Fisheries Amendment Regulation (No. 1) 2004 (Qld)

Fisheries Amendment Regulation (No. 1) 2004

Queensland Fisheries Amendment Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 112 made under the Fisheries Act 1994 Contents Part 1 Part 2 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Fisheries Regulation 1995 3 Regulation amended in pt 2 . . . . . . . . . . . . . . . . 4 Amendment of s 10 (Scientiﬁc names of ﬁsh) . . 5 Amendment of s 25I (SM unit certiﬁcates). . . . . 6 Replacement of s 25K (Transhipment notice and landed ﬁsh notice are evidence of use of entitlement) ....................... 25K Unloaded ﬁsh notice is evidence of use of entitlement . . . . . . . . . . . . . . . . . . . . 7 Insertion of new s 25KA . . . . . . . . . . . . . . . . . . . 25KA Particular notice is evidence of unused entitlement . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s 25O (Application for SM unit certiﬁcate changes required) . . . . . . . . . . . . . . . 6 6 6 6 7 7 7 8 8 8

2 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 9 Replacement of s 25P (Required minimum SM units after transfer). . . . . . . . . . . . . . . . . . . . 8 25P Requirement if application for transfer of all SM units . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 25Q (When transfer of SM units takes effect). . . . . . . . . . . . . . . . . . . . . 9 11 Insertion of new s 25QA . . . . . . . . . . . . . . . . . . 9 25QA Issue of ﬁsher PIN for particular transferees ................ 9 12 Amendment of s 25T (How chief executive must deal with application). . . . . . . . . . . . . . . . . 9 13 Replacement of pt 5C, div 6 and div 7, hdg . . . . 9 14 Amendment and renumbering of s 25W (Change of notice identity number) . . . . . . . . . . 10 15 Insertion of new s 25V . . . . . . . . . . . . . . . . . . . . 10 25V Change of ﬁsher PIN. . . . . . . . . . . . . . . 10 16 Replacement of s 27 (Notice of ﬁlling of certain quotas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 27 Notice of ﬁlling of particular quotas . . . . 10 17 Amendment of s 50 (Buyer licence). . . . . . . . . . 12 18 Replacement of pt 7, div 5, sdivs 2 and 3 . . . . . 13 Subdivision 2 Conditions for SM units 58A Purpose of sdiv 2 . . . . . . . . . . . . . . . . . 13 58B Deﬁnitions for sdiv 2 . . . . . . . . . . . . . . . 13 58C Requirements for taking or possessing spanish mackerel on authorised boat 22 58D Requirement to give prior notice . . . . . . 23 58E Requirement to give replacement prior notice if unloading particular changes . . . . . . . . . . . . . . . 24 58F Amendment or withdrawal of prior notice . . . . . . . . . . . . . . . . . . 25 58G General requirements after prior notice given . . . . . . . . . . . . . . . . . . . . 26 58H Additional requirements if prior notice stated spanish mackerel will be unloaded . . . . . . . . . . . . . . . . . . . 27

3 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 58I Requirement to give transhipment notice . . . . . . . . . . . . . . . . . 28 58J General requirement for unloading spanish mackerel . . . . . . . . . . . . . . . . . 28 58K Additional requirements for unloading spanish mackerel if prior notice given . . 29 58L Requirements for weighing unloaded spanish mackerel . . . . . . . . . . . . . . . . . 31 58M Requirement to give unloaded ﬁsh notice . . . . . . . . . . . . . . 31 58N Notices to chief executive under this subdivision . . . . . . . . . . . . . . . . . . . . . . 32 19 Amendment of s 58O (Criteria for suspending SM units) . . . . . . . . . . . . . . . . . . . . . . . . . . 32 20 Amendment of s 58P (Criteria for cancelling SM units) . . . . . . . . . . . . . . . . . . . 32 21 Amendment of s 62 (Particulars to be contained in register of authorities) . . . . . . . . . . 32 22 Amendment of s 63 (Holder to notify chief executive of certain changes) . . . . . . . . . . . . . . 33 23 Replacement of s 90A (Possession of spanish mackerel in trade or commerce—persons other than authority holders) . . . . . . . . . . . . . . . 33 90A Possessing spanish mackerel without pectoral ﬁn . . . . . . . . . . . . . . . . . . . . . . 33 24 Insertion of new s 108AA . . . . . . . . . . . . . . . . . . 33 108AA Deﬁnitions for div 2 . . . . . . . . . . . . . . . . 33 25 Amendment of s 108A (Particulars to be contained on dockets for wholesale sale of ﬁsheries resources etc.). . . . . . . . . . . . . . . . . . . 36 26 Amendment of s 109 (Statistical returns to be kept—general) . . . . . . . . . . . . . . . . . . . . . . . . . . 36 27 Replacement of ss 109B and 109C . . . . . . . . . . 37 109B Requirements about particular persons keeping returns for holders—using holder’s boat . . . . . . . . . . . . . . . . . . . . . 37 109C Requirements about particular persons keeping returns for holders—ﬁshing under holder’s authority. . . . . . . . . . . . . 38

4 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 109D Records to be kept about wholesale sales of spanish mackerel. . . . . . . . . . . 39 109E Records to be kept about imports of spanish mackerel . . . . . . . . . . . . . . . . . 40 109F Records to be kept about commercial carriage of spanish mackerel . . . . . . . . 41 109G Records to be kept about commercial storage of spanish mackerel . . . . . . . . . 41 109H Notice requirement for bringing spanish mackerel into ‘SM’ ﬁshery area . . 42 28 Renumbering of pt 12, div 3. . . . . . . . . . . . . . . . 43 29 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . 43 Division 3 Automated interactive voice response system Subdivision 1 Preliminary 110C Purpose of div 3 . . . . . . . . . . . . . . . . . . 43 Subdivision 2 The AIVR system 110D Chief executive must establish and operate AIVR system . . . . . . . . . . . . . . 43 110E Requirements for AIVR system. . . . . . . 44 110F Record kept by AIVR system is evidence of particular information . . . . . 44 110G Transaction number given by AIVR system is evidence of transaction . . . . . 44 Subdivision 3 Using the AIVR system 110H Requirement to keep record of transaction number . . . . . . . . . . . . . . . . 45 110I Procedure if AIVR system not working properly . . . . . . . . . . . . . . . . . . . . . . . . . 45 110J Chief executive may make guidelines about using AIVR system . . . . . . . . . . . 46 Subdivision 4 Provisions about guidelines 110K Application of sdiv 4 . . . . . . . . . . . . . . . 46 110L Notiﬁcation . . . . . . . . . . . . . . . . . . . . . . 46 110M Inspection . . . . . . . . . . . . . . . . . . . . . . . 47 110N Admissibility of guidelines in proceedings . . . . . . . . . . . . 47

Part 3 5 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 30 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . Part 13 Transitional provision for the Fisheries Amendment Regulation (No. 1) 2004 114 Existing notice identity numbers . . . . . . 31 Amendment of sch 5B (Special provisions for spanish mackerel commercial ﬁshery). . . . . . . . 32 Amendment of sch 15 (Other ﬁsheries (Commercial)) ...................... 33 Amendment of sch 16 (Glossary of scientiﬁc names used for ﬁsh other than coral reef ﬁn ﬁsh) ........................ 34 Amendment of sch 16A (Glossary of scientiﬁc names of coral reef ﬁn ﬁsh) . . . . . . . . . . . . . . . . 35 Amendment of sch 17 (Deﬁnitions) . . . . . . . . . . Repeal 36 Repeal of declarations . . . . . . . . . . . . . . . . . . . . 47 47 48 48 50 50 51 55

s1 6 s4 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Fisheries Amendment Regulation (No. 1) 2004 . 2 Commencement (1) Part 2 commences on 1 July 2004, immediately after the relevant uncommenced provisions commence. (2) In this section— relevant uncommenced provisions means sections 6to10, 13, 15, 16, 21, 25, 27to32 and 41(6) of the FisheriesAmendment Regulation (No. 3) 2003 . 1 Part 2 Amendment of Fisheries Regulation 1995 3 Regulation amended in pt 2 This part amends the Fisheries Regulation 1995. 4 Amendment of s 10 (Scientiﬁc names of ﬁsh) (1) Section 10(2)(b), after ‘cod,’— insert — ‘grass emperor (grass sweetlip),’. (2) Section 10(2)(l)— omit, insert — 1 The relevant uncommenced provisions commence on 1 July 2004 (see section 2(5) of the Fisheries Amendment Regulation (No. 3) 2003 ).

s5 7 s6 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘(l) for coral reef ﬁn ﬁsh not mentioned in paragraph (j) or (k), estuary cod, grass emperor (grass sweetlip) and malabar grouper—Randall, John E., Allen, Gerald R. and Steene, Roger C., 1997, The Complete Divers and Fishermen’s Guide to Fishes of the Great Barrier Reef and Coral Sea, 2nd revised ed, Crawford House Publishing Pty Ltd, Bathurst, Australia.’. 5 Amendment of s 25I (SM unit certiﬁcates) (1) Section 25I(2)(c)— omit. (2) Section 25I(2)(d) to (k)— renumber as section 25I(c) to (j). 6 Replacement of s 25K (Transhipment notice and landed ﬁsh notice are evidence of use of entitlement) Section 25K— omit, insert — ‘25K Unloaded ﬁsh notice is evidence of use of entitlement ‘(1) This section applies if the holder, or another person acting for the holder, of SM units gives the chief executive an unloaded ﬁsh notice for spanish mackerel for the SM units. ‘(2) The notice is evidence that the holder has taken, under the SM units, the whole weight equivalent of the amount of spanish mackerel stated in the notice. ‘(3) For subsection (2), the whole weight equivalent of the amount of spanish mackerel stated in the notice is— (a) for an amount stated for whole spanish mackerel—the amount stated; or (b) for an amount stated for spanish mackerel that is not whole—the amount worked out in the way stated in schedule 17, part 1, section 14.’.

s7 8 s9 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 7 Insertion of new s 25KA Part 5C, division 3— insert — ‘25KA Particular notice is evidence of unused entitlement ‘(1) This section applies if a holder of SM units has obtained a written notice from the chief executive stating the amount of unused entitlement under the SM units for a stated SM year on a stated date. ‘(2) The notice is evidence of the amount of unused entitlement under the SM units for the stated SM year on the stated date. 2 ’. 8 Amendment of s 25O (Application for SM unit certiﬁcate changes required) Section 25O— insert — ‘(3) Subsection (1) does not apply to a temporary transfer of SM units.’. 9 Replacement of s 25P (Required minimum SM units after transfer) Section 25P— omit, insert — ‘25P Requirement if application for transfer of all SM units ‘(1) This section applies if the application is for the transfer of all the SM units held by the transferor in relation to an SM ﬁshery licence. ‘(2) The chief executive can approve the application only if the transferor has also applied to the chief executive to amend the transferor’s SM ﬁshery licence to remove the ﬁshery symbol ‘SM’ from the licence.’. 2 For information obtained using the AIVR system, see section 110F (Record kept by AIVR system is evidence of particular information).

s 10 9 s 13 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 10 Amendment of s 25Q (When transfer of SM units takes effect) Section 25Q— insert— ‘(2) As soon as practicable after the chief executive approves the application, the chief executive must ensure the AIVR system is updated to reﬂect the transfer.’. 11 Insertion of new s 25QA After section 25Q— insert — ‘25QA Issue of ﬁsher PIN for particular transferees ‘(1) This section applies if— (a) the chief executive has approved an application for a transfer of SM units; and (b) the transferee did not hold any SM units immediately before the transfer. ‘(2) The chief executive must, immediately after the approval is given, issue the transferee a 4-digit identity number (a ﬁsher PIN ) for the SM units transferred to the transferee.’. 12 Amendment of s 25T (How chief executive must deal with application) (1) Section 25T(1) and (2)— omit . (2) Section 25T(3) and (4)— renumber as section 25T(1) and (2). 13 Replacement of pt 5C, div 6 and div 7, hdg Part 5C, division 6 and division 7, heading— omit, insert — ‘Division 6 Change of PINs’ .

s 14 10 s 16 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 14 Amendment and renumbering of s 25W (Change of notice identity number) (1) Section 25W, ‘notice identity number’— omit, insert — ‘unit PIN’. (2) Section 25W— renumber as section 25U. 15 Insertion of new s 25V Part 5C— insert — ‘25V Change of ﬁsher PIN ‘(1) The holder of SM units may change the ﬁsher PIN for the SM units by using the AIVR system. ‘(2) The change of the ﬁsher PIN for the SM units takes effect when the holder is given a transaction number for the change. 3 ’. 16 Replacement of s 27 (Notice of ﬁlling of certain quotas) Section 27— omit, insert — ‘27 Notice of ﬁlling of particular quotas ‘(1) This section applies to a quota other than the following— (a) a daily or time quota; (b) an SM unit issued under schedule 5B; (c) an CT line unit, RTE line unit or OS line unit issued under the Fisheries (Coral Reef Fin Fish) Management Plan 2003 . ‘(2) Immediately after the chief executive becomes aware that a quota has been ﬁlled on a particular day, or is likely to be 3 See section 110E (Requirements for AIVR system) and 110I (Procedure if AIVR system not working properly).

s 16 11 s 16 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ﬁlled within the next month, the chief executive must give each relevant holder a written notice stating that the quota has been ﬁlled on the particular day, or is likely to be ﬁlled within the next month. ‘(3) A holder of an authority who is given a notice under subsection (2) must ensure that every person acting under the authority is also aware of the matters mentioned in the notice. ‘(4) If a notice is given to a holder under subsection (2), the person in control of a boat that is intended to be used to take ﬁsh, to which the quota applies, under the holder’s authority must— (a) if the notice states the quota has been ﬁlled—immediately stop taking the ﬁsh and ensure each other person acting under the authority immediately stops taking the ﬁsh; or (b) if the notice states the quota is likely to be ﬁlled within the next month— (i) by using the AIVR system, obtain on each relevant day information as to whether the quota has been ﬁlled before any person starts taking the ﬁsh from the boat on that day; and (ii) if the person ﬁnds out that the quota was ﬁlled on that day or an earlier day—immediately stop, and ensure each other person acting under the authority immediately stops, taking the ﬁsh. ‘(5) A person in control of a boat complies with subsection (4)(b)(i) if— (a) another person obtains the information, in compliance with the subsection, for the person in control of the boat; and (b) the other person tells the person in control of the boat the information obtained from the AIVR system. ‘(6) In this section— relevant day , in relation to a notice given under subsection (2), means a day— (a) after the notice is given; and

s 17 12 s 17 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (b) on which a boat is intended to be used to take ﬁsh to which the notice applies under the authority to which the notice applies. relevant holder , in relation to a quota, means a person who holds— (a) an authority for taking ﬁsh to which the quota applies; or (b) an authority that is the quota. Examples of an authority that is a quota — 1. An effort unit issued under the East Coast Trawl Plan. 2. An ITQ unit issued under the Fisheries (Spanner Crab) Management Plan 1999 .’. 17 Amendment of s 50 (Buyer licence) Section 50— insert — ‘(3) A buyer licence is subject to the condition that the holder of the licence or a person acting under the licence (the buyer ) must sign the relevant part of a catch disposal record for a relevant licence if— (a) the buyer has bought coral reef ﬁn ﬁsh or spanish mackerel from the holder of, or a person acting under, the relevant licence; and (b) the holder or person has asked the buyer to sign the relevant part of the record; and (c) the buyer is reasonably satisﬁed the record is accurate to the extent the record relates to the coral reef ﬁn ﬁsh or spanish mackerel bought by the buyer from the holder or person. ‘(4) In this section— catch disposal record , for a relevant licence, means the approved form for recording the sale of coral reef ﬁn ﬁsh or spanish mackerel under the licence. relevant licence means—

s 18 13 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) an SM ﬁshery licence; or (b) a licence with the ﬁshery symbol ‘RQ’ written on it.’. 18 Replacement of pt 7, div 5, sdivs 2 and 3 Part 7, division 5, subdivisions 2 and 3— omit, insert — ‘Subdivision 2 Conditions for SM units ‘58A Purpose of sdiv 2 ‘This subdivision prescribes conditions to which the following are subject— (a) SM units; (b) for a commercial ﬁsher or assistant ﬁsher acting under SM units held by another person—the ﬁsher’s commercial ﬁsher or assistant ﬁsher licence. ‘58B Deﬁnitions for sdiv 2 ‘In this subdivision— amending notice deadline , for an amending notice for a prior notice, means— (a) for an amending notice amending the landing period or landing place mentioned in the prior notice—the earlier of the following— (i) when the ﬁrst authorised boat, for the SM unit holder by or for whom the prior notice was given, enters the area within 0.5 n miles of the landing place mentioned in the prior notice; (ii) if the landing place mentioned in the prior notice is at or north of latitude 15º50.30' south 4 —3 hours before the landing period mentioned in the prior notice ends; or 4 Latitude 15º50.30' south approximately runs through Rattlesnake Point.

s 18 14 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (iii) if the landing place mentioned in the prior notice is south of latitude 15º50.30' south—1 hour before the landing period mentioned in the prior notice ends; or (b) for another amending notice—the earlier of the following— (i) when the ﬁrst authorised boat, for the SM unit holder by or for whom the prior notice was given, enters the area within 0.5 n miles of the landing place mentioned in the prior notice; (ii) 1 hour before the landing period mentioned in the prior notice ends. authorised boat , for an SM unit holder, means— (a) the primary commercial ﬁshing boat identiﬁed in the holder’s SM unit certiﬁcate for an SM year; and (b) a tender commercial ﬁshing boat, the licence number for which is stated in the SM unit certiﬁcate, of the primary commercial ﬁshing boat. authorised unloading time , for unloading spanish mackerel for which a prior notice or transhipment notice has not been given, means— (a) if the person unloading the spanish mackerel has been given permission, by an inspector, to unload the spanish mackerel on or after a stated time—the stated time; or (b) otherwise— (i) if the authorised boat or transport vessel on which the spanish mackerel are on board landed at or north of latitude 15º50.30' south 5 and an unnotiﬁable landing notice for the landing was given before 9 a.m. on the day the boat or vessel landed—3 p.m. on the day the boat or vessel landed; or (ii) if the authorised boat or transport vessel on which the spanish mackerel are on board landed at or 5 Latitude 15º50.30' south approximately runs through Rattlesnake Point.

s 18 15 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 north of latitude 15º50.30' south and an unnotiﬁable landing notice for the landing was given between 9 a.m. and 4 p.m. on the day the boat or vessel landed—6 hours after the boat or vessel landed; or (iii) if the authorised boat or transport vessel on which the spanish mackerel are on board landed at or north of latitude 15º50.30' south and an unnotiﬁable landing notice for the landing was given after 4 p.m. on the day the boat or vessel landed—3 p.m. on the day after the boat or vessel landed; or (iv) if the authorised boat or transport vessel on which the spanish mackerel are on board landed south of latitude 15º50.30' south—3 hours after the boat or vessel landed. complying number means— (a) for the total number of spanish mackerel, or total number of spanish mackerel that are not ﬁlleted, on board all the authorised boats for an SM unit holder— (i) if the total number of the spanish mackerel on board the boats is more than 100—a number that is— (A) more than the number worked out by taking the corresponding total number of spanish mackerel mentioned in the prior notice given for the spanish mackerel and subtracting the number that is 1% of the corresponding total number, rounded down to the nearest whole number; but (B) not more than the number worked out by taking the corresponding total number of spanish mackerel mentioned in the prior notice given for the spanish mackerel and adding the number that is 1% of the corresponding total number, rounded down to the nearest whole number; or

s 18 16 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (ii) otherwise—the corresponding total number of spanish mackerel mentioned in the prior notice given for the spanish mackerel; or (b) for the total number of containers containing ﬁlleted spanish mackerel on board all the authorised boats for an SM unit holder—the corresponding total number of containers mentioned in the prior notice given for the spanish mackerel. identiﬁcation code , for a transport vessel, means the sequence of numbers that is to be used to identify the vessel and is— (a) nominated by the chief executive; and (b) published on the department’s website. 6 landing period , for a prior notice, see deﬁnition prior notice particulars , paragraph (f). landing place — (a) for a prior notice—see deﬁnition prior notice particulars , paragraph (c); or (b) for a transhipment notice—see deﬁnition transhipment notice particulars , paragraph (d)(i); or (c) for an unnotiﬁable landing notice—see deﬁnition unnotiﬁable landing notice particulars , paragraph (c)(i). notifying period , in relation to a prior notice or transhipment notice, means the period— (a) starting when the ﬁrst authorised boat, for the SM unit holder who is required to give the prior notice or transhipment notice, leaves for a ﬁshing trip; and (b) ending— (i) for a prior notice—when the prior notice deadline for the notice has passed; or (ii) for a transhipment notice—immediately before the transport vessel, to which the spanish mackerel on 6 At 1 July 2004, the department’s website was at < and the part of the website relating to ﬁsheries resources and ﬁsh habitats was at < s 18 17 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 board the authorised boats for the holder were transferred, lands. prescribed numerical code , for a place, means the sequence of numbers that may be used identify the latitude and longitude coordinates for the place and is— (a) nominated by the chief executive; and (b) published on the department’s website. prescribed person means each of the following— (a) the holder of SM units; (b) a commercial ﬁsher or assistant ﬁsher acting under SM units held by another person. prescribed reason , for not giving a prior notice or transhipment notice, means either of the following— (a) the notice could not be given because all the relevant equipment on board the authorised boats for the SM unit holder who was required to give the notice— (i) was destroyed or made unusable during the notifying period by an unforeseeable and uncontrollable event; and (ii) was not, and could not reasonably have been, replaced or made usable during the notifying period; (b) for not giving a prior notice— (i) the authorised boats for the SM unit holder who was required to give the notice landed because of an unforeseeable and uncontrollable event, including, for example, a medical emergency, ﬁre and extreme weather conditions; and (ii) the notice could not be given because of the event. prior notice area means any of the following— (a) a deﬁned port area; (b) another area that is within 0.5 n miles of a part of the State where landing of a boat is practicable.

s 18 18 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 prior notice deadline , for a prior notice, means the earlier of the following times— (a) the time the ﬁrst authorised boat, for the SM unit holder by or for whom the notice is given, enters the prior notice area; (b) if the landing place mentioned in the notice is at or north of latitude 15º50.30' south 7 and the landing period mentioned in the notice ends during the period starting at 3 p.m. and ending at 10 p.m. on a day—6 hours before the ﬁrst of the authorised boats, for the SM unit holder by or for whom the notice is given, that will be landed at the place will land at the place; (c) if the landing place mentioned in the notice is at or north of latitude 15º50.30' south and the landing period mentioned in the notice ends during the period starting at 10 p.m. on a day (the ﬁrst day ) and ending at 3 p.m. on the following day—4 p.m. on the ﬁrst day; (d) if the landing place mentioned in the notice is south of latitude 15º50.30' south—3 hours before the ﬁrst of the authorised boats, for the SM unit holder by or for whom the notice is given, that will be landed at the place will land at the place. prior notice particulars , for a prior notice, means each of the following— (a) the current ﬁsher PIN for the SM units to which the notice relates; (b) the numerical part of the licence number of the SM ﬁshery licence to which the SM units relate; (c) the prescribed numerical code or the latitude and longitude coordinates for the place (the landing place ) at which any or all of the authorised boats, for the SM unit holder by or for whom the notice is given, will be landed; (d) whether or not it is proposed to unload spanish mackerel from or by using 1 or more of the authorised boats 7 Latitude 15º50.30' south approximately runs through Rattlesnake Point.

s 18 19 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 before the boats leave the unloading area for the landing place; (e) if the person giving the prior notice is prompted by the AIVR system to enter whether all or only part of the spanish mackerel on board the authorised boats will be unloaded before the boats leave the unloading area for the landing place—whether all or only part of the spanish mackerel on board all the authorised boats will be unloaded; (f) the estimated number of hours (the landing period ), rounded to the nearest whole hour, between when the notice is given and when the authorised boats will land at the landing place; (g) the total number of each of the following on board all the authorised boats when the notice is given— (i) spanish mackerel; (ii) containers containing ﬁlleted spanish mackerel; (iii) spanish mackerel that are not ﬁlleted. relevant equipment means equipment that can be used— (a) to use the AIVR system; or (b) to contact a person on land or on board a boat. retained ﬁsh conditions , for a prior notice, means each of the following— (a) the landing period mentioned in the notice ends within the period starting on 1 October and ending on 30 November of a year; (b) the landing place mentioned in the notice is on the mainland between latitude 17º58.60' south and latitude 18º40.00' south; (c) the notice states that only part of the spanish mackerel on board all the authorised boats, for the holder by or for whom the notice was given, will be unloaded before the boats leave the unloading area for the landing place; (d) before the ﬁrst authorised boat leaves the unloading area, the holder, or another person acting for the holder, gives the chief executive a notice (a retained ﬁsh notice )

s 18 20 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 stating the retained ﬁsh notice particulars for the spanish mackerel to be kept on board all the authorised boats for the holder after the authorised boats landed at the place leave the unloading area. retained ﬁsh notice see deﬁnition retained ﬁsh condition s, paragraph (d). retained ﬁsh notice particulars , for a retained ﬁsh notice, means each of the following— (a) the current ﬁsher PIN for the SM units to which the notice relates; (b) the numerical part of the licence number of the SM ﬁshery licence to which the SM units relate; (c) if the person giving the retained ﬁsh notice is prompted by the AIVR system to enter the transaction number for the prior notice in relation to which the retained ﬁsh notice is given—the transaction number; (d) the total number of each of the following that will be on board all the authorised boats, for the SM unit holder by or for whom the notice is given, immediately after the boats leave the unloading area for the landing place mentioned in the prior notice in relation to which the retained ﬁsh notice is given— (i) spanish mackerel; (ii) containers containing ﬁlleted spanish mackerel; (iii) spanish mackerel that are not ﬁlleted. transhipment notice particulars , for a transhipment notice, means each of the following— (a) the current ﬁsher PIN for the SM units to which the notice relates; (b) the numerical part of the licence number for the SM ﬁshery licence to which the SM units relate; (c) the identiﬁcation code for the transport vessel to which the notice relates; (d) the prescribed numerical code or the latitude and longitude coordinates for the places—

s 18 21 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (i) at which the vessel will be landed (the landing place ); and (ii) at which the spanish mackerel that were transferred from the authorised boats, for the SM unit holder by or for whom the notice is given, to the vessel will be unloaded; (e) the date on which the spanish mackerel that were transferred from the authorised boats to the vessel will be unloaded; (f) the total number of each of the following that were transferred from the authorised boats to the vessel— (i) spanish mackerel; (ii) containers containing ﬁlleted spanish mackerel; (iii) spanish mackerel that are not ﬁlleted. unloaded ﬁsh notice particulars , for an unloaded ﬁsh notice, means each of the following— (a) the current ﬁsher PIN for the SM units to which the notice relates; (b) the numerical part of the licence number for the SM ﬁshery licence to which the SM units relate; (c) if the person giving the unloaded ﬁsh notice is prompted by the AIVR system to enter the transaction number for a prior notice, transhipment notice or unnotiﬁable landing notice given in relation to the spanish mackerel mentioned in the unloaded ﬁsh notice—the transaction number; (d) the weight of each of the following that were unloaded by or for the holder— (i) whole spanish mackerel; (ii) gilled and gutted spanish mackerel; (iii) trunked spanish mackerel; (iv) ﬁlleted spanish mackerel. unloading area , for a landing place, means—

s 18 22 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) if the landing place is within a deﬁned port area—the deﬁned port area; or (b) if the landing place is not within a deﬁned port area—an area within 0.5 n miles of the landing place. unloading particular , for a prior notice, means the information mentioned in the notice about whether or not it is proposed to unload spanish mackerel from or by using 1 or more authorised boats, for the SM unit holder by or for whom the notice is given, before the boats leave the unloading area for the landing place mentioned in the notice. unnotiﬁable landing notice see section 58J(2)(b). unnotiﬁable landing notice particulars , for an unnotiﬁable landing notice, means each of the following— (a) the current ﬁsher PIN for the SM units to which the notice relates; (b) the numerical part of the licence number for the SM ﬁshery licence to which the SM units relate; (c) the prescribed numerical code or the latitude and longitude coordinates for the places— (i) at which the authorised boats or transport vessel to which the notice relates have been landed (the landing place ); and (ii) at which the spanish mackerel on board the boats or vessel will be unloaded; (d) the total number of each of the following that are on board the boats or vessel when the notice is given— (i) spanish mackerel; (ii) containers containing ﬁlleted spanish mackerel; (iii) spanish mackerel that are not ﬁlleted. ‘58C Requirements for taking or possessing spanish mackerel on authorised boat ‘(1) A prescribed person may take spanish mackerel from, or possess spanish mackerel on board, an authorised boat for an

s 18 23 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 SM unit holder in an SM year only if the holder holds SM units with unused entitlements for the SM year. ‘(2) Also, a prescribed person must not take spanish mackerel for a recreational purpose from, or possess spanish mackerel taken for a recreational purpose on board, an authorised boat for an SM unit holder if spanish mackerel taken under an SM ﬁshery licence are also on board the boat. ‘(3) Subsection (2) does not apply if— (a) the spanish mackerel taken for a recreational purpose— (i) are taken or possessed for consumption by persons on board the boat; and (ii) are not unloaded from the boat; and (b) if a prior notice under section 58D or 58E has been given for the spanish mackerel taken under the SM ﬁshery licence—the spanish mackerel taken for a recreational purpose are not possessed by the prescribed person less than 1 hour before the landing period mentioned in the notice ends; and (c) not more than the prescribed number of spanish mackerel taken for a recreational purpose are on board the boat at the same time. ‘(4) In this section— prescribed number , for spanish mackerel taken for a recreational purpose from, or possessed for a recreational purpose on board, an authorised boat, means the lower of the following— (a) the number in excess of which spanish mackerel become regulated by number for recreational ﬁshers under a regulated ﬁsh declaration; (b) the number of persons who are on board the boat when the spanish mackerel are taken or possessed. ‘58D Requirement to give prior notice ‘(1) This section applies if—

s 18 24 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) spanish mackerel are on board an authorised boat for an SM unit holder; and (b) an authorised boat for the holder enters a prior notice area; and (c) if the prior notice area is not a deﬁned port area—it is proposed to land 1 or more authorised boats for the holder within the area. ‘(2) The holder must give notice ( prior notice ) of the prior notice particulars to the chief executive before the prior notice deadline for the notice has passed. ‘(3) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder. ‘(4) This section does not apply if— (a) the authorised boats that are proposed to be landed are proposed to be landed at a place— (i) north of latitude 15º16.57' south; 8 or (ii) on an island other than Bribie Island, Fraser Island, Magnetic Island, Moreton Island, North Stradbroke Island or South Stradbroke Island; and (b) it is not proposed to unload spanish mackerel at the place. ‘58E Requirement to give replacement prior notice if unloading particular changes ‘(1) This section applies if— (a) a prior notice has been given by or for an SM unit holder under section 58D; and (b) the notice stated that spanish mackerel were not to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice; and 8 Latitude 15º16.57' south runs through South Cape Bedford.

s 18 25 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (c) the holder, or another person acting for the holder, proposes to unload spanish mackerel before the boats leave the unloading area. ‘(2) The holder must give another notice (also a prior notice ) to the chief executive stating that spanish mackerel will be unloaded before the boats leave the unloading area. ‘(3) The notice must— (a) state all the prior notice particulars; and (b) be given before the prior notice deadline for the notice has passed. ‘(4) A prior notice given under this section replaces the prior notice given under section 58D. ‘(5) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection and subsection (3), for the holder. ‘58F Amendment or withdrawal of prior notice ‘(1) This section— (a) applies if a prior notice has been given by or for an SM unit holder; and (b) states the only circumstances in which the notice may be amended or withdrawn. ‘(2) If a prior notice particular, other than an unloading particular, for the notice changes, the holder, or a person acting for the holder, may by notice ( amending notice ) to the chief executive amend the prior notice to reﬂect the change. ‘(3) An amending notice must be given before the amending notice deadline for the notice has passed. ‘(4) Also, the holder, or a person acting for the holder, may, by notice to the chief executive, withdraw the prior notice at any time before spanish mackerel are taken from any authorised boat for the holder.

s 18 26 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘58G General requirements after prior notice given ‘(1) This section applies if a prior notice has been given by or for an SM unit holder. ‘(2) The person in control of a relevant authorised boat must ensure that— (a) the boat lands— (i) at the landing place mentioned in the notice; and (ii) not more than 1 hour before or after the landing period mentioned in the notice ends; and (b) the total number of each of the following on board all the authorised boats for the holder when the relevant authorised boat lands is a complying number— (i) spanish mackerel; (ii) containers containing ﬁlleted spanish mackerel; (iii) spanish mackerel that are not ﬁlleted. ‘(3) Also, if a relevant authorised boat lands at the landing place mentioned in the notice before the landing period mentioned in the notice ends, the person in control of the boat must ensure the boat stays at the landing place until after the landing period has ended. ‘(4) Subsection (2)(a) does not apply if the relevant authorised boat does not land at the place, or does not land within the period, mentioned in that subsection because of a reason beyond the control of the person in control of the boat. ‘(5) Subsection (3) does not require the person in control of the relevant authorised boat to be on board the boat after the boat has landed. ‘(6) In this section— relevant authorised boat , in relation to a prior notice, means an authorised boat, for the SM unit holder by or for whom the notice was given, that is proposed to be landed at the landing place mentioned in the notice.

s 18 27 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘58H Additional requirements if prior notice stated spanish mackerel will be unloaded ‘(1) This section applies if— (a) a prior notice has been given by or for an SM unit holder; and (b) the notice stated that spanish mackerel were to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice. ‘(2) A prescribed person must not take spanish mackerel from an authorised boat for the holder after the prescribed time unless— (a) all the spanish mackerel on board all the authorised boats for the holder have been unloaded; and (b) an unloaded ﬁsh notice has been given, as required under section 58M, for the spanish mackerel that have been unloaded. ‘(3) Subsection (2)(a) does not apply if the retained ﬁsh conditions are satisﬁed. ‘(4) If asked by an inspector after an authorised boat for the holder lands at the landing place, a prescribed person must tell the inspector— (a) the place (the unloading place ) where the spanish mackerel on board the authorised boats for the holder are to be unloaded; and (b) the estimated time (the unloading time ) at which the spanish mackerel are to be unloaded. ‘(5) If subsection (4) applies, a prescribed person must not unload, or allow to be unloaded, the spanish mackerel on board the authorised boats other than at the unloading place and at the unloading time. ‘(6) In this section— prescribed time , in relation to a prior notice, means the earlier of the following—

s 18 28 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) the time the ﬁrst authorised boat, for the holder by or for whom the notice is given, enters the area within 0.5 n miles of the landing place mentioned in the notice; (b) 1 hour before the landing period mentioned in the prior notice ends. ‘58I Requirement to give transhipment notice ‘(1) This section applies if spanish mackerel are— (a) taken from an authorised boat for an SM unit holder; and (b) transferred, before the spanish mackerel are unloaded, to a following vessel (a transport vessel )— (i) a boat identiﬁed in a carrier boat licence; (ii) a commercial ship registered under the TransportOperations (Marine Safety) Act 1994 ; and (c) proposed to be unloaded from or by using the vessel. ‘(2) As soon as practicable after the spanish mackerel are transferred to the vessel, the holder must give notice ( transhipment notice ) of the transhipment notice particulars to the chief executive. ‘(3) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder. ‘(4) In this section— commercial ship see the TransportOperations(MarineSafety) Regulation 1995 , schedule 11. ‘58J General requirement for unloading spanish mackerel ‘(1) A prescribed person must not unload, or allow to be unloaded, spanish mackerel taken from an authorised boat for an SM unit holder unless— (a) a prior notice as required under section 58D or 58E has been given by or for the holder and the notice stated the spanish mackerel were to be unloaded from or by using 1 or more authorised boats for the holder before the

s 18 29 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 boats leave the unloading area for the landing place mentioned in the notice; or (b) a transhipment notice as required under section 58I has been given by or for the holder for the spanish mackerel. ‘(2) It is a defence to an offence relating to non-compliance with subsection (1) if the prescribed person proves— (a) the prior notice or transhipment notice was not given by or for the holder because of a prescribed reason; and (b) the holder or another person acting for the holder gave the chief executive a notice (an unnotiﬁable landing notice ) for the landing of the authorised boats for the holder, or the transport vessel to which spanish mackerel taken from the authorised boats were transferred— (i) immediately after the ﬁrst of the boats, or the vessel, lands; and (ii) stating the unnotiﬁable landing notice particulars; and (c) the prescribed person did not, before the authorised unloading time— (i) move, or allow to be moved, the boats or vessel to a place more than 200 m from, or not visible to a person at, the landing place mentioned in the unnotiﬁable landing notice; or (ii) move, or allow to be moved, the spanish mackerel from the boats or vessel. ‘58K Additional requirements for unloading spanish mackerel if prior notice given ‘(1) This section applies if— (a) a prior notice has been given by or for an SM unit holder; and (b) the notice stated that spanish mackerel were to be unloaded from or by using 1 or more authorised boats for the holder before the boats leave the unloading area for the landing place mentioned in the notice.

s 18 30 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘(2) A prescribed person must not unload, or allow to be unloaded, the spanish mackerel unless section 58G has been complied with in relation to the notice. ‘(3) Also, a prescribed person may unload, or allow to be unloaded, the spanish mackerel— (a) only after the landing period mentioned in the notice has ended; and (b) if the spanish mackerel are to be unloaded from or by using a tender commercial ﬁshing boat of a primary commercial ﬁshing boat for the holder—only if the tender commercial ﬁshing boat is attached to, or is within 200 m of, the primary commercial ﬁshing boat; and (c) only at a place that is open for entry, under the Act, by an inspector and is any of the following— (i) the landing place mentioned in the notice; (ii) if the landing place is within a deﬁned port area—another place that is within the deﬁned port area; (iii) if the landing place is not within a deﬁned port area—another place that is within 0.5 n miles of the landing place. ‘(4) Subsection (3)(a) does not apply if— (a) the spanish mackerel are unloaded by moving the boat carrying the spanish mackerel to a place on land and, until the landing period has ended— (i) the spanish mackerel are kept on board the boat; and (ii) the boat is kept at a place that is within 200 m of, and visible to a person at, the landing place; or (b) an inspector supervises the person unloading the spanish mackerel.

s 18 31 s 18 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘58L Requirements for weighing unloaded spanish mackerel ‘(1) This section applies if spanish mackerel taken by or for an SM unit holder have been unloaded from or by using an authorised boat for the holder or a transport vessel. ‘(2) The holder— (a) must weigh, or cause to be weighed, the spanish mackerel as soon as practicable after the spanish mackerel have been unloaded; and (b) may weigh, or allow to be weighed, the spanish mackerel only at a place that is open for entry, under the Act, by an inspector. ‘(3) The weight of the spanish mackerel must be worked out using a scale that is veriﬁed or certiﬁed under the TradeMeasurement Act 1990 . ‘58M Requirement to give unloaded ﬁsh notice ‘(1) This section applies if spanish mackerel— (a) were taken from an authorised boat for a SM unit holder; and (b) are unloaded from or by using the boat or a transport vessel. ‘(2) The holder must give notice ( unloaded ﬁsh notice ) of the unloaded ﬁsh notice particulars to the chief executive— (a) as soon as practicable after the ﬁrst time the spanish mackerel on board the boat or vessel are unloaded from or by using the boat or vessel; and (b) if the spanish mackerel are ﬁrst unloaded by moving the boat or vessel carrying the spanish mackerel to a place on land—as soon as practicable after the spanish mackerel are ﬁrst moved from the boat or vessel. ‘(3) Also, the holder, or a commercial ﬁsher acting for the holder, must retain possession of the spanish mackerel until the unloaded ﬁsh notice is given.

s 19 32 s 21 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘(4) The holder complies with subsection (2) if another person gives the notice, in compliance with the subsection, for the holder. ‘58N Notices to chief executive under this subdivision ‘(1) This section applies to a notice given to the chief executive under section 58B, deﬁnition retained ﬁsh conditions , paragraph (d), or section 58D, 58E, 58F, 58I, 58J(2)(b) or 58M. ‘(2) The notice must be given to the chief executive by using the AIVR system. 9 ’. 19 Amendment of s 58O (Criteria for suspending SM units) Section 58O(1), from ‘section 67(2)(b)(i)’— omit, insert — ‘section 68B(4)(b)(i) 10 of the Act for a court suspending SM units under section 68B(2) of the Act.’. 20 Amendment of s 58P (Criteria for cancelling SM units) Section 58P(1), from ‘section 67(2)(b)(i)’— omit, insert — ‘section 68B(4)(b)(i) of the Act for a court cancelling SM units under section 68B(2) of the Act.’. 21 Amendment of s 62 (Particulars to be contained in register of authorities) Section 62(d)— omit, insert — ‘(d) the holder’s postal address;’. 9 See part 12 (Miscellaneous), division 3 (Automated interactive voice response system). 10 Section 68B (Suspension or cancellation of authority by court) of the Act

s 22 33 s 24 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 22 Amendment of s 63 (Holder to notify chief executive of certain changes) (1) Section 63(b) to (d)— renumber as section 63(d) to (f). (2) Section 63(a)— omit, insert — ‘(a) the holder’s name; (b) if the holder is an individual—the holder’s residential, business or mailing address; (c) if the holder is a corporation—the address of the holder’s registered ofﬁce in Queensland;’. 23 Replacement of s 90A (Possession of spanish mackerel in trade or commerce—persons other than authority holders) Section 90A— omit, insert — ‘90A Possessing spanish mackerel without pectoral ﬁn ‘(1) The following persons must not possess, on board a boat, a dead spanish mackerel unless a pectoral ﬁn has been removed from the spanish mackerel— (a) a person conducting a commercial ﬁshing tour or a crew member for the tour; (b) a recreational ﬁsher. Maximum penalty—20 penalty units. ‘(2) This section does not apply to a person possessing spanish mackerel before 1 March 2005.’. 24 Insertion of new s 108AA Part 12, division 2, before section 108A— insert— ‘108AA Deﬁnitions for div 2 ‘In this division—

s 24 34 s 24 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 authorised boat means— (a) for a holder of a commercial ﬁshing boat licence—the primary commercial ﬁshing boat identiﬁed in the licence; or (b) for a holder of another relevant ﬁshing authority— (i) a boat identiﬁed in the authority; or (ii) if a type of boat is identiﬁed in the authority—a boat of the type. buying and selling particulars , for a person who has bought (the buyer ) or sold (the seller ) spanish mackerel, means each of the following— (a) the date on which the buyer started possessing the spanish mackerel sold by the seller to the buyer; (b) the name of the buyer and the number of the authority under which the buyer is acting or, if the buyer is not acting under an authority, the address of the buyer; (c) the name of the seller and the number of the authority under which the seller is acting or, if the seller is not acting under an authority, the address of the seller; (d) the weight of any of the following sold by the seller to the buyer— (i) whole spanish mackerel; (ii) gilled and gutted spanish mackerel; (iii) trunked spanish mackerel; (iv) ﬁlleted spanish mackerel; (v) spanish mackerel in a form not mentioned in subparagraphs (i) to (iv). coral reef ﬁn ﬁsh particulars means— (a) the weight of the following— (i) whole coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way); (ii) gilled and gutted coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way);

s 24 35 s 24 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (iii) ﬁlleted coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way); (iv) coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way) in a form not mentioned in subparagraphs (i) to (iii); (b) the number of live coral trout, red throat emperor, or other coral reef ﬁn ﬁsh (recorded in the prescribed way). group of species , of coral reef ﬁn ﬁsh, means all of the species of coral reef ﬁn ﬁsh identiﬁed under a heading in schedule 16A. prescribed way , for recording the weight or number of coral reef ﬁn ﬁsh other than coral trout and red throat emperor, means recording the weight or number of the ﬁsh— (a) as a total weight or number for all species of the ﬁsh; or (b) as a weight or number for— (i) each individual species of the ﬁsh; or (ii) each group of species of the ﬁsh; or (iii) a combination of individual species and groups of species of the ﬁsh. relevant ﬁshing authority means— (a) a commercial ﬁshing boat licence; or (b) another authority that allows the holder of the authority to take or possess ﬁsh for trade or commerce; or (c) a commercial ﬁshing tour permit. relevant species particulars means— (a) for coral reef ﬁn ﬁsh—the coral reef ﬁn ﬁsh particulars; or (b) for spanish mackerel—the spanish mackerel particulars; or (c) for other ﬁsh—the estimated quantity, by weight or number, of the ﬁsh. spanish mackerel particulars means the weight of the following—

s 25 36 s 26 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) whole spanish mackerel; (b) gilled and gutted spanish mackerel; (c) trunked spanish mackerel; (d) ﬁlleted spanish mackerel; (e) spanish mackerel in a form not mentioned in paragraphs (a) to (d). taking particulars , for a person who has taken spanish mackerel, means— (a) the date the person took the spanish mackerel; and (b) the number of spanish mackerel taken by the person.’. 25 Amendment of s 108A (Particulars to be contained on dockets for wholesale sale of ﬁsheries resources etc.) (1) Section 108A(a) and (b)— omit, insert — ‘(a) the name of the buyer and the number of the authority under which the buyer is acting or, if the buyer is not acting under an authority, the address of the buyer; (b) the name of the seller and the number of the authority under which the seller is acting or, if the seller is not acting under an authority, the address of the seller;’. (2) Section 108A(e) and (f)— omit, insert — ‘(e) the relevant species particulars for each species of ﬁsh sold; (f) the estimated total quantity, by weight or number, of all ﬁsh sold;’. 26 Amendment of s 109 (Statistical returns to be kept—general) (1) Section 109(1), ‘returns’— omit, insert —

s 27 37 s 27 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘records, documents or other information’. (2) Section 109(1)— insert — ‘(g) a holder of an authority that is a quota. Examples of an authority that is a quota — 1. An SM unit issued under schedule 5B. 2. An CT line unit, RTE line unit or OS line unit issued under the Fisheries (Coral Reef Fin Fish) Management Plan 2003 .’. 27 Replacement of ss 109B and 109C Sections 109B and 109C— omit, insert — ‘109B Requirements about particular persons keeping returns for holders—using holder’s boat ‘(1) This section applies if— (a) the chief executive has required a holder of a relevant ﬁshing authority to keep and give to the chief executive information relating to the daily use of an authorised boat for the holder; and (b) the holder is not the person in control of the boat on a day or a number of days (the relevant period ) for which the boat is being used; and (c) another person is in control of the boat during the relevant period. ‘(2) The person in control of the authorised boat during the relevant period must— (a) ﬁll in the relevant part of the form approved by the chief executive for keeping the information for each day during the relevant period; and (b) ensure the form is kept on board the boat, and is available for immediate inspection, at all times while the person is in control of the boat during the relevant period; and (c) at the end of the relevant period—

s 27 38 s 27 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (i) if the holder has requested the person to give the form to the holder at the end of the relevant period—give the form to the holder; or (ii) otherwise—ensure the form is left on board the boat. ‘(3) The holder must— (a) ensure the form is on board the authorised boat at the time the person who is to be in control of the boat during the relevant period starts to be in control of the boat; and (b) give the form to the chief executive at the time required by the chief executive. ‘(4) For subsection (2)(a), the person must ﬁll in the relevant part of the form as soon as practicable after the boat stops being used for ﬁshing under the authority on the day. ‘(5) Subsection (2)(b) does not apply if the authorised boat is used— (a) in a commercial ﬁshery to which a quota does not apply; and (b) for a period of not more than 24 hours. ‘(6) A holder of a relevant ﬁshing authority complies with subsection (3) if another person complies with the subsection for the holder. ‘109C Requirements about particular persons keeping returns for holders—ﬁshing under holder’s authority ‘(1) This section applies if— (a) the chief executive has required a holder of a relevant ﬁshing authority to keep and give to the chief executive information relating to the daily ﬁshing activities under the authority; and (b) the holder is not ﬁshing under the authority on a day or a number of days (the relevant period ); and (c) another person (the relevant person ) is ﬁshing under the authority during the relevant period. ‘(2) The relevant person must—

s 27 39 s 27 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) ﬁll in the relevant part of the form approved by the chief executive for keeping the information for each day of the relevant period; and (b) ensure the form is kept at or near the place where the person is ﬁshing under the authority, and is available for immediate inspection, at all times while the person is ﬁshing under the authority during the relevant period; and (c) give the form to the holder as soon as practicable after the end of the relevant period. ‘(3) The holder must— (a) give the form to the relevant person before the person starts ﬁshing under the authority during the relevant period; and (b) give the form to the chief executive at the time required by the chief executive. ‘(4) For subsection (2)(a), the relevant person must ﬁll in the relevant part of the form as soon as practicable after ﬁshing under the authority ends on the day. ‘(5) A holder of a relevant ﬁshing authority complies with subsection (3) if another person complies with the subsection for the holder. ‘109D Records to be kept about wholesale sales of spanish mackerel ‘(1) This section applies if a person (the selle r ) sells spanish mackerel by wholesale to a person (the buyer ) in the State. ‘(2) The seller and buyer must keep a written record of the buying and selling particulars for the spanish mackerel sold by the seller to the buyer. ‘(3) The seller must keep the record for 5 years after the day the seller stopped possessing the spanish mackerel. ‘(4) The buyer must keep the record for 5 years after the day the buyer stopped possessing the spanish mackerel.

s 27 40 s 27 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘109E Records to be kept about imports of spanish mackerel ‘(1) This section applies if a person— (a) has taken spanish mackerel from waters outside the State and brings the spanish mackerel into the State for trade or commerce; or (b) has bought spanish mackerel from a person outside the State and brings the spanish mackerel into the State for trade or commerce; or (c) has taken, for trade or commerce, spanish mackerel from Queensland waters other than waters within the ‘SM’ ﬁshery area and unloads the spanish mackerel in the State. ‘(2) The person must keep a written record of— (a) if the person took the spanish mackerel—the taking particulars for the spanish mackerel taken by the person; or (b) if the person bought the spanish mackerel from another person—the buying and selling particulars for the spanish mackerel bought by the person. ‘(3) The person must keep the record for the following period— (a) starting— (i) for a person mentioned in subsection (1)(a) or (b)—when the person brings the spanish mackerel into the State; or (ii) for a person mentioned in subsection (1)(c)—immediately before the person unloads the spanish mackerel in the State; (b) ending 5 years after the day the person stops possessing the spanish mackerel. ‘(4) For subsection (1)(c), a person conducting a commercial ﬁshing tour who takes spanish mackerel during the tour does not take the spanish mackerel for trade or commerce. ‘(5) In this section— the State includes Queensland waters.

s 27 41 s 27 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘109F Records to be kept about commercial carriage of spanish mackerel ‘(1) This section applies if a person in control of a boat or vehicle is transporting, on the boat or in the vehicle, spanish mackerel for another person and for trade or commerce. ‘(2) The person must ensure, at all times while the spanish mackerel are on board the boat or in the vehicle— (a) a written record of the carriage information is kept on board the boat or in the vehicle; and (b) the record is available for immediate inspection. ‘(3) In this section— carriage information , for a person transporting spanish mackerel for another person, means each of the following— (a) the name of the other person for whom the person is transporting the spanish mackerel; (b) the address of the place where the spanish mackerel were collected by the person; (c) the address of the place where the spanish mackerel are to be delivered by the person. ‘109G Records to be kept about commercial storage of spanish mackerel ‘(1) This section applies if a person stores, at a place, spanish mackerel for another person and for trade or commerce. ‘(2) The person must ensure, at all times while the spanish mackerel are stored at the place— (a) a written record of the name of the person for whom the person is storing the spanish mackerel is kept at the place; and (b) the record is available for immediate inspection.

s 27 42 s 27 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘109H Notice requirement for bringing spanish mackerel into ‘SM’ ﬁshery area ‘(1) This section applies if a commercial ﬁshing boat on which spanish mackerel, taken from waters other than waters within the ‘SM’ ﬁshery area, are on board enters the ‘SM’ ﬁshery area. ‘(2) The person in control of the boat must notify the nominated person of the following information— (a) the name of the person giving the notice; (b) the name and boat mark of the boat; (c) the total number of spanish mackerel on board the boat when the boat enters the area; (d) if there are ﬁlleted spanish mackerel on board the boat when the boat enters the area— (i) the number of containers containing ﬁlleted spanish mackerel on board the boat when the boat enters the area; and (ii) the number of spanish mackerel that are not ﬁlleted and are on board the boat when the boat enters the area. ‘(3) A notice under subsection (2) must be given— (a) by telephone or facsimile; and (b) before or immediately after the person enters the ‘SM’ ﬁshery area. ‘(4) A person complies with subsection (2) if the person telephones the nominated person and leaves a message on an answering machine provided by the nominated person. ‘(5) In this section— commercial ﬁshing boat includes a boat that a person is entitled to use to take ﬁsh for trade or commerce under a law of the Commonwealth or another State. nominated person means the person who holds the ofﬁce nominated for this section by the chief executive, by publishing the following on the department’s website—

s 28 43 s 29 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) the title of the ofﬁce; (b) the contact details for persons holding the ofﬁce. 11 ’. 28 Renumbering of pt 12, div 3 Part 12, division 3— renumber as division 4. 29 Insertion of new pt 12, div 3 Part 12, after section 110B— insert — ‘Division 3 Automated interactive voice response system ‘Subdivision 1 Preliminary ‘110C Purpose of div 3 ‘This division— (a) provides for the chief executive to establish and operate an automated interactive voice response system; and (b) states the requirements and procedures that apply to the operation and use of the system. ‘Subdivision 2 The AIVR system ‘110D Chief executive must establish and operate AIVR system ‘The chief executive must establish and operate an automated interactive voice response system ( AIVR system ) for the following transactions— 11 At 1 July 2004, the department’s website was at < and the part of the website relating to ﬁsheries resources and ﬁsh habitats was at < s 29 44 s 29 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) a person giving information required to be given, under the Act, to the chief executive by using the AIVR system; (b) a person obtaining information required or permitted to be obtained, under the Act, from the chief executive by using the AIVR system; (c) a person changing the ﬁsher PIN for line units or SM units. 12 ‘110E Requirements for AIVR system ‘(1) The AIVR system must— (a) keep a record of each transaction carried out by a person using the system; and (b) give the person carrying out the transaction a transaction number to identify the record. ‘(2) The record must include the following— (a) any information entered into the system by the person; (b) any information given by the system to the person. ‘110F Record kept by AIVR system is evidence of particular information ‘A record of a transaction kept by the AIVR system is evidence of the information that was entered into, or given by, the system for the transaction. ‘110G Transaction number given by AIVR system is evidence of transaction ‘A transaction number given for a transaction is evidence of the transaction. 12 The phone number for accessing the AIVR is published on the department’s website. At 1 July 2004, the department’s website was at < and the part of the website relating to ﬁsheries resources and ﬁsh habitats was at < s 29 45 s 29 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘Subdivision 3 Using the AIVR system ‘110H Requirement to keep record of transaction number ‘A person using the AIVR system to carry out a transaction must keep a record of the transaction number for the transaction for 6 months after the transaction. ‘110I Procedure if AIVR system not working properly ‘(1) This section applies if— (a) a person is required or permitted under the Act to give or obtain information, or to change a ﬁsher PIN for line units or SM units, by using the AIVR system; and (b) the system is not working properly. ‘(2) The chief executive must ensure the system transfers the person’s telephone call to either of the following (each a nominated person )— (a) an ofﬁcer or employee of the department; (b) a telecommunications service provider for the chief executive appointed by gazette notice. ‘(3) If a person is transferred to a nominated person— (a) the nominated person must give the person a transaction number for the transaction; and (b) the chief executive must, within 14 days after the transaction, give the person a written notice stating the following— (i) any information given by the person to the nominated person; (ii) any information given by the nominated person to the person. ‘(4) A transaction number given under subsection (3)(a) is taken to have been given by the AIVR system. ‘(5) A written notice given under subsection (3)(b) including information mentioned in subsection (3)(b)(i) or (ii) is evidence of that information.

s 29 46 s 29 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘(6) Subject to section 110J, a person who is transferred to a nominated person and who gives information to, or obtains information from, the nominated person is taken to have complied with the requirement under the Act to give or obtain the information by using the system. ‘110J Chief executive may make guidelines about using AIVR system ‘(1) The chief executive may make guidelines about how to use the AIVR system to give or obtain information required or permitted under the Act to be given or obtained by using the AIVR system. ‘(2) A person is taken to have given or obtained the information required to be given or obtained by using the system if, to the extent they are relevant, the guidelines are complied with. ‘Subdivision 4 Provisions about guidelines ‘110K Application of sdiv 4 ‘This subdivision applies if the chief executive makes guidelines under section 110J. ‘110L Notiﬁcation ‘(1) As soon as practicable after making the guidelines, the chief executive must notify the guidelines in the gazette. ‘(2) The Minister must, within 14 sitting days after the gazettal, table the guidelines in the Legislative Assembly as if they were subordinate legislation.

s 30 47 s 30 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 ‘(3) The Statutory Instruments Act 1992 , part 6, 13 applies to the guidelines as if they were subordinate legislation. ‘110M Inspection ‘The chief executive must ensure a copy of the guidelines is available for inspection at the department’s head ofﬁce, free of charge, by members of the public during ofﬁce hours on business days. ‘110N Admissibility of guidelines in proceedings ‘(1) This section provides for the admissibility of the guidelines in certain offence proceedings. ‘(2) The guidelines are admissible in a proceeding relating to contravention of a requirement under the Act to give information to, or obtain information from, the chief executive by using the AIVR. ‘(3) However, the guidelines are not admissible in evidence against a person unless the guidelines were gazetted and tabled in the Legislative Assembly before the act or omission that is alleged to form the offence.’. 30 Insertion of new pt 13 After part 12— insert — ‘Part 13 Transitional provision for the Fisheries Amendment Regulation (No. 1) 2004 ‘114 Existing notice identity numbers ‘From the commencement of this section, a notice identity number for SM units stated on a notice or certiﬁcate given 13 StatutoryInstruments Act1992 , part 6 (Procedures after making of subordinate legislation)

s 31 48 s 32 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 under this regulation is taken to be the unit PIN for the SM units.’. 31 Amendment of sch 5B (Special provisions for spanish mackerel commercial ﬁshery) (1) Schedule 5B, section 23— insert — ‘(3) Despite subsection (2)(a), the chief executive may consider a reconsideration notice received after the end of the 6 week period mentioned in the subsection if the chief executive is reasonably satisﬁed the holder was prevented from giving the notice to the chief executive within the period by reasons beyond the holder’s control.’. (2) Schedule 5B, section 49(8)(a)(ii) and (iii)— omit, insert — ‘(ii) a 4-digit identity number (a unit PIN ) for the SM units.’. (3) Schedule 5B— insert — ‘49A Issue of ﬁsher PIN ‘(1) This section applies if the chief executive has decided under section 49 the number of SM units to be issued to a holder of an SM ﬁshery licence. ‘(2) The chief executive must issue the holder a 4-digit identity number (a ﬁsher PIN ) for the SM units issued to the holder— (a) if the decision was made before the commencement of this section—immediately after the commencement of this section; or (b) if paragraph (a) does not apply—when the chief executive issues the holder an SM unit certiﬁcate for the SM units under section 49.’. 32 Amendment of sch 15 (Other ﬁsheries (Commercial)) (1) Schedule 15, section 3, second subsection (2)—

s 32 49 s 32 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 renumber as subsection (3). (2) Schedule 15, section 25(b)— renumber as section 25(c). (3) Schedule 15, section 25(a)— omit, insert — ‘(a) coral of the class Anthozoa or Hydrozoa, including its uncompacted skeletons; (b) any marine organism living in or on coral mentioned in paragraph (a), other than a marine organism that is a regulated ﬁsh;’. (4) Schedule 15, section 27— omit, insert — ‘27 General conditions of taking coral ‘(1) Coral may be taken only— (a) by the authority holder or a person (a nominee ) nominated by the authority holder; and (b) from the area stated in the authority. ‘(2) Only 1 person may take coral at a time under an authority. ‘(3) The authority holder— (a) can not nominate more than 3 persons as nominees; and (b) must give written notice to the chief executive of each nominee.’. (5) Schedule 15, section 29— omit, insert — ‘29 Selling coral ‘(1) The authority holder or a person (a nominee ) nominated by the authority holder may sell coral taken under the authority. ‘(2) The authority holder— (a) can not nominate more than 3 persons as nominees; and (b) must give written notice to the chief executive of each nominee.’.

s 33 50 s 34 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 33 Amendment of sch 16 (Glossary of scientiﬁc names used for ﬁsh other than coral reef ﬁn ﬁsh) Schedule 16, entry for grass sweetlip— omit, insert — ‘grass emperor (grass sweetlip) Lethrinus laticaudis ’. 34 Amendment of sch 16A (Glossary of scientiﬁc names of coral reef ﬁn ﬁsh) (1) Schedule 16A, under the heading ‘emperors’— insert — ‘miscellaneous emperor, other than Lethrinus spp., other than Lethrinus grass emperor (grass sweetlip) laticaudis ’. (2) Schedule 16A, under the heading ‘parrotﬁshes’, entries for bumphead parrotﬁsh and miscellaneous parrotﬁsh— omit, insert — ‘bumphead parrotﬁsh Bolbometopon muricatum miscellaneous parrotﬁsh Calotomus spp., Chlorurus spp., Hipposcarus spp., Leptoscarus spp. and Scarus spp.’. (3) Schedule 16A, under the heading ‘surgeonﬁshes’, entries for surgeonﬁshes and unicornﬁsh— omit, insert — ‘surgeonﬁshes Acanthurus spp. and Ctenochaetus spp. unicornﬁsh Naso spp. and Prionurus spp.’. (4) Schedule 16A, under the heading ‘tropical snappers and sea perches’—

s 35 51 s 35 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 insert — ‘miscellaneous jobﬁshes Aphareus spp., Etelis spp., Parapristipomoides spp., and Pristipomoides spp. miscellaneous seaperches, other Lutjanus spp., other than Lutjanus than mangrove jack and large scale argentimaculatis and Lutjanus johni , seaperch (ﬁngermark) and Paracaesio spp.’. 35 Amendment of sch 17 (Deﬁnitions) (1) Schedule 17, part 2, deﬁnitions authorised boat , landed ﬁsh notice , notice identity number , prescribed person , prior notice , tag , territorial sea baseline , transhipment notice and transport vessel — omit. (2) Schedule 17, part 2— insert— ‘ AIVR system see section 110D. amending notice deadline , for part 7, division 5, subdivision 2, see section 58B. authorised boat — (a) for part 7, division 5, subdivision 2—see section 58B; or (b) for part 12, division 2—see section 108AA. authorised unloading time , for part 7, division 5, subdivision 2, see section 58B. buying and selling particulars , for part 12, division 2, see section 108AA. complying number , for part 7, division 5, subdivision 2, see section 58B. coral reef ﬁn ﬁsh particulars , for part 12, division 2, see section 108AA. current ﬁsher PIN , for SM units, means—

s 35 52 s 35 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 (a) if the ﬁsher PIN for the units has been changed under section 25V—the ﬁsher PIN after the change under section 25V; or (b) otherwise—the ﬁsher PIN originally issued to the holder of the units under section 25QA or schedule 5B, section 49A. daily quota means a daily quota mentioned in section 28(1). deﬁned port area means a deﬁned port area under the East Coast Trawl Plan. ﬁsher PIN — (a) for line units—see sections 61A and 80A of the Fisheries (Coral Reef Fin Fish) Management Plan 2003 ; or (b) for SM units—see section 25QA and schedule 5B, section 49A. group of species , for part 12, division 2, see section 108AA. identiﬁcation code , for part 7, division 5, subdivision 2, see section 58B. land , a boat, includes— (a) landing a person or thing that is on board the boat; and (b) moving a person or thing that is on land to the boat. landing period , for part 7, division 5, subdivision 2, see section 58B. landing place , for part 7, division 5, subdivision 2, see section 58B. notifying period , for part 7, division 5, subdivision 2, see section 58B. prescribed numerical code , for part 7, division 5, subdivision 2, see section 58B. prescribed person , for part 7, division 5, subdivision 2, see section 58B. prescribed reason , for part 7, division 5, subdivision 2, see section 58B. prescribed way , for part 12, division 2, see section 108AA.

s 35 53 s 35 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 prior notice see sections 58D(2) and 58E(2). prior notice area , for part 7, division 5, subdivision 2, see section 58B. prior notice deadline , for part 7, division 5, subdivision 2, see section 58B. prior notice particulars , for part 7, division 5, subdivision 2, see section 58B. relevant equipment , for part 7, division 5, subdivision 2, see section 58B. relevant ﬁshing authority , for part 12, division 2, see section 108AA. relevant species particulars , for part 12, division 2, see section 108AA. retained ﬁsh conditions , for part 7, division 5, subdivision 2, see section 58B. retained ﬁsh notice , for part 7, division 5, subdivision 2, see section 58B. retained ﬁsh notice particulars , for part 7, division 5, subdivision 2, see section 58B. spanish mackerel particulars , for part 12, division 2, see section 108AA. taking particulars , for part 12, division 2, see section 108AA. territorial sea baseline means the baseline adjacent to the coast of the State as for the time being decided under the Seas and Submerged Lands Act 1973 (Cwlth), section 7(2)(b). 14 transaction number , for giving or obtaining information by using the AIVR system, means the transaction number given to the person by the system for the giving or obtaining of the information. 15 transhipment notice see section 58I(2). transhipment notice particulars , for part 7, division 5, subdivision 2, see section 58B. 14 Seas and Submerged Lands Act 1973 (Cwlth), section 7 (Limits of territorial sea) 15 See section 110E (Requirements for AIVR system).

s 35 54 s 35 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 transport vessel see section 58I(1)(b). unit PIN see schedule 5B, section 49. unload , in relation to ﬁsh, means— (a) for ﬁsh taken by a commercial ﬁsher from a commercial ﬁshing boat— (i) moving the ﬁsh from the boat, or a transport vessel to which the ﬁsh were transferred, to a vehicle or a place, including, for example, the following places— (A) a wharf; (B) an enclosed part of Queensland waters used to keep live ﬁsh; (C) any place on land; or (ii) moving the boat carrying the ﬁsh to a place on land; or (b) for ﬁsh taken by a recreational ﬁsher from a boat— (i) moving the ﬁsh from the boat to a vehicle or a place on land; or (ii) moving the boat carrying the ﬁsh to a place on land. unloaded ﬁsh notice see section 58M(2). unloaded ﬁsh notice particulars , for part 7, division 5, subdivision 2, see section 58B. unloading area , for part 7, division 5, subdivision 2, see section 58B. unloading particular , for part 7, division 5, subdivision 2, see section 58B. unnotiﬁable landing notice , for part 7, division 5, subdivision 2, see section 58B. unnotiﬁable landing notice particulars , for part 7, division 5, subdivision 2, see section 58B.’.

s 36 55 s 36 Fisheries Amendment Regulation (No. 1) 2004 No. 112, 2004 Part 3 Repeal 36 Repeal of declarations The following declarations are repealed— • Fisheries (Asian Green Mussels) Disease and Quarantine Declaration 2002 SL No. 44 • Fisheries (BHC) Disease Declaration 2002 SL No. 194. ENDNOTES 1. Made by the Governor in Council on 24 June 2004. 2. Notiﬁed in the gazette on 25 June 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004