Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 631

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Fisheries Regulations (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 21 April 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

JOHN KERIN

Minister of State for Primary Industries and Energy

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Commencement

1. These Regulations shall come into operation on 1 May 1988.

2. After regulation 15 of the Fisheries Regulations the following regulation is inserted:

Weekly return relating to gemfish

“15a. (1) This regulation applies to processors operating in any of the following States, namely, New South Wales, Victoria, Queensland, South Australia and Tasmania.

“(2) A processor who has at any time during any period of 7 days ending on a Sunday that falls after the commencement of this regulation received or transferred gemfish shall, not later than 24 hours after the end of that period, send a return in a form approved by the Minister containing, in respect of that period, the prescribed information by prepaid post to:

The Manager

Southern Trawl Fisheries

Australian Fisheries Service

Department of Primary Industries and Energy

GPO Box 858

Canberra, A.C.T. 2601.

 

“(3) For the purposes of subregulation (2), the prescribed information is, subject to this regulation, the following information:

(a) the date on which the gemfish were received or transferred;

(b) the name of the person receiving or transferring the gemfish;

(c) the address of the depot at which the gemfish were received or from which the gemfish were transferred;

(d) the total quantity (in kilograms) of the gemfish received or transferred;

(e) the quantity (in kilograms) of the gemfish received or transferred in each of the following forms:

(i) whole gemfish;

(ii) gutted gemfish;

(iii) gutted and headed gemfish;

(iv) gemfish in any other form.

“(4) Where gemfish are received by a first processor from a fishing boat, the prescribed information to be provided by that processor shall, in addition to the information required under subregulation (3), include the following information:

(a) the name of the fishing boat taking the gemfish;

(b) the name of the master of the boat;

(c) the area of water where the gemfish were taken;

(d) the name of the port where the gemfish were landed.

“(5) Where a first processor transfers gemfish to a second processor:

(a) the prescribed information to be provided by the first processor shall, in addition to the information otherwise required under this regulation, include information as to the name and usual business address of the second processor; and

(b) the prescribed information to be provided by the second processor shall, in addition to the information required under subregulation (3), include information as to the name and usual business address of the first processor.

“(6) A processor who:

(a) has sent a return in respect of a period of 7 days as referred to in subregulation (2); and

(b) receives or transfers gemfish in the ordinary course of his or her business;

is required to send a return in respect of each subsequent period of 7 days, whether or not the processor receives or transfers gemfish during any such period.

“(7) In this regulation:

‘first processor’ means a processor receiving gemfish from a person who has taken the gemfish;

‘fishing boat’ means an Australian boat or a foreign boat;

‘gemfish’ means any specimen of the species Rexea solandri;

‘processor’ means a person who undertakes processing of gemfish for trading or manufacturing purposes;

‘second processor’ means a processor to whom gemfish are transferred;

‘transfer’ means delivery of gemfish from a first processor to a second processor.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 April 1988.

2. Statutory Rules 1954 No. 116 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 30 and see also