Technically any fish not native to our state is non-indigenous and going by the
Fisheries Act 1994,Current as at 22 November 2012 Section 90(1)(a) A person must not unlawfully—possess, rear, sell or buy non-indigenous fisheries
resources. Also note Section 92(1)(a)
Extract below...
90 Non-indigenous fisheries resources not to be possessed,
released etc.
(1) A person must not unlawfully—
(a) bring non-indigenous fisheries resources, or cause
non-indigenous fisheries resources to be brought, into
Queensland; or
(b)
possess, rear, sell or buy non-indigenous fisheries
resources; or
(c) release non-indigenous fisheries resources, or cause
non-indigenous fisheries resources to be placed or
released, into Queensland waters; or
(d) release non-indigenous fisheries resources, or cause
non-indigenous fisheries resources to be placed or
released, in a waterway or lake in a wild river area.
Maximum penalty—2000 penalty units.
(2) Subsections (1)(a) and (b) do not apply to non-indigenous
fisheries resources prescribed under a regulation or
management plan.
(3) In this section—
lake see the Water Act 2000, schedule 4.
91 Aquaculture fisheries resources not to be released
A person must not unlawfully release aquaculture fisheries
resources, or cause aquaculture fisheries resources to be
released, into Queensland waters.
Maximum penalty—2000 penalty units.
92 Duty of person who takes or possesses noxious or
non-indigenous fisheries resources
(1) A person who unlawfully takes or possesses noxious or
non-indigenous fisheries resources must immediately—
(a) if the fisheries resource is a fish—kill it; or
(b) if the fisheries resource is a plant—destroy it.
Maximum penalty—2000 penalty units.
Many fish species are already here and being bred and sold by hobbyist and stores alike though. The problem is that to police or enforce the wording as in the
Fisheries Act 1994,Current as at 22 November 2012 at present would just be impractical. At this stage, if it is not on the noxious list you pretty much wont be done for keeping said fish hence why even the stores still sell any fish not found on the noxious lists(Including exotics). It's a grey area. One would however expect this to change over time though as species are one by one evaluated for environmental impact and directly added to the noxious list. The difference being that the noxious list is enforced and policed. I hope that makes sense.
