net on weekend— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 103 Taking fish in certain waters of Coorong using hauling net on weekend— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 104(1) or (2) Taking fish by licensed person using certain device near artificial reef— (a) if the offence is expiated 20 (b) in any other case— 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 31 Clause Description of offence Demerit points (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 104(1) or (2) Taking fish by unlicensed person using certain device near artificial reef— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 105 Taking fish using large mesh net left in water more than 4 hours— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 106 Taking prawn by licensed person by power hauling method— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 106 Taking prawn by unlicensed person by power hauling method— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 107 Taking fish in Gulf St. Vincent or Spencer Gulf using large mesh net not shot out in straight line— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 108 Taking fish using fish net fixed etc across bay, inlet etc— (a) if the offence is expiated 15 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 32 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 109 Taking fish by licensed person by fixing or placing stake, log etc across mouth of waters, channel etc so as to impair free passage of fish— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 109 Taking fish by unlicensed person by fixing or placing stake, log etc across mouth of waters, channel etc so as to impair free passage of fish— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 110 Taking fish by licensed person using pipeline— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 110 Taking fish by unlicensed person using pipeline— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 111 Taking fish using explosive or anaesthetic etc— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 33 Clause Description of offence Demerit points 112 Taking rock lobster by diving (bag limit)—exceeding limit: (a) if the offence is expiated— (i) by up to 5 rock lobster 5 (ii) by more than 5 but not more than 10 rock lobster 10 (iii) by more than 10 rock lobster 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 113(1)(a) Taking undersize fish— (a) if the offence is expiated— (i) up to 10 fish 5 (ii) more than 10 fish 10 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 113(1)(b) Taking oversize Western Blue Groper or Murray Cod— (a) if the offence is expiated 20 (b) in any other case 50 113(2) Taking undersize or oversize Wrasse— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 114 Taking molluscs in waters of West Lakes etc— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 115 Taking filter-feeding marine molluscan shellfish in certain waters of Port Adelaide River— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 34 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (ii) second offence 20 (iii) third or subsequent offence 25 116 Taking benthic marine organisms by licensed person in certain waters— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 116 Taking benthic marine organisms by unlicensed person in certain waters— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 117 Taking prawn by licensed person in certain waters less than 10m deep (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 117 Taking prawn by unlicensed person in certain waters less than 10m deep (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 118 Taking rock lobster by licensed person in certain waters— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 118 Taking rock lobster by unlicensed person in certain waters— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 35 Clause Description of offence Demerit points (ii) second offence 60 (iii) third or subsequent offence 75 119 Taking fish by licensed person near locks and weir of River Murray— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 119 Taking fish by unlicensed person near locks and weir of River Murray— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 120 Taking fish by licensed person during closed season in certain waters— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 120 Taking fish by unlicensed person during closed season in certain waters— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 121 Taking fish by licensed person using 2mm or greater trace wire with size 12/0 fishing hooks— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 121 Taking fish by unlicensed person using 2mm or greater trace wire with size 12/0 fishing hooks— (a) if the offence is expiated 15 (b) in any other case— Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 36 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Clause Description of offence Demerit points (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 122 Setting rock lobster pots in Southern Zone by licensed person during closed season— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 122 Setting rock lobster pots in Southern Zone by unlicensed person during closed season— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 123 Setting rock lobster pots containing rock lobster for purpose other than commercial purpose— (a) first offence 60 (b) second offence 80 (c) third or subsequent offence 100 124(1) Taking fish (other than under fishery authority) using registered boat 50 125 Taking cephalopod in False Bay, Spencer Gulf— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 126 Taking fish using certain traces or hooks in certain waters between 0500 and 2100 hours on any day— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 127 Taking fish near Horseshoe Reef— (a) if the offence is expiated 5 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 37 Clause Description of offence Demerit points (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 128 Taking fish in certain parts of Onkaparinga River— (a) if the offence is expiated 5 (b) in any other case— (i) first offence 15 (ii) second offence 20 (iii) third or subsequent offence 25 3—Section 70 (Prescribed fishing activities prohibited)—engaging in a fishing activity of class specified in Schedule 7 of Fisheries Management (General) Regulations 2017 Part Description of offence Demerit points Part 1 Engaging in a fishing activity of a prescribed class—taking fish by using a fish net in any of the waters of the State specified in Schedule 7 Part 1 of the Fisheries Management (General) Regulations 2017: (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 Part 2 Engaging in a fishing activity of a prescribed class—taking fish using a net other than a large mesh net or sardine net in any of the waters of the State specified in Schedule 7 Part 2 of the Fisheries Management (General) Regulations 2017: (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 38 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Part 2—Offences against regulations 4—Fisheries Management (Abalone Fisheries) Regulations 2017 Regulation Description of offence Demerit points 10(6) Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Central Zone Abalone Fishery)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 11(6) Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Southern Zone Abalone Fishery)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 12(6) Licence holder taking abalone of certain class for commercial purpose where unit entitlement under licence falls below prescribed number (Western Zone Abalone Fishery)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 13 Licence holder taking abalone under licence using more than 1 registered boat at any 1 time, or causing etc more than 1 registered boat to be used at any 1 time to take abalone under licence— (a) if the offence is expiated 15 (b) in any other case 50 14(1) Licence holder causing etc more than 1 person to engage in fishing activities under licence on the same day— (a) if the offence is expiated 15 (b) in any other case 50 15 Licence holder causing etc registered boat to be transported or towed by another boat to fishing location 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 39 Regulation Description of offence Demerit points 16(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of abalone taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of abalone taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 16(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 17(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 17(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 18 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 5—Fisheries Management (Blue Crab Fishery) Regulations 2013 Regulation Description of offence Demerit points 11(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of blue crab taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of blue crab taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 40 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 11(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 12(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 12(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 13 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 6—Fisheries Management (Charter Boat Fishery) Regulations 2016 Regulation Description of offence Demerit points 11(1) Using, possessing or controlling rock lobster pot (recreational) registered in name of licensed person, registered master or agent of licensed person aboard registered boat being used under licence— (a) if the offence is expiated 20 (b) in any other case 50 12(2) Failing to comply with determination of Minister made for purposes of subregulation (1) by failing to provide certain information to Department if registered boat is, or is to be, used under licence— (a) if the offence is expiated 15 (b) in any other case 75 13(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 13(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 14 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 41 7—Fisheries Management (Fish Processors) Regulations 2017 Regulation Description of offence Demerit points 7(1) Failing to check for undersize fish in consignment of aquatic resources 50 7(2) Failing to dispose of undersize fish found in consignment of aquatic resources— 50 8(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of abalone, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of abalone purchased or obtained by fish processor (a) if the offence is expiated 15 (b) in any other case 75 8(3) Failing to keep records made under subregulation (1) in relation to abalone as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 9(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of vongole, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of vongole purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 9(3) Failing to keep records made under subregulation (1) in relation to vongole as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 10(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of pipi, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of pipi purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 10(3) Failing to keep records made under subregulation (1) in relation to pipi as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 42 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 11(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of blue crab, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of blue crab purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 11(3) Failing to keep records made under subregulation (1) in relation to blue crab as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 12(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of giant crab, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of giant crab purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 12(3) Failing to keep records made under subregulation (1) in relation to giant crab as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 13(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of sardines, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of sardines purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 13(3) Failing to keep records made under subregulation (1) in relation to sardines as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 43 Regulation Description of offence Demerit points 14(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of tuna, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of tuna purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 14(3) Failing to keep records made under subregulation (1) in relation to tuna as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 15(2) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of rock lobster, failing to provide such information to Department, or failing to comply with Minister's requirements as to records and information, or weighing, storing, placement, sealing, tagging, sale, transport, delivery, consignment etc of rock lobster purchased or obtained by, or consigned or delivered to, fish processor— (a) if the offence is expiated 15 (b) in any other case 75 15(3) Failing to keep records made under subregulation (1) in relation to rock lobster as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 16(4) Contravening regulation by failing to provide return to Department as determined by Minister, or failing to keep record of return provided to Department as determined by Minister— (a) if the offence is expiated 15 (b) in any other case 75 17(3) Failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in connection with purchasing, obtaining, processing, storage, transport or dealing with aquatic resources, or failing to provide such information to Department— (a) if the offence is expiated 15 (b) in any other case 75 17(3) Failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in connection with receipt of aquatic resources, or failing to provide such information to Department— (a) if the offence is expiated 15 (b) in any other case 75 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 44 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 17(4) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (a) in any other case 50 18 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 8—Fisheries Management (General) Regulations 2017 Regulation Description of offence Demerit points 8(1) Being person in charge of vehicle in or on which there are more than 300 Pipi (West of longitude 136°East)— (a) if the offence is expiated 15 (b) in any other case 75 8(2) Being person in charge of vehicle in or on which there are more than 900 Pipi (East of longitude 136°East)— (a) if the offence is expiated 15 (b) in any other case 75 11 Person using registered device for recreational fishing failing to produce certificate of registration within 48 hours of request— (a) if the offence is expiated 5 (b) in any other case 25 14(1) Carrying explosive device by licensed person in specified area— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 14(1) Carrying explosive device by unlicensed person in specified area— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15(1) Carrying certain devices while using scuba, hookah or other apparatus for breathing underwater— (a) if the offence is expiated 15 (b) in any other case— 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 45 Regulation Description of offence Demerit points (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 16 Carrying device by licensed person near lock and weir of River Murray— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 16 Carrying device by unlicensed person near lock and weir of River Murray— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 17(2) Using registered boat not bearing distinguishing marks to engage in fishing activity of class that constitutes fishery— (a) if the offence is expiated 5 (b) in any other case 25 17(3) Using dinghy as tender to registered boat where dinghy does not bear same distinguishing marks (with addition of letter "T" forming part of distinguishing marks as prefix) as registered boat to which dinghy is tender— (a) if the offence is expiated 5 (b) in any other case 25 17(4) Owner of registered boat that ceases to be registered boat failing to remove or cause to be removed as soon as practicable after cessation any distinguishing mark on boat— (a) if the offence is expiated 5 (b) in any other case 25 18(2) Mutilating certain fish before fish are brought ashore or landed— (a) if the offence is expiated 10 (b) in any other case 50 19(1) Removing abalone (Southern Zone) from shell other than at premises of registered fish processor in course of business of processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 46 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points (ii) second offence 60 (iii) third or subsequent offence 75 19(2) Removing abalone from shell before bringing abalone to position above water line— (a) if the offence is expiated 15 (b) in any other case 75 19(3) Taking abalone without carrying measuring device— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 19(4) Failing to immediately and carefully replace undersize abalone— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 19(5) Possessing etc abalone removed from shell other than in prescribed circumstances— (a) if the offence is expiated 15 (b) in any other case 75 20 Storing or confining fish in corfs without tagged buoy attached— (a) if the offence is expiated 5 (b) in any other case 25 21 Storing or confining rock lobster in corf without holding licence in respect of rock lobster fishery— 100 (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 22(1) Taking rock lobster by unlicensed person in Northern Zone during closed season— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 47 Regulation Description of offence Demerit points (iii) third or subsequent offence 75 22(2) Setting rock lobster pot by unlicensed person in Northern Zone during closed season— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 23 Failing to clip tail fan of rock lobster— (a) if the offence is expiated 15 (b) in any other case 75 24(1) Using certain animal body parts as berley (otherwise than in rock lobster pot or other fish trap) within 2 nautical miles of mainland or exposed island or reef of State— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 24(3) Depositing or using in marine waters body or body parts of mammal, bird, reptile or amphibian— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 25(3) Leaving bait net registered under fishery authority unattended after set in waters from registered boat— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 26(1) Failing to remove from Lakes and Coorong anchors etc from nets removed from Lakes and Coorong (commercial)— (a) if the offence is expiated 5 (b) in any other case 25 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 48 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 27(1) Holder of fishery authority, fish processor or person otherwise involved in business of handling, storing, moving or dealing with fish transporting etc fish in receptacle without marking or labelling receptacle with name etc and fishery licence, fishery permit number or fish processor registration number— (a) if the offence is expiated 5 (b) in any other case 25 29(1) Holder of fishery authority (natural person) failing to notify Minister of change of residential or business address within 30 days of change— (a) if the offence is expiated 5 (b) in any other case 25 29(2) Holder of fishery authority (body corporate) failing to notify Minister of change of registered address within 30 days of change— (a) if the offence is expiated 5 (b) in any other case 25 9—Fisheries Management (Lakes and Coorong Fishery) Regulations 2009 Regulation Description of offence Demerit points 11(2) Causing or permitting agents to be engaged in fishing activities on shore when licence holder or registered master is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11(3) Causing or permitting more than prescribed number of agents to be engaged in taking pipi on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11(4) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11(5) Causing or permitting agents to be engaged in fishing activities on boat when licence holder or registered master is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11(6) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on boat at the same time— (a) if the offence is expiated 15 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 49 Regulation Description of offence Demerit points 11A(2) Causing or permitting agents to be engaged in fishing activities on shore when licence holder or nominated agent is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11A(3) Causing or permitting more than prescribed number of agents to be engaged in taking pipi on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11A(4) Causing or permitting agents to be engaged in fishing activities on shore when licence holder is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11A(5) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11A(9) Contravening or failing to comply with condition of approval— (a) if the offence is expiated 15 (b) in any other case 50 13(1) Licence holder taking pipi for commercial purpose without quota entitlement— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 13(2) Licence holder (other than licence subject to pipi quota entitlement) taking pipi other than for purpose of bait to be used under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 13(3) Licence holder taking vongole other than for purpose of bait or taking vongole in excess of daily limit— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 50 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points (ii) second offence 60 (iii) third or subsequent offence 75 13(4) Licence holder taking cockles in excess of daily limit— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 14 Using more than 6 cockle rakes at any 1 time for purpose of taking pipi under licence— (a) if the offence is expiated 15 (b) in any other case 50 15(2) Failing to comply with Minister's determination made for purposes of subregulation (1) as to provision of certain information to Department if fishing activities involving taking of pipi are, or are to be, engaged in— (a) if the offence is expiated 15 (b) in any other case 75 16 Failing to land pipi taken under licence subject to pipi quota entitlement within State— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 17 Failing to ensure all pipi taken under licence subject to pipi quota entitlement are consigned or delivered to registered fish processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of pipi taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of pipi taken under licence— (a) if the offence is expiated 15 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 51 Regulation Description of offence Demerit points (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 19(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 19(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 20 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 10—Fisheries Management (Marine Scalefish Fisheries) Regulations 2017 Regulation Description of offence Demerit points 4(3) Licence holder taking blue crab for commercial purpose in blue crab fishing zone without quota entitlement relating to that zone— (a) first offence 45 (b) second offence 60 (c) third or subsequent offence 75 11 Registered master other than licence holder in respect of a marine scalefish fishery engaging in certain fishing activities— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 12 Registered master using boat under licence in respect of Restricted Marine Scalefish Fishery causing or permitting more than prescribed number of agents to assist in fishing activities— (a) if the offence is expiated 15 (b) in any other case 50 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 52 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 14(7) Licence holder taking vongole for commercial purpose in vongole fishing zone without quota entitlement relating to that zone— (a) first offence 45 (b) second offence 60 (c) third or subsequent offence 75 16(5) Licence holder taking blue crab in certain waters while unit entitlement is below prescribed number— (a) first offence 45 (b) second offence 60 (c) third or subsequent offence 75 17(6) Licence holder taking sardines while unit entitlement is below prescribed number— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(1) Licence holder (other than licence subject to vongole quota entitlement) taking vongole other than for purpose of bait to be used under licence, or taking on 1 day for such purpose number of vongole in excess of daily limit— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(2) Licence holder taking pipi for commercial purpose without quota entitlement— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(3) Licence holder without pipi quota entitlement taking pipi other than for purpose of bait to be used under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 53 Regulation Description of offence Demerit points (iii) third or subsequent offence 75 18(4) Licence holder taking cockles in any 1 day in excess of daily limit fixed by condition of licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(5) Licence holder taking blue crab for commercial purpose without quota entitlement— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(6) Licence holder taking sardines for commercial purpose without quota entitlement— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 19 Licence holder using or causing etc use of more than 6 cockle rakes at any 1 time for purpose of taking pipi under eligible licence— (a) if the offence is expiated 15 (b) in any other case 50 20 Licence holder failing to ensure pipi taken under licence subject to pipi quota entitlement is landed within State— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 21 Licence holder taking aquatic resources other than sand crabs using sand crab pot (Marine Scalefish Fishery)— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 54 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points (ii) second offence 80 (iii) third or subsequent offence 100 22(2) Being registered owner or registered operator of registered boat on which are carried sand crab pots and other kinds of registered devices at the same time— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 23(2) Being registered owner or registered operator of boat registered under more than 1 MSSF licence used to take sardines under more than 1 licence at the same time— (a) if the offence is expiated 15 (b) in any other case 50 24(2) Failing to comply with Minister's determination by failing to notify Department of certain information before fishing activities involving taking of vongole under licence subject to vongole quota entitlement— (a) if the offence is expiated 15 (b) in any other case 75 25(2) Failing to comply with Minister's determination by failing to notify Department of certain information before fishing activities involving taking of pipi under licence subject to pipi quota entitlement— (a) if the offence is expiated 15 (b) in any other case 75 26(2) Failing to comply with Minister's determination by failing to notify Department of certain information before boat registered under more than 1 MSSF licence is used to take sardines under such licence— (a) if the offence is expiated 15 (b) in any other case 75 27(2) Causing or permitting agents to be engaged in fishing activities on shore when licence holder or registered master is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 27(3) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 55 Regulation Description of offence Demerit points 27(4) Causing or permitting more than prescribed number of agents to be engaged in taking pipi on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 27(6) Causing or permitting more than prescribed number of agents to be engaged in fishing activities under Restricted Marine Scalefish Fishery licence— (a) if the offence is expiated 15 (b) in any other case 50 28(2) Causing or permitting agents to be engaged in relevant fishing activity on shore when licence holder or nominated agent is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 28(3) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 28(4) Causing or permitting more than prescribed number of agents to be engaged in taking Pipi on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 28(8) Contravening or failing to comply with condition of approval of nominated agent— (a) if the offence is expiated 15 (b) in any other case 50 29(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of vongole taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of vongole taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 29(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 56 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 30(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of pipi taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of pipi taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 30(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 31(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of blue crab taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of blue crab taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 31(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 32(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of sardines taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of sardine taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 57 Regulation Description of offence Demerit points 32(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 33(1) Licence holder failing to ensure all vongole taken under licence subject to vongole quota entitlement are delivered or consigned to registered fish processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 33(2) Licence holder failing to ensure all pipi taken under Marine Scalefish Fishery licence subject to pipi quota entitlement are delivered or consigned to registered fish processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 33(3) Licence holder failing to ensure all sardines taken under MSSF licence are delivered or consigned to registered fish processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 34 Licence holder or registered master causing, suffering or permitting sardines to be unloaded onto boat not specified on certificate of registration of fish processor to whom sardines are to be consigned— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 35(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 15 (b) in any other case 50 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 58 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 35(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 15 (b) in any other case 50 36 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 11—Fisheries Management (Miscellaneous Fishery) Regulations 2015 Regulation Description of offence Demerit points 10(1) Causing or permitting agents to be engaged in fishing activities on shore when licence holder or registered master is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 10(2) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 11(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 11(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 12 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 12—Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013 Regulation Description of offence Demerit points 10(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 59 Regulation Description of offence Demerit points 10(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 11 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 13—Fisheries Management (Miscellaneous Developmental Fishery) Regulations 2013 Regulation Description of offence Demerit points 10(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 10(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 11 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 14—Fisheries Management (Miscellaneous Research Fishery) Regulations 2013 Regulation Description of offence Demerit points 9(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 9(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 10 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 60 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] 15—Fisheries Management (Prawn Fisheries) Regulations 2017 Regulation Description of offence Demerit points 9(6) Engaging in fishing activity under licence during daylight hours or closed season— (a) if the offence is expiated 10 (b) in any other case 50 9(7) Engaging in fishing activity under licence by using amalgamated gear without Minister's approval— (a) if the offence is expiated 10 (b) in any other case 50 10(3) Contravening or failing to comply with notice under subregulation (1)— (a) if the offence is expiated 10 (b) in any other case 50 11(2) Licence holder or registered master (Gulf St. Vincent Prawn Fishery) failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of prawn taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of prawn taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 11(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 12(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 12(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 13 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 61 16—Fisheries Management (River Fishery) Regulations 2017 Regulation Description of offence Demerit points 9(a) Causing or permitting agents to be engaged in fishing activities on shore when licence holder is not also so engaged etc at the same time— (a) if the offence is expiated 15 (b) in any other case 50 9(b) Causing or permitting more than prescribed number of agents to be engaged in fishing activities on shore at the same time— (a) if the offence is expiated 15 (b) in any other case 50 10(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 10(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 11 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 17—Fisheries Management (Rock Lobster Fisheries) Regulations 2017 Regulation Description of offence Demerit points 9(1) Using, or causing or permitting the use of, 2 registered boats at the same time 50 10(5) Contravening regulation 10 by using registered boat to take aquatic resources under Southern Zone Rock Lobster Fishery licence where boat has been used on same day under Victorian licence (subregulation (1))— (a) if the offence is expiated 15 (b) in any other case 75 10(5) Failing to comply with regulation 10 by failing to notify Department if using registered boat to take aquatic resources under Southern Zone Rock Lobster Fishery licence or Victorian licence (subregulation (2))— (a) if the offence is expiated 15 (b) in any other case 75 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 62 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 10(5) Contravening regulation 10 by using registered boat to take aquatic resources under Southern Zone Rock Lobster Fishery licence, or storing aquatic resources taken under such licence on registered boat, while aquatic resources taken outside waters to which Act applies are aboard boat (subregulation (4))— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 11(2) Registered master failing to notify Department as determined by the Minister of certain information before registered bait net is set in waters from registered boat— (a) if the offence is expiated 15 (b) in any other case 75 12(1) Northern Zone Rock Lobster Fishery licence holder taking rock lobster in Northern Zone Inner Region during closed season— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 12(2) Northern Zone Rock Lobster Fishery licence holder setting rock lobster pot in Northern Zone Inner Region during closed season— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 13(6) Eligible rock lobster licence holder taking vongole for commercial purpose in vongole fishing zone without quota entitlement relating to that zone— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 63 Regulation Description of offence Demerit points 14(3) Northern Zone Rock Lobster Fishery licence holder engaging, for commercial purpose, in fishing activities of class constituting Fishery while rock lobster pot entitlement under licence is less than prescribed number— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 14(4) Southern Zone Rock Lobster Fishery licence holder engaging, for commercial purpose, in fishing activities of class constituting Fishery while rock lobster pot entitlement under licence is less than prescribed number— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 15(6) Northern Zone Rock Lobster Fishery licence holder engaging, for commercial purpose, in fishing activities of class constituting Fishery while number of rock lobster units allocated to licence is less than prescribed number— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(1) Licence holder (other than licence subject to vongole quota entitlement) taking vongole other than for the purpose of bait or taking vongole in excess of the daily limit— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 18(2) Licence holder taking cockles in any 1 day in excess of daily limit fixed by condition of licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 64 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points (ii) second offence 60 (iii) third or subsequent offence 75 19 Failing to ensure that rock lobster taken under Northern Zone Rock Lobster Fishery licence is landed whole and within State— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 20(1) Failing to ensure all rock lobster and giant crab taken under licence are consigned or delivered to registered fish processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 21(2) Failing to notify Department of certain information if fishing activities involving taking of vongole under licence subject to vongole quota entitlement are, or are to be, engaged in— (a) if the offence is expiated 15 (b) in any other case 75 22(3) Licence holder or registered master (Northern Zone Rock Lobster Fishery) failing to comply with regulation 22(1) by failing to notify Department before rock lobster taken under licence is removed from registered boat, or failing to notify Department of any changes in information notified— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 22(3) Licence holder or registered master (Northern Zone Rock Lobster Fishery) failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in respect of catch and disposal of rock lobster taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of rock lobster taken under licence— (a) if the offence is expiated 15 (b) in any other case— 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 65 Regulation Description of offence Demerit points (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 22(4) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 23(3) Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with regulation 23(1) by failing to notify Department before rock lobster taken under licence is removed from registered boat, or failing to notify Department of any changes in information notified— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 23(3) Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in respect of catch and disposal of rock lobster taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of rock lobster taken under licence— (a) if the offence is expiated 15 (b) in any other case (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 23(4) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 24(3) Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with regulation 24(1) by failing to notify Department before giant crab taken under licence is removed from registered boat, or failing to notify Department of any changes in information notified— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 66 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points (iii) third or subsequent offence 75 24(3) Licence holder or registered master (Southern Zone Rock Lobster Fishery) failing to comply with Minister's determination made for purposes of subregulation (2) by failing to record information in respect of catch and disposal of giant crab taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of giant crab taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 24(4) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 25(2) Licence holder or registered master failing to comply with Minister's determination made for purposes of subregulation (1) by failing to record information in respect of catch and disposal of vongole taken under licence, failing to provide such information to Department, or failing to comply with Minister's requirements as to weighing, storing, placement, sealing, tagging, transport, delivery, consignment etc of vongole taken under licence— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 25(3) Failing to keep records as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 26 Failing to ensure all vongole taken under licence subject to vongole quota entitlement are consigned or delivered to registered fish processor— (a) if the offence is expiated 15 (b) in any other case— (i) first offence 45 (ii) second offence 60 (iii) third or subsequent offence 75 27(1) Failing to provide return to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 67 Regulation Description of offence Demerit points 27(2) Failing to keep copy of return provided to Department as determined by Minister— (a) if the offence is expiated 10 (b) in any other case 50 28 Southern Zone Rock Lobster Fishery licence holder failing to notify Department on becoming holder of, or on ceasing to hold, Victorian licence— (a) if the offence is expiated 5 (b) in any other case 25 29(1) Southern Zone Rock Lobster Fishery licence holder selling live rock lobster during closed season— (a) if the offence is expiated 20 (b) in any other case— (i) first offence 60 (ii) second offence 80 (iii) third or subsequent offence 100 30 Failing to keep records in good condition etc or failing to produce records for inspection by fisheries officer— (a) if the offence is expiated 10 (b) in any other case 50 18—Fisheries Management (Vessel Monitoring Scheme) Regulations 2017 Regulation Description of offence Demerit points 4(1) Failing to ensure registered boat is fitted with approved VMS unit— (a) if the offence is expiated 10 (b) in any other case 50 4(2) Failing to ensure device capable of sending and receiving email is connected to VMS unit in registered boat used to take sardines— (a) if the offence is expiated 10 (b) in any other case 50 5(1) Failing to ensure VMS unit is operating at all times during fishing season— (a) if the offence is expiated 10 (b) in any other case 50 5(2) Failing to ensure device capable of sending and receiving email is operating at all times while VMS unit is operating— (a) if the offence is expiated 10 (b) in any other case 50 Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Schedule 1—Demerit point offences and demerit points 68 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Regulation Description of offence Demerit points 5(3) Failing to take reasonable measures to ensure registered owner is made aware of cessation of operation of VMS unit etc— (a) if the offence is expiated 10 (b) in any other case 50 5(4) Failing to notify Minister that VMS unit has ceased to operate— (a) if the offence is expiated 10 (b) in any other case 25 6(4) Contravention of or failure to comply with condition of approval relating to switching off or placing in sleep mode VMS unit— (a) if the offence is expiated 10 (b) in any other case 25 6(7) Failing to ensure VMS unit is switched on etc before engaging in fishing activity after period when VMS was switched off or placed in sleep mode— (a) if the offence is expiated 10 (b) in any other case 50 6(8) Failing to ensure device capable of sending and receiving email connected to VMS unit is switched on etc before engaging in fishing activity after period when VMS unit and device were switched off or placed in sleep mode— (a) if the offence is expiated 10 (b) in any other case 50 7 Failing to ensure testing of operation of VMS unit etc following servicing or repairing of boat— (a) if the offence is expiated 10 (b) in any other case 50 8(2) Failing to comply with requirements of notice relating to modification or replacement of VMS unit— (a) if the offence is expiated 10 (b) in any other case 50 9(1) Person other than approved installer installing etc VMS unit on registered boat— (a) if the offence is expiated 10 (b) in any other case 25 9(2) Failing to take reasonable steps to prevent person other than approved installer installing etc VMS unit on registered boat— (a) if the offence is expiated 10 (b) in any other case 25 15.1.2018—Fisheries Management (Demerit Points) Regulations 2017 Demerit point offences and demerit points—Schedule 1 [16.1.2018] This version is not published under the Legislation Revision and Publication Act 2002 69 Regulation Description of offence Demerit points 10(1) Failing to ensure alternative means of communication with boat is provided (paragraph (a)), failing to ensure that Department is notified of call sign etc (paragraph (b)), failing to provide Department with details of nominated contact person (paragraph (c)), failing to ensure alternative means of communication with boat is operating at all times during fishing season (paragraph (d)) or failing to ensure directions given by fisheries officer or VMS administrator respecting alternative means of communications are complied with (paragraph (e))— (a) if the offence is expiated 10 (b) in any other case 25 10(2) Failing to notify Department of change in name or contact details of nominated contact person— (a) if the offence is expiated 10 (b) in any other case 25 10(4) Nominated contact person failing to immediately inform registered master of registered boat by alternative means of communication on boat that VMS unit is not operating— (a) if the offence is expiated 10 (b) in any other case 25 12 Failing to comply with directions given by Minister, fisheries officer or VMS administrator— (a) if the offence is expiated 10 (b) in any other case 25 Schedule 2—Revocation of Fisheries Management (Demerit Points) Regulations 2009 The Fisheries Management (Demerit Points) Regulations 2009 are revoked. Fisheries Management (Demerit Points) Regulations 2017—15.1.2018 Legislative history 70 This version is not published under the Legislation Revision and Publication Act 2002 [16.1.2018] Legislative history Notes • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal regulations Year No Reference Commencement 2017 223 Gazette 8.8.2017 p3186 15.1.2018: r 2