Untitled document

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

S.R. No. 14/2009

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Commencement

3Authorising provision

4Principal Regulations

5Offences

6New regulations 7 and 8 inserted

7Prescribed fisheries offences

8Savings and Transitionals—Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

7Revocation of fisheries offences in Schedule 2

8New Schedule 3 inserted for fisheries offences

SCHEDULE 3—Offences against the Fisheries Act 1995 and the Fisheries Regulations 2009

9New items inserted in Schedule 3 from 1 April 2009

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ENDNOTES

STATUTORY RULES 2009

S.R. No. 14/2009

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 24 February 2009

Responsible Minister:

JOE HELPER
Minister for Agriculture

RYAN HEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a)to revoke items from Schedule 2 which relate to offences against the Fisheries Regulations 1998 and the Fisheries Act 1995;

(b)to insert a new Schedule of offences against the Fisheries Regulations 2009 and the Fisheries Act 1995 for which an infringement notice may be served;

(c)to prescribe penalties for those prescribed offences;

(d)to make other amendments.

2Commencement

(1)These Regulations, except regulation 9, come into operation on 2 March 2009.

(2)Regulation 9 comes into operation on 1 April 2009.

3Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

4Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.

5Offences

(1)For the heading to regulation 6 of the Principal Regulations, substitute—

"Prescribed offences other than fisheries offences".

(2)In regulation 6(1) of the Principal Regulations, after "prescribed offences" insert "other than offences against the Fisheries Act 1985 or the Fisheries Regulations 2009".

(3)In regulation 6(2) of the Principal Regulations, after "prescribed offences" insert "referred to in subregulation (1)".

6New regulations 7 and 8 inserted

After regulation 6 of the Principal Regulations, insert—

"7   Prescribed fisheries offences

(1)For the purposes of section 91(1) of the Act, the prescribed offences against the Fisheries Act 1985 and the Fisheries Regulations 2009 are the offences set out in Column 3 of Schedule 3.

(2)For the purposes of section 91(3) of the Act, the penalty prescribed for a prescribed offence referred to in subregulation (1) is the amount set out in Column 4 of Schedule 3 opposite that prescribed offence.

(3)A summary of an offence in Column 5 of Schedule 3 is not to be taken to affect—

(a)the nature or elements of the offence to which the summary refers; or

(b)the operation of these Regulations.

(4)In Column 5 of Schedule 3—

(a)a reference to a regulation is a reference to a regulation of the Fisheries Regulations 2009[2]; and

(b)a reference to a section is a reference to a section of the Fisheries Act 1995.

8Savings and Transitionals—Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009

Without limiting the operation of sections 28 and 30 of the Interpretation of Legislation Act 1984, if—

(a)an offence set out in an item of Schedule 2 as in force immediately before the commencement of the Conservation, Forests and Lands (Infringement Notice) Amendment (Fisheries Infringement) Regulations 2009 (has been committed before the commencement; and

(b)the item has been revoked by those Regulations and has not been re‑enacted in Schedule 3—

the offence is taken to be a prescribed offence for the purposes of section 91 of the Act and an infringement notice may be issued in relation to the offence as if that item had not been revoked.".

7Revocation of fisheries offences in Schedule 2

In Schedule 2 to the Principal Regulations, items 1–92 are revoked.

8New Schedule 3 inserted for fisheries offences

After Schedule 2 to the Principal Regulations, insert—

"__________________

SCHEDULE 3

OFFENCES AGAINST THE FISHERIES ACT 1995 AND THE FISHERIES REGULATIONS 2009

In this Schedule—

abalone aquaculture licence means an Aquaculture (Crown Land—Abalone) Licence and an Aquaculture (On-shore Abalone) Licence;

AFAL means abalone fishery access licence;

AL means access licence;

AQL means aquaculture licence;

BGFAL means Bait (General) Fishery Access Licence;

CFL means commercial fishery licence;

CIFAL means Corner Inlet Fishery Access Licence;

EFAL means Eel Fishery Access Licence;

FRAL means Fish Receivers' (Abalone) Licence;

FRSL means Fish Receivers' (Scallop) Licence;

GCFWZAL means Giant Crab Fishery (Western Zone) Access Licence;

GLBFAL means Gippsland Lakes (Bait) Fishery Access Licence;

GLFAL means Gippsland Lakes Fishery Access Licence;

GLMDFAL means Gippsland Lakes (Mussel Dive) Fishery Access Licence;

LTBFAL means Lake Tyers (Bait) Fishery Access Licence;

MLLBFAL means Mallacoota Lower Lake (Bait) Fishery Access Licence;

OFAL means Ocean Fishery Access Licence;

PPB means Port Phillip Bay;

PPBMBFAL means Port Phillip Bay (Mussel Bait) Fishery Access Licence;

RLFAL means rock lobster fishery access licence;

SIBFAL means Sydenham Inlet (Bait) Fishery Access Licence;

SOFAL means Scallop (Ocean) Fishery Access Licence;

SRBFAL means Snowy River (Bait) Fishery Access Licence;

the Act means the Fisheries Act 1995;

the Regulations means the Fisheries Regulations 2009;

TIFAL means Trawl (Inshore) Fishery Access Licence;

WOFAL means Wrasse (Ocean) Fishery Access Licence;

WP/PPBFAL means Western Port/Port Phillip Bay Fishery Access Licence.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
MISCELLANEOUS OFFENCES AGAINST THE ACT
1	4369	An offence against section 36(2) of the Act	5 penalty units	Possess commercial fishing equipment without authorisation.
2	7551	An offence against section 44(1)(a) of the Act	1 penalty unit	Take or attempt to take fish from marine or inland waters without authorisation.
3	7552	An offence against section 44(1)(b) of the Act	1 penalty unit	Use or possess recreational fishing equipment in, on or next to Victorian waters without authorisation.
4	7553	An offence against section 67(3) of the Act constituted by a contravention of regulation 123(2) of the Regulations	3 penalty units	Take or possess fish (other than abalone, rock lobster or giant crab) during prescribed closed season for that species.
5	7554	An offence against section 67(3) of the Act constituted by a contravention of regulation 117(1) of the Regulations	3 penalty units	Take gemfish from Victorian waters.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
6	7555	An offence against section 68A(3)(a) of the Act	3 penalty units	Take or possess fish (other than abalone, rock lobster or giant crab) less than the minimum size prescribed by regulation 118(1).
7	7556	An offence against section 68A(3)(a) of the Act	3 penalty units	Take Macquarie perch less than prescribed minimum size from waters prescribed by regulation 118(2)(a).
8	7557	An offence against section 68A(3)(a) of the Act	3 penalty units	Possess Macquarie perch less than prescribed minimum size in, on or next to waters prescribed by regulation 118(2)(b).
9	7558	An offence against section 68A(3)(a) of the Act	3 penalty units	Take or possess Murray cod greater than maximum size prescribed by regulation 119(1).
10	7559	An offence against section 68A(3)(a) of the Act	3 penalty units	Take or possess prescribed fish less than minimum size prescribed by regulation 121.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
11	7560	An offence against section 68A(3)(b) of the Act	3 penalty units	Take or possess more fish (other than abalone and rock lobster) than catch limit prescribed by regulation 124(1).
12	6741	An offence against section 68B(1)(a) of the Act	3 penalty units	Possess fish taken in waters of Commonwealth or another State or Territory less than minimum size, or more than maximum size, allowed under applicable corresponding law.
13	6742	An offence against section 68B(1)(b) of the Act other than an offence to which paragraph (a) of the penalty at the foot of subsection (1) of that section applies	3 penalty units	Possess fish taken in waters of Commonwealth or another State or Territory in quantity more than catch limit allowed under applicable corresponding law.
14	4325	An offence against section 102(7) of the Act	1 penalty unit	Fail to produce licence or permit for inspection.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
15	7561	An offence against section 114(3) of the Act constituted by a contravention of regulation 105(1)(a) of the Regulations	5 penalty units	Use unregistered boat for taking fish for sale.
16	7562	An offence against section 114(3) of the Act constituted by a contravention of regulation 105(1)(b) of the Regulations	5 penalty units	Use unregistered boat for setting or use of commercial fishing equipment.
17	7563	An offence against section 114(3) of the Act constituted by a contravention of regulation 105(1)(c) of the Regulations	5 penalty units	Use unregistered boat for using commercial abalone equipment to take abalone for sale.
18	7564	An offence against section 114(3) of the Act constituted by a contravention of regulation 105(1)(d) of the Regulations	5 penalty units	Use unregistered boat for landing fish for sale or marketing.
19	7565	An offence against section 114(3) of the Act constituted by a contravention of regulation 105(1)(e) of the Regulations	5 penalty units	Use unregistered boat for setting or using commercial aquaculture equipment on Crown land or in or on waters covering that land.
Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
20	7566	An offence against section 114(3) of the Act constituted by a contravention of regulation 105(1)(f) of the Regulations	5 penalty units	Use unregistered boat for moving an aquaculture crop.
21	7567	An offence against section 114(3) of the Act constituted by a contravention of regulation 111 of the Regulations	3 penalty units	Use commercial fishing equipment or commercial abalone equipment in prescribed waters, or within 30 metres of jetty in any other waters.
22	7568	An offence against section 114(3) of the Act constituted by a contravention of regulation 115 of the Regulations	5 penalty units	Use motor boat under propulsion for towing or hauling net in or on inland waters or prescribed marine waters.
23	7569	An offence against section 114(3) of the Act constituted by a contravention of regulation 116 of the Regulations	5 penalty units	Use rock lobster pot or fish trap within 400 metres of mouth of Merri River.
24	6933	An offence against section 120A(4) of the Act	5 penalty units	Fail to comply with notice under section 120A(1) of the Act requiring details about fish, protected aquatic biota or noxious

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
aquatic species taken, produced, consigned or received in any specified period by the person, by date specified in notice.
25	6939	An offence against section 120B of the Act	3 penalty units	Fail to keep document required to be kept under the Act for at least 3 years.
26	6940	An offence against section 120C(2) of the Act	3 penalty units	Fail to ensure that record writing or mark required under the Act is legible and in English.
MISCELLANEOUS OFFENCES AGAINST THE REGULATIONS
27	7570	An offence against regulation 82(a) of the Regulations	1 penalty unit	Use more than 1 dip net.
28	7571	An offence against regulation 82(b) of the Regulations	1 penalty unit	Use more than 2 bait traps.
29	7572	An offence against regulation 82(c) of the Regulations	1 penalty unit	Use more than 1 landing net.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
30	7573	An offence against regulation 82(d) of the Regulations	1 penalty unit	Use more than 1 bait pump.
31	7574	An offence against regulation 82(e) of the Regulations	1 penalty unit	Use more than 10 baited lines with no hooks.
32	7575	An offence against regulation 82(f) of the Regulations	1 penalty unit	Use more than 4 handlines or rods and lines in marine waters.
33	7576	An offence against regulation 82(g) of the Regulations	1 penalty unit	Use more than 2 handlines or rods and lines in inland waters.
34	7577	An offence against regulation 82(h) of the Regulations	1 penalty unit	Use more than 2 hooks or one bait jig on one line.
35	7578	An offence against regulation 83(1)(a) of the Regulations	2 penalty units	Use or possess spear gun in or on inland waters.
36	7579	An offence against regulation 83(1)(b) of the Regulations	2 penalty units	Use or possess spear gun in or on prescribed waters.
37	7580	An offence against regulation 83(1)(c) of the Regulations	2 penalty units	Use or possess spear gun in or on waters within 30 metres from jetty or mouth of creek or river.
38	7581	An offence against regulation 84(1)(a) of the Regulations	2 penalty units	Use or possess hand-held spear in or on inland waters.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
39	7582	An offence against regulation 84(1)(b) of the Regulations	2 penalty units	Use or possess hand-held spear in or on prescribed waters.
40	7583	An offence against regulation 84(1)(c) of the Regulations	2 penalty units	Use or possess hand-held spear in or on waters within 30 metres from jetty or mouth of creek or river.
41	7584	An offence against regulation 85(1) of the Regulations	2 penalty units	Use recreational bait net in or on Port Phillip Bay, Western Port, North Arm or Cunninghame Arm of Gippsland Lakes or Toorloo Arm or Nowa Nowa Arm of Lake Tyers.
42	7585	An offence against regulation 85(2) of the Regulations	2 penalty units	Use recreational bait net in or on prescribed waters other than 30 metres from jetty, or 400 metres from mouth of river.
43	7586	An offence against regulation 85(3) of the Regulations	2 penalty units	Use recreational bait net in or on river, or other inland waters, other than prescribed waters.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
44	7587	An offence against regulation 86(1) of the Regulations	2 penalty units	Use or possess more than 2 recreational hoop nets in or on marine waters.
45	7588	An offence against regulation 86(2) of the Regulations	2 penalty units	Use recreational hoop net in marine waters, other than Port Phillip Bay, Western Port, Gippsland Lakes or any inlet of the sea, between 15 September and 15 November in each year.
46	7589	An offence against regulation 86(3) of the Regulations	2 penalty units	Leave recreational hoop net immersed or set in marine waters, other than Port Phillip Bay, Western Port, Gippsland Lakes or any inlet of the sea, between 15 September and 15 November in each year.
47	7590	An offence against regulation 86(4) of the Regulations	2 penalty units	Use or possess more than 10 recreational hoop nets in or on inland waters.
48	7591	An offence against regulation 86(5) of the Regulations	2 penalty units	Use more than 5 recreational hoop nets in prescribed inland waters.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
49	7592	An offence against regulation 87 of the Regulations	2 penalty units	Use hand-held digging implement in intertidal zone, for taking or attempting to take molluscs or other marine invertebrates.
50	7593	An offence against regulation 88(a) of the Regulations	2 penalty units	Fail to ensure that recreational hoop net or bait trap is tagged in prescribed manner.
51	7594	An offence against regulation 88(b) of the Regulations	2 penalty units	Fail to ensure that tag attached to recreational hoop net or bait trap is positioned as prescribed.
52	7595	An offence against regulation 89(1) of the Regulations	3 penalty units	Use or possess recreational fishing equipment in or on prescribed inland waters.
53	7596	An offence against regulation 89(2) of the Regulations	3 penalty units	Possess recreational fishing equipment within 20 metres inland of banks of prescribed inland waters.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
54	7597	An offence against regulation 90 of the Regulations	2 penalty units	While using rod and line or handline in Victorian waters, fail to remain in a position— (a)  where rod and line or handline is in sight; and (b) that is within 50 metres of rod and line or handline.
55	7598	An offence against regulation 91(1) of the Regulations	3 penalty units	While engaged in underwater dive fishing, use or possess hook or other device designed for or capable of taking fish.
56	7599	An offence against regulation 92(1) of the Regulations	2 penalty units	Use or possess line and hook or handline in, or within 20 metres inland of banks of, prescribed inland waters during salmonid closed season.
57	7600	An offence against regulation 93(1) of the Regulations	3 penalty units	Possess, in or on Victorian waters, shark or elephantfish in any form other than whole or in form of carcass.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
58	7601	An offence against regulation 93(3) of the Regulations	3 penalty units	Possess spiny freshwater crayfish in any form other than whole or in form of carcass, in, on or next to inland waters.
59	7602	An offence against regulation 93(4) of the Regulations	3 penalty units	Possess snapper, King George whiting or black bream in any form other than whole or in form of carcass in or on Victorian waters.
60	7603	An offence against regulation 93(5) of the Regulations	3 penalty units	Possess freshwater catfish, golden perch, Macquarie perch, Murray cod, silver perch or salmonids in any form other than whole or in form of carcass, in, on or next to inland waters.
61	7604	An offence against regulation 95(1) of the Regulations	2 penalty units	In or on Victorian waters, take berried bug or berried spiny freshwater crayfish.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
62	7605	An offence against regulation 95(2) of the Regulations	2 penalty units	In, on or next to Victorian waters, land or cause to be landed from boat any berried bug or berried spiny freshwater crayfish.
63	7606	An offence against regulation 95(3) of the Regulations	2 penalty units	Possess berried bug or berried spiny freshwater crayfish.
64	7607	An offence against regulation 95(4) of the Regulations	5 penalty units	Remove eggs from berried bug or berried spiny freshwater crayfish.
65	7608	An offence against regulation 96(1) of the Regulations	2 penalty units	Take or attempt to take marine invertebrates other than marine worms and bass yabby from Port Phillip Bay in intertidal zone.
66	7609	An offence against regulation 96(3) of the Regulations	2 penalty units	Use abalone tool or hand-held digging implement for purpose of taking, or attempting to take, marine invertebrates from Port Phillip Bay in intertidal zone.
67	7610	An offence against regulation 97(1) of the Regulations	2 penalty units	Take molluscs from intertidal zone.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
68	7611	An offence against regulation 98(1) of the Regulations	2 penalty units	In, on or next to Victorian waters, remove roe or soft tissues from shell of sea urchin.
69	7612	An offence against regulation 98(2) of the Regulations	2 penalty units	Possess roe or other soft tissues from shell of sea urchin.
70	7613	An offence against regulation 99 of the Regulations	3 penalty units	Take or attempt to take fish in or on inland waters prescribed by regulation 99.
71	7614	An offence against regulation 100(1) of the Regulations	1 penalty unit	Tag, brand, mark or fin clip fish.
72	7615	An offence against regulation 101(1) of the Regulations	1 penalty unit	Fail to return fish to water immediately with least possible injury or damage.
73	7616	An offence against regulation 102(1) of the Regulations	2 penalty units	Use live fish as bait in Seven Creeks system.
74	7617	An offence against regulation 102(2) of the Regulations	2 penalty units	Use live carp as bait.
75	7618	An offence against regulation 102(3) of the Regulations	2 penalty units	Use trout or salmon ova, or any form of uncooked trout or salmon, as bait or berley.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
76	7619	An offence against regulation 102(4) of the Regulations	2 penalty units	Use the blood or offal of any mammal as berley.
77	7620	An offence against regulation 102(6) of the Regulations	2 penalty units	Use, in marine waters, more than 10 litres of berley to assist in taking shark.
78	7621	An offence against regulation 102(7) of the Regulations	2 penalty units	Use, in marine waters, berley to attract fish for purpose other than as part of fishing operation.
79	7622	An offence against regulation 479(1) of the Regulations	5 penalty units	Interfere or tamper with, or damage, vessel monitoring system.
80	7623	An offence against regulation 479(2) of the Regulations	5 penalty units	Interfere or tamper with, or damage, seals fitted on vessel monitoring system.
OFFENCES RELATING TO BOAT REGISTRATION
81	7624	An offence against regulation 76 of the Regulations	3 penalty units	Use registered boat without identifying mark displayed in prescribed manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
82	7625	An offence against regulation 77 of the Regulations	3 penalty units	Fail to ensure that identifying mark is clearly and legibly displayed on boat in prescribed manner.
83	7626	An offence against regulation 78 of the Regulations	3 penalty units	Fail to ensure that identifying mark of boat exceeding 8 metres is clearly and legibly displayed at all times in prescribed manner.
84	7627	An offence against regulation 79(1) of the Regulations	3 penalty units	Fail to apply for transfer of registration of boat used for one or more specified activities within 14 days of becoming boat's owner.
85	7628	An offence against regulation 80 of the Regulations	3 penalty units	Fail to remove from boat, identifying mark specified in certificate of registration within 7 days of expiry of registration.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
MISCELLANEOUS OFFENCES RELATING TO ABALONE
86	7629	An offence against section 67(3) of the Act constituted by a contravention of regulation 237(2) of the Regulations	3 penalty units	Take or possess abalone during prescribed closed season.
87	7630	An offence against section 67(3) of the Act constituted by a contravention of regulation 238(1) of the Regulations	3 penalty units	Take abalone between sunset and sunrise.
88	7631	An offence against section 67(3) of the Act constituted by a contravention of regulation 239(1) of the Regulations	3 penalty units	Take greenlip abalone from Port Phillip Bay.
89	7632	An offence against section 68A(3)(a) of the Act	3 penalty units	Take or possess abalone less than minimum size prescribed by regulation. 235(1).
90	7633	An offence against section 68A(4A) of the Act	3 penalty units	Take or possess more than catch limit for abalone prescribed by regulation 241(1) but not more than twice catch limit.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
91	7634	An offence against section 68A(4B) of the Act	5 penalty units	Take or possess more than twice the catch limit for abalone prescribed by regulation 241(1).
92	7635	An offence against section 114 of the Act constituted by a contravention of regulation 242 of the Regulations	3 penalty units	Use equipment other than catch bag or abalone tool to take abalone.
93	7636	An offence against section 118A of the Act	3 penalty units	Sell abalone not marked or labelled in accordance with regulation 301(1).
94	7637	An offence against section 118B(1) of the Act	5 penalty units	Remove, destroy or render illegible mark or label on abalone packaging.
95	7638	An offence against section 118B(2) of the Act	3 penalty units	Deface, damage or destroy abalone packaging.
96	7639	An offence against section 120AA(2)(a) of the Act relating to abalone	5 penalty units	Fail to create a document concerning the proposed sale of abalone in the form prescribed by regulation 307(2).

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
97	7640	An offence against section 120AA(2)(b) of the Act relating to abalone	5 penalty units	If sale of abalone is by consignment, fail to ensure that copy of prescribed document accompanies consignment.
98	7641	An offence against section 120AA(2)(c) of the Act relating to abalone	5 penalty units	In the case of other sale of abalone, fail to ensure that copy of prescribed document is given to purchaser at or before sale.
99	7642	An offence against section 120AA(2)(d) of the Act relating to abalone	5 penalty units	Fail to keep copy of prescribed document regarding sale of abalone.
100	7643	An offence against section 120AA(3) of the Act relating to abalone	5 penalty units	Fail to produce for inspection a document created under section 120AA(2)(a).
101	7644	An offence against section 120AB(2)(a) of the Act relating to abalone	5 penalty units	As a person purchasing abalone, fail to obtain copy of document required under section 120AA.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
102	7645	An offence against section 120AB(2)(b) of the Act relating to abalone	5 penalty units	As a person purchasing abalone, fail to keep copy of document required under section 120AA.
103	7646	An offence against section 120AC(2) of the Act relating to abalone	5 penalty units	As a person who possesses abalone fail to possess document prescribed by regulation 309(2).
104	7647	An offence against section 120AC(3) of the Act relating to abalone	5 penalty units	As a person who possesses abalone, fail to produce for inspection any relevant document in person's possession.
105	7648	An offence against regulation 243(1) of the Regulations	3 penalty units	Shuck abalone in, under or on Victorian waters.
106	7649	An offence against regulation 243(2) of the Regulations	3 penalty units	Possess shucked abalone in, under or on Victorian waters.
107	7650	An offence against regulation 243(3) of the Regulations	3 penalty units	Land shucked abalone.
108	7651	An offence against regulation 243(4) of the Regulations	3 penalty units	Fail to retain abalone meat in its shell.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
109	7652	An offence against regulation 244 of the Regulations	3 penalty units	Fail to carry instrument to measure abalone.
110	7653	An offence against regulation 245(1) of the Regulations	5 penalty units	Remove abalone from packaging.
111	7654	An offence against regulation 311(1) of the Regulations	5 penalty units	As a former holder of an AFAL, fail to ensure unused abalone dockets, abalone docket books and bin tags are returned to Secretary within prescribed time.
112	7655	An offence against regulation 311(2) of the Regulations	5 penalty units	As a former holder of an FRAL, fail to ensure unused abalone transfer certificates, small sales returns and copies are returned to Secretary within prescribed time.
MISCELLANEOUS OFFENCES RELATING TO ROCK LOBSTER
113	7656	An offence against section 67(3) of the Act constituted by a contravention of regulation 322(2) of the Regulations	3 penalty units	Take or possess rock lobster during prescribed closed season.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
114	7657	An offence against section 68A(3)(a) of the Act	3 penalty units	Take or possess rock lobster less than minimum size prescribed by regulation 320(1).
115	7658	An offence against section 68A(3)(b) of the Act	3 penalty units	Take or possess more rock lobster than catch limit prescribed by regulation 324(1).
116	7659	An offence against section 114(3) of the Act constituted by a contravention of regulation 325 of the Regulations	3 penalty units	Use equipment other than underwater breathing apparatus or recreational hoop net for taking, or attempting to take, rock lobster.
117	7660	An offence against section 120AC(2) of the Act relating to rock lobster	5 penalty units	As a person who possesses rock lobster fail to possess document prescribed by regulation 362(2).
118	7661	An offence against section 120AC(3) of the Act relating to rock lobster	5 penalty units	As a person who possesses rock lobster, fail to produce for inspection any relevant document in person's possession.
119	7662	An offence against regulation 326(1) of the Regulations	3 penalty units	Fail to mark, or remove portion of central segment of tail fan of rock lobster in required manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
120	7663	An offence against regulation 326(2) of the Regulations	3 penalty units	Fail to mark tail fan of rock lobster within required period.
121	7664	An offence against regulation 328(1) of the Regulations	3 penalty units	Take berried rock lobster.
122	7665	An offence against regulation 328(2) of the Regulations	3 penalty units	Land or cause to be landed berried rock lobster.
123	7666	An offence against regulation 328(3) of the Regulations	3 penalty units	Possess berried rock lobster.
124	7667	An offence against regulation 328(4) of the Regulations	5 penalty units	Remove eggs from berried rock lobster.
125	7668	An offence against regulation 329 of the Regulations	3 penalty units	Take, attempt to take, or assist in the taking of a soft-shelled rock lobster.
126	7669	An offence against regulation 330 of the Regulations	3 penalty units	Possess, land or cause to be landed, rock lobster without tail and carapace attached to each other.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
MISCELLANEOUS OFFENCES RELATING TO GIANT CRAB
127	7670	An offence against section 67(3) of the Act constituted by a contravention of regulation 369(2) of the Regulations	3 penalty units	Take or possess giant crab during prescribed closed season.
128	7671	An offence against section 68A(3)(a) of the Act	3 penalty units	Take or possess giant crab less than minimum size prescribed by regulation 367(1).
129	7672	An offence against section 120AC(2) of the Act relating to giant crab	3 penalty units	As a person who possesses giant crab fail to possess document prescribed by regulation 402(2).
130	7673	An offence against section 120AC(3) of the Act relating to giant crab	3 penalty units	As a person who possesses giant crab, fail to produce for inspection any relevant document in person's possession.
131	7674	An offence against regulation 371(1) of the Regulations	3 penalty units	Take any berried giant crab.
132	7675	An offence against regulation 371(2) of the Regulations	3 penalty units	Land or cause to be landed from any boat any berried giant crab.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
133	7676	An offence against regulation 371(3) of the Regulations	3 penalty units	Possess berried giant crab in Victoria.
134	7677	An offence against regulation 371(4) of the Regulations	5 penalty units	Remove eggs from a berried giant crab.
135	7678	An offence against regulation 372 of the Regulations	3 penalty units	Possess, land, or cause to be landed, any dismembered giant crab or part of giant crab.
CONDITIONS OF ALL COMMERCIAL FISHERY LICENCES—LICENCE HOLDERS
136	7679	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 39 of the Regulations	3 penalty units	As CFL holder, fail to record, maintain or provide information in form that is clear, legible, truthful and accurate.
137	7680	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 40 of the Regulations	3 penalty units	As CFL holder, fail to keep in a safe place, documents or copies required to be kept under the Act or the Regulations.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
138	7681	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 41(1) of the Regulations	5 penalty units	As CFL holder, fail to comply with conditions relating to errors made when completing prescribed documents relating to priority species.
139	7682	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 41(1) of the Regulations	3 penalty units	As CFL holder, fail to comply with conditions relating to errors made when completing prescribed documents relating to fish other than priority species.
140	7683	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 41(2)(a), 41(2)(b) and 41(2)(d) of the Regulations	5 penalty units	As CFL holder, fail to comply with prescribed conditions relating to cancelled documents relating to abalone and rock lobster.
141	7684	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 41(2)(c) and 41(2)(e) of the Regulations	3 penalty units	As CFL holder, fail to comply with prescribed conditions relating to cancelled documents relating to scallop or giant crab.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
142	7685	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 41(3) of the Regulations	3 penalty units	As CFL holder, fail to ensure that documents required to be sent to Secretary are sent to specified address.
143	7686	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(1) of the Regulations	5 penalty units	As CFL holder, fail to report loss or destruction of documents relating to priority species in prescribed manner within 5 business days.
144	7687	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(1) of the Regulations	3 penalty units	As CFL holder, fail to report loss or destruction of documents relating to fish other than priority species in prescribed manner within 5 business days.
145	7688	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(2)(a) of the Regulations	5 penalty units	As CFL holder, fail to ensure that, if lost document relating to priority species is located, report is made to Secretary in prescribed manner within 5 business days.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
146	7689	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(2)(a) of the Regulations	3 penalty units	As CFL holder, fail to ensure that, if lost document relating to fish other than priority species is located, report is made to Secretary in prescribed manner within 5 business days.
147	7690	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(2)(b) of the Regulations	5 penalty units	As CFL holder, fail to ensure that, if lost document relating to priority species is located, it is not used unless authorised.
148	7691	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(2)(b) of the Regulations	3 penalty units	As CFL holder, fail to ensure that, if lost document relating to fish other than priority species is located, it is not used unless authorised.
149	7692	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 42(3) of the Regulations	3 penalty units	As CFL holder, fail to comply with direction of Secretary to return document.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
150	7693	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 43(1) of the Regulations	5 penalty units	As CFL holder, fail to report damage of document relating to priority species in prescribed manner within 5 business days.
151	7694	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 43(1) of the Regulations	3 penalty units	As CFL holder, fail to report damage of document relating to fish other than priority species in prescribed manner within 5 business days.
152	7695	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 43(2) of the Regulations	5 penalty units	As CFL holder, fail to ensure damaged document relating to priority species is not used unless authorised.
153	7696	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 43(2) of the Regulations	3 penalty units	As CFL holder, fail to ensure damaged document relating to fish other than priority species is not used unless authorised.
154	7697	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 43(3) of the Regulations	3 penalty units	As CFL holder, fail to comply with direction to return damaged fisheries document.
Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
155	7698	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(1) of the Regulations	5 penalty units	As CFL holder, fail to report theft of document relating to priority species in prescribed manner.
156	7699	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(1) of the Regulations	3 penalty units	As CFL holder, fail to report theft of document relating to fish other than priority species in prescribed manner.
157	7700	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(2) of the Regulations	5 penalty units	As CFL holder, fail to keep copy of police report about theft of document relating to priority species.
158	7701	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(2) of the Regulations	3 penalty units	As CFL holder, fail to keep copy of police report about theft of document relating to fish other than priority species.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
159	7702	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(3)(a) of the Regulations	5 penalty units	As CFL holder, fail to ensure that, if stolen document relating to priority species is located, report is made to Secretary in prescribed manner within 5 business days.
160	7703	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(3)(a) of the Regulations	3 penalty units	As CFL holder, fail to ensure that, if stolen document relating to fish other than priority species is located, report is made to Secretary in prescribed manner within 5 business days.
161	7704	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(3)(b) of the Regulations	5 penalty units	As CFL holder, fail to ensure that, if stolen document relating to priority species is located, it is not used unless authorised.
162	7705	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(3)(b) of the Regulations	3 penalty units	As CFL holder, fail to ensure that, if stolen document relating to fish other than priority species is located, and it is not used unless authorised.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
163	7706	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 45(4) of the Regulations	3 penalty units	As CFL holder, fail to comply with direction to return document.
164	7707	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 46 of the Regulations	5 penalty units	As CFL holder, fail to use documents relating to priority species in sequential numerical order as prescribed.
165	7708	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 46 of the Regulations	3 penalty units	As CFL holder, fail to use documents relating to fish other than priority species in sequential numerical order as prescribed.
166	7709	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 48 of the Regulations	3 penalty units	As CFL holder, fail to  ensure that unused documents and copies contained in book are retained in book.
167	7710	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 49 of the Regulations	3 penalty units	As CFL holder, fail to comply with direction of the Secretary to return unused or partly used documents.
Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
168	7711	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 50 of the Regulations	3 penalty units	As CFL holder, fail to notify Secretary of change in contact details in prescribed manner within 14 days.
169	7712	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 51 of the Regulations	3 penalty units	As CFL holder, fail to ensure that licence or true copy, is kept on boat, premises, vehicle or on person.
170	7713	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 52(1) of the Regulations	5 penalty units	As CFL holder, fail to ensure that fish of a priority species or other animal not authorised to be taken or not required, is returned to water immediately.
171	7714	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 52(1) of the Regulations	3 penalty units	As CFL holder, fail to ensure that fish not of a priority species or other animal not authorised to be taken or not required, is returned to water immediately.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
CONDITIONS OF ALL COMMERCIAL FISHERY LICENCES—PERSON ACTING ON BEHALF OF LICENCE HOLDER
172	7715	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 39 of the Regulations	3 penalty units	As person acting on behalf of CFL holder, fail to record, maintain or provide information in form that is clear, legible, truthful and accurate.
173	7716	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 40 of the Regulations	3 penalty units	As person acting on behalf of CFL holder, fail to keep in a safe place, documents or copies required to be kept.
174	7717	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 41(1) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to comply with conditions relating to errors made when completing prescribed documents relating to priority species.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
175	7718	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 41(1) of the Regulations	3 penalty units	As person acting on behalf of CFL holder, fail to comply with conditions relating to errors made when completing prescribed documents relating to fish other than priority species.
176	7719	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 41(2)(a), 41(2)(b) or 41(2)(d) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to comply with prescribed conditions relating to cancelled documents relating to abalone and rock lobster.
177	7720	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 41(2)(c) or 41(2)(e) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to comply with prescribed conditions relating to cancelled documents relating to scallop or giant crab.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
178	7721	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 41(3) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to ensure that documents required to be sent to Secretary are sent to specified address.
179	7722	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(1) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to report loss or destruction of documents relating to priority species in prescribed manner within 5 business days.
180	7723	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(1) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to report loss or destruction of documents relating to fish other than priority species in prescribed manner within 5 business days.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
181	7724	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(2)(a) of the Regulations	5 penalty units	As person acting on behalf of CFL holder, fail to ensure that, if lost document relating to priority species is located, report is made to Secretary in prescribed manner within 5 business days.
182	7725	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(2)(a) of the Regulations	3 penalty units	As CFL holder, fail to ensure that, if lost document relating to fish other than priority species is located, report is made to Secretary in prescribed manner within 5 business days.
183	7726	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(2)(b) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to ensure that, if lost document relating to priority species is located, it is not used unless authorised.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
184	7727	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(2)(b) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to ensure that, if lost document relating to fish other than priority species is located, it is not used unless authorised.
185	7728	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 42(3) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to comply with direction of Secretary to return document.
186	7729	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 43(1) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to report damage of document relating to priority species in prescribed manner.
187	7730	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 43(1) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to report damage of document relating to fish other than priority species in prescribed manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
188	7731	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 43(2) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to ensure damaged document relating to priority species is not used unless authorised.
189	7732	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 43(2) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to ensure damaged document relating to fish other than priority species is not used unless authorised.
190	7733	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 43(3) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to comply with direction to return damaged fisheries document.
191	7734	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(1) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to report theft of document relating to priority species in prescribed manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
192	7735	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(1) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to report theft of document relating to fish other than priority species in prescribed manner.
193	7736	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(2) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to keep copy of police report of theft of document relating to priority species.
194	7737	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(2) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to keep copy of police report of theft of document relating to fish other than priority species.
195	7738	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(3)(a) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to ensure that, if stolen document relating to priority species is located, report is made to Secretary in prescribed manner within 5 business days.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
196	7739	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(3)(a) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to ensure that, if stolen document relating to fish other than priority species is located, report is made to Secretary in prescribed manner within 5 business days.
197	7740	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(3)(b) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to ensure that, if stolen document relating to priority species is located, it is not used unless authorised.
198	7741	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(3)(b) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to ensure that, if stolen document relating to fish other than priority species is located, it is not used unless authorised.
199	7742	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 45(4) of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to comply with direction to return document.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
200	7743	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 51 of the Regulations	3 penalty units	As a person acting on behalf of CFL holder, fail to ensure that licence or true copy, is kept on boat, premises, vehicle or on person.
201	7744	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 52(1) of the Regulations	5 penalty units	As a person acting on behalf of CFL holder, fail to ensure that fish of a priority species or other animal not authorised to be taken or not required, is returned to water immediately.
202	7745	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 52(1) of the Regulations	3 penalty units	As person acting on behalf of CFL holder, fail to ensure that fish not of a priority species or other animal not authorised to be taken or not required, is returned to water immediately.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
CONDITIONS OF ALL ACCESS LICENCES—LICENCE HOLDER
203	7746	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 56 of the Regulations	3 penalty units	As AL holder, use more people to assist with fishing activities than authorised.
204	7747	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 57 of the Regulations	3 penalty units	As AL holder, take or possess rock lobster with tail fan marked with punched hole or with central segment of tail fan removed.
205	7748	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 58(1) of the Regulations	3 penalty units	As AL holder, fail to ensure fish are not taken other than for sale while undertaking fishing activities authorised by licence.
206	7749	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 59(1) of the Regulations	3 penalty units	As AL holder, fail to ensure daily catch and effort record is completed on each day fishing is carried out in required manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
207	7750	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 59(2) of the Regulations	3 penalty units	As AL holder, fail to ensure that, if no fishing activities are carried out during a particular month, catch and effort record for that month is recorded as "Nil fishing".
208	7751	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 59(3) of the Regulations	3 penalty units	As AL holder, fail to ensure that catch and effort record for each month is sent to Secretary by 18th day of following month.
209	7752	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 59(4) of the Regulations	3 penalty units	As AL holder, fail to retain duplicate copy of catch and effort record in book.
210	7753	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 59(5) of the Regulations	3 penalty units	As AL holder, fail to produce catch and effort record book for inspection.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
211	7754	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 59(7) of the Regulations	3 penalty units	As AL holder who has notified that fishing will not be carried out during period, carry out fishing during that period without notifying Secretary in prescribed manner.
212	7755	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 61(1) of the Regulations	3 penalty units	As AL holder, take, possess, retain on board or land, more fish of species than catch limit for that species prescribed in Table A of Schedule 6 of the Regulations.
213	7756	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 61(2) of the Regulations	3 penalty units	As AL holder, take, possess, retain on board or land, more than a total of 400 kilograms of fish of species prescribed in Table A of Schedule 6 of the Regulations.
214	7757	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 62 of the Regulations	3 penalty units	As AL holder, take, possess, retain on board or land, fish of species prescribed in Table B of Schedule 6 of the Regulations.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
215	7758	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 63 of the Regulations	3 penalty units	As AL holder, take fish by dragging or drawing a seine net containing fish on to dry land, or into water less than 60 centimetres deep.
216	7759	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 64(a) of the Regulations	3 penalty units	As AL holder, fail to ensure that prescribed equipment is attached to surface buoy, flag, stake or other object marked in required manner.
217	7760	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 64(b) of the Regulation	3 penalty units	As AL holder, fail to ensure that rock lobster pot is attached to surface buoy or flag marked in required manner.
218	7761	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 64(c) of the Regulations	3 penalty units	As AL holder, fail to ensure that equipment referred to in regulation 64(a) or 64(b) is not marked other than as required.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
219	7762	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 64(d) of the Regulations	3 penalty units	As AL holder, fail to ensure yabby pot is attached to surface buoy marked in required manner.
220	7763	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 64(e) of the Regulations	3 penalty units	As AL holder, fail to ensure fleet or line of octopus traps is attached to surface buoy marked in required manner.
CONDITIONS OF ALL ACCESS LICENCES—PERSON ACTING ON BEHALF OF LICENCE HOLDER
221	7764	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 56 of the Regulations	3 penalty units	As person acting on behalf of AL holder, use more people to assist with fishing activities than authorised.
222	7765	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 57 of the Regulations	3 penalty units	As person acting on behalf of AL holder, take or possess rock lobster with tail fan marked with punched hole or with central segment of tail fan removed.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
223	7766	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 59(1) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure that daily catch and effort record is completed on each day of fishing in required manner.
224	7767	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 59(2) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure that, if no fishing activities are carried out during a particular month, catch and effort record for that month is recorded as "Nil fishing".
225	7768	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 59(3) of the Regulations	3 penalty units	As AL holder, fail to ensure that catch and effort record for each month is sent to Secretary by 18th day of following month.
226	7769	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 59(4) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to retain duplicate copy of catch and effort record in book.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
227	7770	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 59(5) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to produce catch and effort record book for inspection.
228	7771	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 59(7) of the Regulations	3 penalty units	As person acting on behalf of AL holder who has notified that fishing activities will not be carried out during a particular period, carry out fishing activities during that period without notifying Secretary in prescribed manner.
229	7772	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 61(1) of the Regulations	3 penalty units	As person acting on behalf of AL holder, take, possess, retain on board or land, more fish of species than catch limit for that species prescribed in Table A of Schedule 6 of the Regulations.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
230	7773	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 61(2) of the Regulations	3 penalty units	As person acting on behalf of AL holder, take, possess, retain on board or land, more than a total of 400 kilograms of fish of species prescribed in Table A of Schedule 6 of the Regulations.
231	7774	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 62 of the Regulations	3 penalty units	As person acting on behalf of AL holder, take, possess, retain on board or land, fish of species prescribed in Table B of Schedule 6 of the Regulations.
232	7775	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 63 of the Regulations	3 penalty units	As person acting on behalf of AL holder, take fish by dragging or drawing seine net containing fish on to dry land, or into water less than 60 centimetres deep.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
233	7776	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 64(a) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure prescribed equipment is attached to surface buoy, flag, stake or other object marked in required manner.
234	7777	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 64(b) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure rock lobster pot is attached to surface buoy or flag marked in required manner.
235	7778	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 64(c) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure equipment referred to in regulation 64(a) or 64(b) is not marked other than as required.
236	7779	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 64(d) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure yabby pot is attached to surface buoy marked in required manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
237	7780	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 64(e) of the Regulations	3 penalty units	As person acting on behalf of AL holder, fail to ensure fleet or line of octopus traps is attached to surface buoy marked in required manner.
BAIT (GENERAL) FISHERY ACCESS LICENCE—LICENCE HOLDER
238	7781	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 128 of the Regulations	3 penalty units	As BGFAL holder, use more than 2 hand operated bait pumps at same time.
CORNER INLET FISHERY ACCESS LICENCE CONDITIONS—LICENCE HOLDER
239	7782	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 131(1)(b) of the Regulations	3 penalty units	As CIFAL holder move boat with commercial fishing equipment on board from mooring or jetty during prescribed period in Corner Inlet.
240	7783	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 134(2)(a) of the Regulations	3 penalty units	As CIFAL holder, use at one time more than 6 fishing lines in or on Corner Inlet.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
241	7784	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 134(2)(b) of the Regulations	3 penalty units	As CIFAL holder, use fishing line with more than 3 hooks or more than one bait jig attached to line in or on Corner Inlet.
242	7785	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 134(2)(c) of the Regulations	3 penalty units	As CIFAL holder, possess fishing line with more than 3 hooks or more than one bait jig attached to line in or on Corner Inlet.
243	7786	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 135(b) of the Regulations	3 penalty units	As CIFAL holder, possess more than 20 commercial hoop nets in or on Corner Inlet.
244	7787	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 136 of the Regulations	3 penalty units	As CIFAL holder, take from, or possess in, on or next to, Corner Inlet, more than 8 wrasse on any one day.
245	7788	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 137(b) of the Regulations	3 penalty units	As CIFAL holder, possess more than 2 hand operated bait pumps at the same time.

Column 1
Item Column 2 Identifying number Column 3
Offence Column 4 Infringement Penalty Column 5
Summary of offence

CORNER INLET FISHERY ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER
246	7789	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 131(1)(b) of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder move boat with commercial fishing equipment on board from mooring or jetty during prescribed period in Corner Inlet.
247	7790	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 134(2)(a) of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder, use at any one time more than 6 fishing lines in or on Corner Inlet.
248	7791	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 134(2)(b) of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder use fishing line with more than 3 hooks or more than one bait jig attached to line in or on Corner Inlet.
249	7792	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 134(2)(c) of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder, possess fishing line with more than 3 hooks or more than one bait jig attached to line in or on Corner Inlet.
Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
250	7793	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 135(b) of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder, possess more than 20 commercial hoop nets in or on Corner Inlet.
251	7794	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 136 of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder, take from, or possess in, on or next to, Corner Inlet, more than 8 wrasse on any one day.
252	7795	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 137(b) of the Regulations	3 penalty units	As person acting on behalf of CIFAL holder, possess more than 2 hand operated bait pumps at the same time.
EEL FISHERY ACCESS LICENCE CONDITIONS—LICENCE HOLDER
253	7796	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 141 of the Regulations	3 penalty units	As EFAL holder, fail to ensure that fyke net, or fleet of fyke nets are attached to prescribed float and marked in required manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
254	7797	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 144 of the Regulations	3 penalty units	As EFAL holder, fail to return fish and other animals, other than prescribed species, to water immediately.
255	7798	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 145(a) of the Regulations	3 penalty units	As EFAL holder, fail to ensure that fyke net or fleet of fyke nets is not set so as to block stream or river.
256	7799	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 145(b) of the Regulations	3 penalty units	As EFAL holder, fail to ensure that fyke net or fleet of fyke nets is not set within 5 metres of other fyke net or fleet of fyke nets.
257	7800	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 146(1) of the Regulations	3 penalty units	As EFAL holder, fail to advise Secretary in required manner within 2 hours after setting fyke nets, of prescribed details.
258	7801	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 146(2) of the Regulations	3 penalty units	As EFAL holder, fail to advise Secretary in required manner within 2 hours after removing fyke nets, of prescribed details.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
EEL FISHERY ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER
259	7802	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 141 of the Regulations	3 penalty units	As person acting on behalf of EFAL holder, fail to ensure that fyke net, or fleet of fyke nets are attached to object and marked in required manner.
260	7803	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 144 of the Regulations	3 penalty units	As person acting on behalf of EFAL holder, fail to return fish and other animals, other than prescribed species, to water immediately.
261	7804	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 145(a) of the Regulations	3 penalty units	As person acting on behalf of EFAL holder, fail to ensure that fyke net or fleet of fyke nets is not set so as to block stream or river.
262	7805	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 145(b) of the Regulations	3 penalty units	As person acting on behalf of EFAL holder, fail to ensure that fyke net or fleet of fyke nets is not set within 5 metres of other fyke net or fleet of fyke nets.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
263	7806	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 146(1) of the Regulations	3 penalty units	As person acting on behalf of EFAL holder, fail to advise Secretary in required manner within 2 hours after setting fyke nets, of prescribed details.
264	7807	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 146(2) of the Regulations	3 penalty units	As person acting on behalf of EFAL holder, fail to advise Secretary in required manner within 2 hours after removing fyke nets, of prescribed details.
265	7808	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 159 of the Regulations	3 penalty units	As GLFAL holder, fail to ensure that all mussels from Gippsland Lakes are cleaned within 20 metres of place where taken.
266	7809	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 160 of the Regulations	3 penalty units	As GLFAL holder, fail to ensure that mussels from the Gippsland Lakes on board boat used are contained in prescribed size fish bin.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
267	7810	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 161(a) of the Regulations	3 penalty units	As GLFAL holder, use at any one time more than 6 fishing lines in or on Gippsland Lakes.
268	7811	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 161(b) of the Regulations	3 penalty units	As a GLFAL holder, possess more than 6 fishing lines in or on Gippsland Lakes.
269	7812	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 161(c) of the Regulations	3 penalty units	As GLFAL holder, use fishing line with more than 3 hooks or more than one bait jig attached to line in or on the Gippsland Lakes.
270	7813	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 161(d) of the Regulations	3 penalty units	As a GLFAL holder, possess fishing line with more than 3 hooks or more than one bait jig attached to the line in or on Gippsland Lakes.
271	7814	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 162 of the Regulations	3 penalty units	As GLFAL holder, use or possess more than 40 spider crab traps in or on Gippsland Lakes.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
272	7815	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 163 of the Regulations	3 penalty units	As GLFAL holder, take from, or possess in, on or next to, Gippsland Lakes, more than 8 wrasse on any one day.
273	7816	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 164(b) of the Regulations	3 penalty units	As GLFAL holder, possess more than 2 hand operated bait pumps in or on the Gippsland Lakes.
GIPPSLAND LAKES FISHERY ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER
274	7817	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 159 of the Regulations	3 penalty units	As person acting on behalf of GLFAL holder, fail to ensure that all mussels from Gippsland Lakes are cleaned within 20 metres of place where taken.
275	7818	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 160 of the Regulations	3 penalty units	As person acting on behalf of GLFAL holder, fail to ensure that mussels from the Gippsland Lakes on board boat used are contained in prescribed size fish bin.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
276	7819	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 161(a) of the Regulations	3 penalty units	As person acting on behalf of GLFAL holder, use at any one time more than 6 fishing lines in or on Gippsland Lakes.
277	7820	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 161(b) of the Regulations	3 penalty units	As person acting on behalf of GLFAL holder, possess more than 6 fishing lines in or on Gippsland Lakes.
278	7821	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 161(c) of the Regulations	3 penalty units	As person acting on behalf of GLFAL holder, use fishing line with more than 3 hooks or more than one bait jig attached to line in or on the Gippsland Lakes.
279	7822	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 161(d) of the Regulations	3 penalty units	As person acting on behalf of GLFAL holder, possess fishing line with more than 3 hooks or more than one bait jig attached to the line in or on Gippsland Lakes.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
479	8022	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 384(3) of the Regulations	5 penalty units	As GCFWZAL holder, take, possess on board boat or land, more than total combined number of 2 gummy shark and school shark on any day.
480	8023	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 386 of the Regulations	3 penalty units	As GCFWZAL holder, fail to have giant crab daily catch record book on board boat.
481	8024	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 387 of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that giant crab daily catch record is completed as prescribed.
482	8025	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 388(1) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 1 hour before entering eastern rock lobster zone.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
483	8026	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 388(2) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 30 minutes before entering Port of Apollo Bay.
484	8027	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 388(3) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 30 minutes before entering western rock lobster zone.
485	8028	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 388(4) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 2 hours before entering port or mooring area at night.
486	8029	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 389(1) of the Regulations	3 penalty units	As GCFWZAL holder who has specified that giant crab would not be landed, but subsequently wishes to land giant crab, fail to ensure that prescribed details are provided.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
487	8030	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 389(2) of the Regulations	3 penalty units	As GCFWZAL holder who does not know number of giant crab on board at time of providing details under regulation 388, fail to ensure that required details are provided as prescribed.
488	8031	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 389(3) of the Regulations	3 penalty units	As GCFWZAL holder, where number of giant crab on board has changed since providing details under regulation 388, fail to ensure that required details are provided as prescribed.
489	8032	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 390(1) of the Regulations	3 penalty units	As GCFWZAL holder, allow boat with giant crab on board to enter port before estimated time provided under regulation 388.
490	8033	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 390(2) of the Regulations	3 penalty units	As GCFWZAL holder, allow giant crab to be landed from boat before estimated time provided under regulation 388 or 389(1).

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
491	8034	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 391(1) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that boat with giant crab on board enters port or mooring area within one hour after estimated time provided under regulation 388.
492	8035	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 391(2) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that giant crab are landed within one hour after estimated time provided under regulation 388 or 389(1).
493	8036	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 391(3) of the Regulations	3 penalty units	As GCFWZAL holder, commence landing giant crab more than one hour after estimated time provided under regulation 388 or 389(1), without advising Secretary of prescribed details.
494	8037	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 391(4) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that giant crab are landed within one hour after new estimated time provided under regulation 391(3).
Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
495	8038	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 396(1) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that original of giant crab daily catch record for each month sent to Secretary by 18th day of following month.
496	8039	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 397(1) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that he, she or person acting on behalf of licence holder does not possess signed giant crab catch disposal record that is incomplete.
497	8040	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 397(2) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure all copies of completed, and all unused, prescribed documents are kept by licence holder.
498	8041	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 397(3) of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that duplicate copy of completed giant crab catch disposal records are retained in book.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
499	8042	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 398 of the Regulations	3 penalty units	As GCFWZAL holder, fail to ensure that Secretary is notified of location of giant crab books if not on boat or at place of landing.
GIANT CRAB FISHERY (WESTERN ZONE) ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER
500	8043	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 376 of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, use or possess in, on or next to Victorian waters rock lobster pot that does not meet prescribed specifications.
501	8044	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 381 of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, possess, land, or cause to be landed in on or next to Victorian waters dismembered, or part of, giant crab.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
502	8045	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 384(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, take from, or possess in, on or next to Victorian waters, more than 8 wrasse on any day.
503	8046	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 384(2) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, take from, or possess, in on or next to Victorian waters more than 2 banded morwong on any day.
504	8047	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 384(3) of the Regulations	5 penalty units	As person acting on behalf of GCFWZAL holder, take, possess on board boat or land, more than total combined number of 2 gummy shark and school shark on any day.
505	8048	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 386 of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to have giant crab daily catch record book on board boat.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
506	8049	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 387 of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that giant crab daily catch record is completed as prescribed.
507	8050	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 388(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 1 hour before entering eastern rock lobster zone.
508	8051	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 388(2) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 30 minutes before entering Port of Apollo Bay.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
509	8052	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 388(3) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 30 minutes before entering western rock lobster zone.
510	8053	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 388(4) of the Regulations	3 penalty units	As person acting on behalf of  GCFWZAL holder, fail to ensure that required details are provided in prescribed manner 2 hours before entering port or mooring area at night.
511	8054	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 389(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder who has specified that giant crab would not be landed, but subsequently wishes to land giant crab, fail to ensure that required details are provided as prescribed.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
512	8055	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 389(2) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder who does not know number of giant crab on board at time of providing details under regulation 388, fail to ensure that required details are provided as prescribed.
513	8056	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 389(3) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, where number of giant crab on board has changed since providing details under regulation 388, fail to ensure that required details are provided as prescribed.
514	8057	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 390(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, allow boat with giant crab on board to enter port before estimated time provided under regulation 388.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
515	8058	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 390(2) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, allow giant crab to be landed from boat before estimated time provided under regulation 388 or 389(1).
516	8059	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 391(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that boat with giant crab on board enters port or mooring area within one hour after estimated time provided under regulation 388.
517	8060	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 391(2) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that giant crab are landed within one hour after estimated time provided under regulation 388 or 389(1).

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
518	8061	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 391(3) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, commence landing giant crab more than one hour after estimated time provided under regulation 388 or 389(1), without advising Secretary of prescribed details.
519	8062	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 391(4) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that giant crab are landed within one hour after new estimated time provided under regulation 391(3).
520	8063	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 396(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that original of giant crab daily catch record for each month sent to Secretary by 18th day of following month.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
521	8064	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 397(1) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that he or she does not possess signed giant crab catch disposal record that is incomplete.
522	8065	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 397(2) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure all copies of completed, and all unused, prescribed documents are kept by licence holder.
523	8066	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 397(3) of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that duplicate copy of completed giant crab catch disposal records are retained in book.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
524	8067	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 398 of the Regulations	3 penalty units	As person acting on behalf of GCFWZAL holder, fail to ensure that Secretary is notified of location of giant crab books if not on boat or at place of landing.
SCALLOP (OCEAN) FISHERY ACCESS LICENCE CONDITIONS—LICENCE HOLDER
525	8068	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 408(2) of the Regulations	3 penalty units	As SOFAL holder, fail to ensure when on board boat in Gippsland Lakes or any bay or inlet of the sea, scallop dredge is securely stowed on board the boat.
526	8069	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 410(1)(a) of the Regulations	3 penalty units	As SOFAL holder, possess on board boat during fishing trip more than 10 kilograms of fish other than scallop.
527	8070	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 410(1)(b) of the Regulations	3 penalty units	As SOFAL holder, possess on board boat during fishing trip, any abalone, rock lobster, giant crab, sea urchin, jellyfish or bug.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
528	8071	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 410(2)(a) of the Regulations	3 penalty units	As SOFAL holder, land more than 10 kilograms of fish other than scallop.
529	8072	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 410(2)(b) of the Regulations	3 penalty units	As SOFAL holder, land any abalone, rock lobster, giant crab, sea urchin, jellyfish or bug.
530	8073	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 412 of the Regulations	3 penalty units	As SOFAL, take from or possess in, on or next to Victorian waters, more than 8 wrasse on any day.
531	8074	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 413 of the Regulations	3 penalty units	As SOFAL holder, sell scallop within Victoria to person other than holder of a Fish Receivers' (Scallop) Licence.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
FISH RECEIVERS' (SCALLOP) LICENCE CONDITIONS—LICENCE HOLDER
532	8075	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 417(1) of the Regulations	3 penalty units	As FRSL holder, fail to complete monthly scallop receivers' return in required manner.
533	8076	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 417(2) of the Regulations	3 penalty units	As FRSL holder, fail to ensure that monthly scallop receivers' return is sent to the Secretary by 18th day of following month.
AQUACULTURE LICENCE CONDITIONS—LICENCE HOLDER
534	8077	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 436(a) of the Regulations	5 penalty units	As AQL holder fail to maintain book of account for priority species showing prescribed details.
535	8078	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 436(b) of the Regulations	5 penalty units	As AQL holder fail to make book of account available for inspection.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
536	8079	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 437(1) of the Regulations	3 penalty units	As holder of AQL relating to fish not of a priority species, fail to complete aquaculture production return as required.
537	8080	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 437(1) of the Regulations	5 penalty units	As holder of AQL relating to fish of a priority species, fail to complete aquaculture production return as required.
538	8081	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 437(2) of the Regulations	3 penalty units	As holder of AQL relating to fish not of a priority species, fail to ensure that return is sent or completed and lodged in prescribed manner.
539	8082	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 437(2) of the Regulations	5 penalty units	As holder of AQL relating to fish of a priority species, fail to ensure that return is sent or completed and lodged in prescribed manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
540	8083	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 437(3) of the Regulations	3 penalty units	As holder of AQL relating to fish not of a priority species, fail to keep copy or record of verification as required.
541	8084	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 437(3) of the Regulations	5 penalty units	As holder of AQL relating to fish of a priority species, fail to keep copy or record of verification as required.
542	8085	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 438 of the Regulations	3 penalty units	As holder of AQL relating to fish not of a priority species, fail to ensure that prescribed requirements relating to transport or sale of fish or products are complied with.
543	8086	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 438 of the Regulations	5 penalty units	As holder of AQL relating to fish of a priority species, fail to ensure that prescribed requirements relating to transport or sale of fish or products are complied with.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
544	8087	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 439(1) of the Regulations	5 penalty units	As AQL holder, fail to issue prescribed rock lobster receipt in respect of the sale of rock lobster.
545	8088	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 439(2) of the Regulations	5 penalty units	As AQL holder, fail to keep in safe place a copy of every rock lobster receipt issued under regulation 439(1).
546	8089	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 440 of the Regulations	3 penalty units	As holder of AQL relating to fish not of a priority species, fail to keep aquaculture incoming stock record containing prescribed details in respect of all fish received.
547	8090	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 440 of the Regulations	5 penalty units	As holder of AQL relating to fish of a priority species, fail to keep aquaculture incoming stock record containing prescribed details in respect of all fish received.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
548	8091	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 442(1) of the Regulations	5 penalty units	As holder of abalone AQL, shuck abalone or possess shucked abalone.
549	8092	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 443(1) of the Regulations	5 penalty units	As holder of abalone AQL, fail to issue to buyer or consignee of abalone an abalone receipt in respect of that abalone.
550	8093	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 443(2) of the Regulations	5 penalty units	As holder of abalone AQL, fail to keep in safe place a copy of every abalone receipt issued under regulation 443(1).
551	8094	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 444(1) of the Regulations	5 penalty units	As holder of abalone AQL, fail to ensure before abalone leaves licence area, immediate packaging of abalone is marked or labelled with an abalone label.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
552	8095	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 447 of the Regulations	3 penalty units	As holder of AQL relating to fish not of a priority species, use in, or introduce into, licence area or waters any artificial feeds.
553	8096	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 447 of the Regulations	5 penalty units	As holder of AQL relating to fish of a priority species, use in, or introduce into, licence area or waters any artificial feeds.
554	8097	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 448(1) of the Regulations	3 penalty units	As Crown land AQL holder, fail to ensure that each corner of area in licence is marked in prescribed manner.
555	8098	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 449(1) of the Regulations	3 penalty units	As Crown land AQL holder, fail to ensure float, buoy or other floating equipment within licence area is marked in prescribed manner.

Column 1 Item	Column 2 Identifying number	Column 3 Offence	Column 4 Infringement Penalty	Column 5 Summary of offence
556	8099	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 449(2) of the Regulations	3 penalty units	As Crown land AQL holder, fail to ensure that commercial aquaculture equipment set or deployed in licence area, remains within boundaries of area.
557	8100	An offence against section 53(1) of the Act constituted by a failure to comply with regulation 451 of the Regulations	3 penalty units	As holder of Aquaculture (Private Land—Tourism) Licence, fail to ensure fish sold under licence is sold from the private land specified in the licence.

".

9New items inserted in Schedule 3 from 1 April 2009

(1)After item 296 of Schedule 3 to the Principal Regulations insert—

"GIPPSLAND LAKES (MUSSEL DIVE) FISHERY ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER
297	7840	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 174 of the Regulations	3 penalty units	As person acting on behalf of GLMDFAL holder, fail to ensure that mussels from Gippsland Lakes are cleaned within 20 metres of place where taken.
298	7841	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 175 of the Regulations	3 penalty units	As person acting on behalf of GLMDFAL holder, fail to ensure that mussels taken from Gippsland Lakes on board the boat are contained in prescribed size fish bin.".

(2)After item 315 of Schedule 3 to the Principal Regulations insert—

"PORT PHILLIP BAY (MUSSEL BAIT) FISHERY ACCESS LICENCE CONDITIONS—PERSON ACTING ON BEHALF OF LICENCE HOLDER
316	7859	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 192(1) of the Regulations	3 penalty units	As person acting on behalf of PPBMBFAL holder, take mussels from PPB other than as prescribed.
317	7860	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 192(2) of the Regulations	3 penalty units	As person acting on behalf of PPBMBFAL holder, allow person engaged to carry out activity authorised by licence to take mussels from PPB.
318	7861	An offence against section 53(4) of the Act constituted by a failure to comply with regulation 192(3) of the Regulations	3 penalty units	As person acting on behalf of PPBMBFAL holder, fail to ensure that, within 1 hour, mussels are placed in container marked as prescribed.".

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ENDNOTES

[1] Reg. 4: S.R. No. 48/2002.  Reprint No. 2 incorporating amendments as at 9 February 2007.  Reprinted to S.R. No. 150/2006.

[2] Reg. 6 (proposed regulation 7(4)(a)): S.R. No. 2/2009.