(1)  A person must not take scallops from State waters during a closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(2)  A person must not have possession of scallops during a closed season.

Penalty:  Fine not exceeding the applicable Grade 3 penalty.

(3)  It is a defence in any proceedings for an offence under subrule (2) for a person to prove that –

(a) the scallops were taken, bought, sold, in possession of that person or imported into the State during an open season; or

(b) the scallops were taken, bought, sold or in possession of that person acting under the authority of a Bass Strait scallop entitlement.