Piss'n'Broke Posted July 2, 2007 Share Posted July 2, 2007 (edited) Finally 34J Offences (1) A recreational fisher who is required by this Division to pay a fishing fee is guilty of an offence if the fisher fails to pay the fishing fee. Maximum penalty: 20 penalty units. (2) A recreational fisher who is required by this Division to pay a fishing fee is guilty of an offence if the fisher does not have an official receipt for the payment of the fishing fee in his or her possession when taking fish from any waters. Maximum penalty: 20 penalty units. (3) For the purposes of proceedings under this section, a person who is in possession of fishing gear on, in or adjacent to any waters is presumed conclusively to be taking fish from those waters (even though the person takes or proposes to take fish only from other waters outside the State). The regulations may provide exemptions from this subsection. (4) In this section, official receipt includes any evidence of the payment of a fishing fee recognised by the regulations for the purposes of this section This is the exact law/legislation. Fore more details refer to http://www.legislation.nsw.gov.au/maintop/.../inforce/NONE/0 Look under F=Fisheries, then Fisheries Management Act, no 38 Edited July 2, 2007 by Dan and Greg Link to comment Share on other sites More sharing options...
pjbink Posted July 2, 2007 Share Posted July 2, 2007 Anyway I was extremely embarressed to find out when presenting my license it had expired 2 weeks previously. The femial officer was friendly and curtius and asked me to state my case, which she wrote down and promised a written response. I received a warning and studiously check the dates now. Your lucky it was just your fishing license. I was pulled over at an RBT (which I passed) and was also asked to show my driver's license. The officer (and myself) discovered it had expired 6 days ago. He told me "This is an offence! Move over to the side!" When he got back to me he gleefully told me that I had to leave the car there and not drive it until my license was renewed (no way of doing this on a public holiday). If I drove the car I would be arrested and fingerprinted! Now I don't mind being pinged for forgetting to renew my license but I didn't apreciate the arrest threats or even more so leaving my car in an unlight, non built up area known for hoons and vandals. Left there overnight there would be a high chance of it being stripped or burnt to a crisp and I would lose my only way of getting to work. I tried to explain this to the Sgt in command and request permission to drive the 3 km back home and all I got was more arrest threats (4) and a lecture on how I would be a danger to the public and my insurance would be invalid if I drove. Now I would have though any difficulties with insurance would be my problem and my license being out by a few days would not make me a dangerous driver. This was the same fearless area command that was nowhere to be seen when the Cronulla revenge attacks were taking place! PS, I saw the Motorway show from N.Z where a driver was stopped for being unregistered (2 years I think) and a defective vehicle and the cops let him drive home! What would he have got in NSW - the death penalty? Link to comment Share on other sites More sharing options...
dangles Posted July 2, 2007 Share Posted July 2, 2007 (4) In this section, official receipt includes any evidence of the payment of a fishing fee recognised by the regulations for the purposes of this section by this line any valid license number is actually evidence of payment Link to comment Share on other sites More sharing options...
pelican Posted July 2, 2007 Share Posted July 2, 2007 Be interested if there is actually a fisheries protocol on procedure for stop and checks and be nice to have a read as we all know the law is an ass in process and it's worse than that a lot of the time. The purpose has to be at the heart of all this. To stop degredation of fish stocks. It shouldn't be a big stick thing unless required with obvious offences. Link to comment Share on other sites More sharing options...
Piss'n'Broke Posted July 2, 2007 Share Posted July 2, 2007 (edited) by this line any valid license number is actually evidence of payment Hmmmm that all depends upon your definition of an official receipt.... As far as Im aware there is only one type of "Official receipt" and thats your license nothing else! On that note this is my last post in this topic,,,, Ive contacted fisheries and given you alll the information I have to make an informed decision,,,,, so now you are all aware of the regulations/laws, no-body can plead ignorance!!!!!!!!!!!!! If you want any further details PM me and I will give you my contact with Fisheries, as I can still see there is some confusion on this issue.... bottom line rule 2,, carry your license,, OR ELSE! Dont wanna see any raider get fined! D&G Edited July 2, 2007 by Dan and Greg Link to comment Share on other sites More sharing options...
netic Posted July 3, 2007 Share Posted July 3, 2007 (edited) I think you guys are looking into the law a little too much.....As i said before...the guys out on the water arent robots...they are good blokes...normal blokes like us and so long as you have a license they seem fine, by prividing them with a license number or a receipt number that are satisfied you are complying with NSW fishing Laws.... And the word "official recipt" does not mean you have to have a peice of paper in your hand.....under common law it can also mean many things........ And it actually states "official receipt includes any evidence of the payment of a fishing fee recognised by the regulations for the purposes of this section" Having a License number is evidence of a payment of a fihing fee as i couldnt have a license number if a hadnt made payment. And after i purchased my fishing license online i was advised to keep a reference to that number and if i was ask to produce a license by a fisheries officer that i was to use the number till my actual license arrived in the post. I never received my license in the post so legally i presume i can continue using the number. Edited July 3, 2007 by netic Link to comment Share on other sites More sharing options...
Piss'n'Broke Posted July 3, 2007 Share Posted July 3, 2007 I know previously stated I wouldnt dive into this topic as its wearing very thin!!!!!!! But good luck to those that dont wish to carry their license.... I hope to gawd you never get asked for it as anyone can quote a number like my drivers license,,, it doesnt mean you have ONE(LICENSE),,, and as far as I was aware, and Im on the phone to a mate in the DPI, fisheries laws arent open to intrepration,, Its a open and close case! CARRY IT Ohh and by the way,,, my Fisheries mate, is joining Raider without the next 48hrs,,,, then you can get it from the horses mouth, as for what Ive pointed out sofar, nobody seems to be paying attention,,,,,,, Not that I care, I know what Im doing is right!! But perhaps mmaaaybbbee you may all listen to him, seeing as though,,,,, you get the point Cheers D&G Link to comment Share on other sites More sharing options...
netic Posted July 3, 2007 Share Posted July 3, 2007 (edited) D & G, I understand where your coming from but as i said i have been let of before. And if i was fined i would contest it... If the law is stated as you have put above then you will contest it and the case will be dismissed. I studied law for over 2 years ( before i decided i hated it) and the way that act has been worded is too open to interpretation and it does not state you must have a receipt in your possession or the evidence must be provided in writing. That fact alone will allow you to contest it. Your mate may say he will still fine someone but that someone will have the case dismissed because they do have a license. NSW fisheries will also have to amend there website as i have said before, there own website states that the number can be used till the license arrives....and seeing the fiheries department does not use registered mail they cannot say to a 100% certainty that the license was delivered....Which means i can continue to use the number This is the law and many laws including this one are not worded correctly, so according to the paragraphs you listed under 34j you will fight it and win Even though in Paragraph 1 it states they must have "oficial receipt in his/her possession" and ordinarly you would say that means the license itself the following paragraph numbered 4 superseeds that as it explains what "official receipt" means......which in that explanation would allow you to have any fines reveresed in court if you did supply the officers with a license number and they still decided to fine you. Its the way our system works..... ask any lawyer and they will agree.... I have been to court over simalar things and won.....I got done on a mobile at traffic lights...contested it and got away with it because the act stated "moving car" the cop still fined me but i won in court....Just like your mate will fine me..and i will win in court Edited July 3, 2007 by netic Link to comment Share on other sites More sharing options...
Flightmanager Posted July 3, 2007 Share Posted July 3, 2007 I think we have pretty much covered evrything we can in this topic , it is now closed . Thank you all for your input. Ross [Mod] Link to comment Share on other sites More sharing options...
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