Untitled document

Fisheries Amendment Regulations 2010

S.R. No. 118/2010

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Prescribed priority species and exemptions

PART 12A¾PRESCRIBED PRIORITY SPECIES AND EXEMPTIONS

454APrescribed priority species and commercial quantities

454BExemptions relating to the receipt of any quantity of a priority species (other than abalone or rock lobster)

454CExemptions relating to the receipt, processing or possession of a priority species (other than abalone or rock lobster) in a commercial quantity

454DExemptions relating to the sale of a priority species (other than abalone or rock lobster)

6New Schedule 18 inserted

SCHEDULE 18—Priority Species and Commercial Quantities

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ENDNOTES

STATUTORY RULES 2010

S.R. No. 118/2010

Fisheries Act 1995

Fisheries Amendment Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 26 October 2010

Responsible Minister:

JOE HELPER
Minister for Agriculture

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Fisheries Regulations 2009 to—

(a)declare Southern Bluefin Tuna as a priority species; and

(b)prescribe exemptions from offences in the Fisheries Act 1995 relating to the receipt, possession, sale and processing of Southern Bluefin Tuna and Murray cod.

2Authorising provisions

These Regulations are made under sections 4 and 153 of the Fisheries Act 1995.

3Commencement

These Regulations come into operation on 1 November 2010.

4Principal Regulations

In these Regulations, the Fisheries Regulations 2009[1] are called the Principal Regulations.

5Prescribed priority species and exemptions

After Part 12 of the Principal Regulations insert—

"PART 12A¾PRESCRIBED PRIORITY SPECIES AND EXEMPTIONS

454APrescribed priority species and commercial quantities

(1)The species of fish listed in Column 2 of the Table in Schedule 18 is a priority species.

(2)The commercial quantity of fish in the case of a priority species listed in Column 2 of the Table in Schedule 18 is the quantity of fish listed in Column 3 of that Table that corresponds to that priority species.

454BExemptions relating to the receipt of any quantity of a priority species (other than abalone or rock lobster)

A person is exempt from section 40(1)(a) of the Act, in respect of the receipt of legally obtained fish of a priority species (other than abalone or rock lobster) if—

(a)the person is acting under and in accordance with a fish receiver permit granted under the Fisheries Management Act 1991 of the Commonwealth that authorises the receipt of that species of fish, and the fish are received from a person authorised to take that species of fish under that Act; or

(b)the person—

(i)received the fish from any other person; and

(ii)the fish are accompanied by a receipt containing—

(A)the date the receipt was issued; and

(B)the quantity (net weight), form and species of the fish; and

(C)the name and address of the person from whom the fish was received; and

(iii)keeps a copy of that receipt.

Note

Under section 4(9) of the Act, a person who is exempted from any provision or requirement under the Act is to be treated as if the person were authorised to do or not do the thing from which they are exempted from doing or not doing.

454CExemptions relating to the receipt, processing or possession of a priority species (other than abalone or rock lobster) in a commercial quantity

(1)A person is exempt from section 111A of the Act, in respect of the receipt of legally obtained fish of a priority species (other than abalone or rock lobster) in a commercial quantity if the person received the fish in either of the circumstances set out in regulation 454B.

(2)A person is exempt from section 111A of the Act, in respect of the processing of legally obtained fish of a priority species (other than abalone or rock lobster) in a commercial quantity if the person received the fish in either of the circumstances set out in regulation 454B.

(3)A person is exempt from section 111C of the Act, in respect of the possession of legally obtained fish of a priority species (other than abalone or rock lobster) in a commercial quantity if the person received the fish in either of the circumstances set out in regulation 454B.

454DExemptions relating to the sale of a priority species (other than abalone or rock lobster)

A person is exempt from section 40(1)(c) and 111A of the Act in respect of the sale of legally obtained fish of a priority species (other than abalone or rock lobster) if—

(a)the fish sold by the person was received by the person in either of the circumstances set out in regulation 454B; and

(b)the person, at the time of the sale of the fish, issues a receipt in respect of that fish containing the following—

(i)the date the fish were sold; and

(ii)the quantity, form and species of the fish sold; and

(iii)the person's name and address; and

(c)the person keeps a copy of that receipt.

Note

Under section 4(9) of the Act, a person who is exempted from any provision or requirement under the Act is to be treated as if the person were authorised to do or not to do the thing from which they are exempted from doing or not doing. The exemptions in this regulation only have effect to the extent specified in this regulation.".

6New Schedule 18 inserted

After Schedule 17 of the Principal Regulations insert—

"__________________

SCHEDULE 18

Regulation 454A

PRIORITY SPECIES AND COMMERCIAL QUANTITIES

Table

Column 1 Item number	Column 2 Priority Species	Column 3 Commercial quantity
1	Southern Bluefin Tuna (Thunnus maccoyii)	If in carcass form, 3 fish or more; If in any other form, 160 kilograms or more (including ice or any other thing that cannot be readily separated from the Southern Bluefin Tuna in the form that it is found

Notes

1.    This Table does not include the commercial quantities for the priority species being abalone, rock lobster and Murray cod.

2.     Commercial quantity is defined in the Fisheries Act 1995.".

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ENDNOTES

[1] Reg. 4: S.R. No. 2/2009 as amended by S.R. No. 19/2009.