All fish declared noxious in Queensland, except the Chinese weatherloach (Misgurnus anguillicaudatus) and the climbing perch (Anabus testudies), are a prohibited import under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cwlth). The overseas export of carp (whether alive or dead) does not require a permit under the Act.
The Quarantine Act 1908 (Cwlth) relates to primary production, especially exotic pests and diseases. It provides power to prohibit imports, enter, seize and dispose.
Endangered Species Protection Act 1992 (No. 194) (Cwlth) requires the development of Threat Abatement Plans for key threatening processes. A key threatening process is a process that threatens or may threaten the survival, abundance or evolutionary development of a native species or ecological community. No fish are currently listed as key threatening processes under Section 3 of the Act. However, the Minister can add to this list at his/her discretion.

State

Noxious fish are listed under schedule 5A of the Fisheries Regulation 1995.
Carp have been declared noxious in Queensland, Victoria and Tasmania (not referred to as noxious but rather as a controlled species).
Tilapias have been declared noxious in Queensland, Victoria, the Northern Territory and New South Wales.
Gambusia has been declared noxious in Queensland.
Hybrids of declared noxious fish are also considered noxious under the Fisheries Regulation 1995.
Under the Fisheries Act 1994 (Qld), and Fisheries Regulation 1995:
- Without a permit, it is unlawful to bring noxious fish or cause noxious fish to be brought into Queensland (Division 5, Section 89). Possessing, rearing, selling or buying noxious fish is unlawful. Releasing, or causing noxious fish to be placed or released in Queensland waters is unlawful.
- Without a permit, it is an offence to take or possess noxious fish, either alive or dead (Division 5, Section 92(1)). A person who takes or possesses noxious fish is required to immediately destroy the fish and notify an inspector of the destruction within two business days of taking or first possessing them; or immediately give the fisheries resources to an inspector; or immediately notify an inspector of taking or possessing noxious fish.
- A penalty of up to $150 000 is payable.
- A fisheries agency may order an inspector to take and remove or destroy noxious fisheries resources, even though other fisheries resources, plants and
  property may be destroyed. The costs incurred by a fisheries agency in taking these actions may be payable by the person who committed the offence, additional to any penalty incurred.
It is proposed that the Act be amended so that it is not an offence to possess dead noxious or non-indigenous fisheries resources. However, it would still be an offence to place noxious or non-indigenous fisheries resources (alive or dead) into Queensland waters or use them as bait.

Non-indigenous fish

Federal

All fish are a prohibited import unless they are listed on Schedule 6 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (Cwlth).
The Quarantine Act 1908 (Cwlth) relates to primary production, especially exotic pests and diseases. It provides power to prohibit imports, enter, seize and dispose.
Endangered Species Protection Act 1992 (No. 194) (Cwlth) requires the development of Threat Abatement Plans for key threatening processes. A key threatening process is a process that threatens or may threaten the survival, abundance or evolutionary development of a native species or ecological community. No fish are currently listed as key threatening processes under Section 3 of the Act. However, the Minister can add to this list at his/her discretion.

State

Under the Fisheries Act 1994 (Qld), and Fisheries Regulation 1995:
- It is unlawful to possess, rear, sell or buy non-indigenous fish and bring them, or cause them to be brought, into Queensland without an authority, unless they are listed on Schedule 6 of the Fisheries Regulation 1995 (Section 80 Fisheries Regulation 1995) Without an authority it is unlawful to release non-indigenous fish or cause them to be released in Queensland waters unless they are listed on Schedule 6 of the Fisheries Regulation 1995 and are released into waters other than waters on unallocated state land and are kept in a way preventing their escape into other waters.
- A penalty of up to $150 000 is payable.
- A fisheries agency may order an inspector to take and remove or destroy non-indigenous fisheries resources even though other fisheries resources, plants and property may be destroyed. The costs incurred by a fisheries agency in taking these actions may be payable by the person who committed the offence, additional to any penalty incurred.
The current list of fish which may be possessed, reared or sold in Queensland without an authority (Schedule 6, Fisheries Regulation 1995, Queensland) is believed to account for less than a third of the species potentially present in the community (not necessarily in the wild). Most of these fish species have not undergone formal assessment to determine their disease or pest risk status. In response to this, there is a review pending at a Federal level to update Schedule 6 of prescribed non-indigenous species. Should this review not go ahead, it is proposed that a similar review be initiated at a State level.

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