Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1990 No. 791

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Fisheries Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Fisheries Act 1952.

Dated 26 April 1990.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

J. KERIN

Minister of State for

Primary Industries and Energy

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Weekly return relating to gemfish

1. Regulation 15a of the Fisheries Regulations is amended:

(a) by omitting subregulation (2) and substituting the following subregulation:

“(2) A handler who has, at any time during a period of 7 days ending on a Sunday that falls after 1 May 1990, received or transferred gemfish must:

(a) not later than 24 hours after the end of that period— send a return, in the form approved by the Minister and containing the prescribed information in respect of that period, to the Department by facsimile transmission service; and

(b) not later than 48 hours after the end of that period— send a return, in the form approved by the Minister and containing the prescribed information in respect of that period, to the Department at the address specified in the form.

Penalty:

(a) in the case of a natural person—$2,000; or

(b) in the case of a body corporate—$10,000.”;

(b) by omitting paragraph (3) (b) and substituting the following paragraphs:

“(b) the name of the person transferring the gemfish;

(ba) the name and address of the person receiving the gemfish;

(bb) the number of any invoice or other document that is issued in the course of the transfer or other delivery of the gemfish;”;

(c) by inserting “and” at the end of paragraph (5) (a);

(d) by omitting from paragraph (5) (b) “handler; and” and substituting “handler.”;

(e) by omitting paragraph (5) (c);

(f) by inserting “as required by that subregulation” after “days” (second occurring) in subregulation (6);

(g) by adding at the end the following subregulations:

“(7) In respect of:

(a) the first return that is sent under subregulation (2) by a handler after 1 May 1990; and

(b) the first return that is sent under subregulation (2) by a handler after 1 May of each subsequent year;

the prescribed information must include a statement, in the form approved by the Minister, of the total weight of gemfish in the possession of the handler at the end of 30 April of that year.

“(8) It is a defence to a prosecution under subregulation (2) or (6) if the defendant shows:

(a) that it was not reasonably practicable for the defendant to comply with that subregulation within the time specified; and

(b) that the defendant complied with that subregulation as soon as was reasonably practicable.”.

Offences in relation to log-books

2. Regulation 18 of the Fisheries Regulations is amended by inserting “or at the time or times specified in the log-book” after “paragraph (a)” in paragraph (1) (b).

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 April 1990.

2. Statutory Rules 1954 No. 116 as amended to date. For previous amendments see Note 2 to Statutory Rules 1990 No. 78 and see also