Untitled document

Fisheries (Documentation) Regulations 2006

S.R. No. 109/2006

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Principal Regulations

4.Definition

5.Offence to sell unmarked or unlabelled abalone

6.Substitution of regulation 543

543.Offence to remove abalone packaging

7.Substitution of heading for Division 5 of Part 6

8.Documents detailing sale and possession of certain fish

629.Required form of documentation for sale of abalone

629A.Person required to have document in his or her possession

629B.Exemptions from documentation requirements

9.Offence to use documents issued to licence holder

10.Offence to receive rock lobster or giant crab from licence holder without a catch disposal record

11.New Division 9 inserted

Division 9—Abalone labelling

645.Abalone only to be sold in properly labelled packaging

12.Consequential amendments

13.Amendment of Schedule 14

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ENDNOTES

STATUTORY RULES 2006

S.R. No. 109/2006

Fisheries Act 1995

Fisheries (Documentation) Regulations 2006

The Governor in Council makes the following Regulations:

Dated: 22 August 2006

Responsible Minister:

BOB CAMERON
Minister for Agriculture

RUTH LEACH

Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Fisheries Regulations 1998 to—

(a)make further provision for the documentation detailing the sale and possession of abalone, rock lobster and giant crab; and

(b)improve abalone catch reporting requirements.

2.Authorising provision

These Regulations are made under section 153 of the Fisheries Act 1995.

3.Principal Regulations

In these Regulations, the Fisheries Regulations 1998[1] are called the Principal Regulations.

4.Definition

In regulation 105(2) of the Principal Regulations, for paragraph (a)(v) of the definition of "specified details" substitute—

"(v)the total net weight (in kilograms) of each species of abalone in respect of each commercial abalone reef code recorded on Part A of the docket;".

5.Offence to sell unmarked or unlabelled abalone

Regulation 542 of the Principal Regulations is revoked.

6.Substitution of regulation 543

For regulation 543 of the Principal Regulations substitute—

"543.Offence to remove abalone packaging

(1)A person must not remove packaging containing abalone.

Penalty:20 penalty units.

(2)Sub-regulation (1) does not apply to a person who does anything prohibited by that regulation—

(a)at a place for the purposes of enabling the abalone to be consumed at that place; or

(b)with the authority of the Secretary.".

7.Substitution of heading for Division 5 of Part 6

For the heading to Division 5 of Part 6 of the Principal Regulations substitute—

"Division 5—Required documentation".

8.Documents detailing sale and possession of certain fish

For regulation 629 of the Principal Regulations substitute—

"629.Required form of documentation for sale of abalone

(1)For the purposes of section 120AA(1) of the Act, the species of fish specified is abalone, at any quantity.

(2)For the purposes of section 120AA(2) of the Act, a document is in the form required by these Regulations if it contains the following details—

(a)the full name and address of the seller;

(b)the full name and signature of the person completing the form;

(c)the date of sale;

(d)the net weight (kilograms) of abalone sold;

(e)the product description of the abalone;

(f)in respect of each sale, a unique identifying number generated from a sequential system of numbering each sale for the purposes of the record;

(g)the full name and address of the person who processed the abalone or the trader identification number or approved AQIS number of the place where the abalone was processed;

(h)the date the abalone was packaged.

629A.Person required to have document in his or her possession

(1)For the purposes of section 120AC(1)(a) of the Act, the following species and quantities of fish are specified—

(a)rock lobster, at a quantity of more than 2;

(b)giant crab, at a quantity of more than 2;

(c)abalone, at any quantity.

(2)For the purposes of section 120AC(2), a person who receives—

(a)rock lobster from a Rock Lobster Fishery Access Licence holder at the place where the rock lobster was landed, must have in his or her possession the original Catch Disposal record in respect of the rock lobster;

(b)giant crab from a Giant Crab Fishery Access Licence holder at the place where the giant crab was landed, must have in his or her possession the original Catch Disposal record in respect of the giant crab;

(c)abalone from a Fish Receivers' (Abalone) Licence holder, must have in his or her possession—

(i)the duplicate and triplicate copy of an abalone transfer certificate issued by the licence holder in respect to that abalone; or

(ii)a copy of a document containing the details specified in regulation 629(2), except those in regulation 629(2)(g) and (h);

(d)abalone from any other person, must have in his or her possession a copy of a document issued in accordance with regulation 629(2).

629B.Exemptions from documentation requirements

The following persons are exempt from the documentation requirements specified in sections 120AA, 120AB and 120AC of the Act, and regulations 629 and 629A—

(a)the holder of an Abalone Fishery Access Licence, Rock Lobster Fishery Access Licence or Giant Crab Fishery Access Licence acting under the licence;

(b)the holder of a Fish Receivers' (Abalone) Licence acting under the licence;

(c)the holder of an Aquaculture (Private) Licence or Aquaculture (Crown) Licence acting under the licence.".

9.Offence to use documents issued to licence holder

In regulation 630(1) of the Principal Regulations—

(a)after "abalone transfer certificate," insert "abalone transfer certificate book,";

(b)after "small sales return," insert "small sales return book,".

10.Offence to receive rock lobster or giant crab from licence holder without a catch disposal record

Regulation 630A of the Principal Regulations is revoked.

11.New Division 9 inserted

After regulation 644 of the Principal Regulations insert—

"Division 9—Abalone labelling

645.Abalone only to be sold in properly labelled packaging

(1)For the purposes of section 118A of the Act, in the case of a Fish Receivers' (Abalone) Licence, the immediate packaging of the abalone is that which is marked or labelled in accordance with regulation 330A.

(2)For the purposes of section 118A of the Act, in the case of an Aquaculture (Private) Licence or Aquaculture (Crown) Licence, the immediate packaging of the abalone is that which is marked or labelled in accordance with the conditions imposed on that licence.".

12.Consequential amendments

(1)In regulation 329(a)(i) of the Principal Regulations, for "regulation 629 except those in regulation 629(1)(g) and (h)" substitute "regulation 629(2) except those in regulation 629(2)(g) and (h)".

(2)In regulations 503(5)(b)(i), 503(5)(b)(ii), 634(1)(b)(i), 634(1)(b)(ii), 634A(1)(a) and 634A(2)(b) of the Principal Regulations, for "regulation 629" substitute "regulation 629(2)".

13.Amendment of Schedule 14

(1)In Schedule 14 to the Principal Regulations, after the item relating to "Section 119B(b)" insert—

"Section 120AA(2)	18 months
Section 120AB(2)	18 months
Section 120AC(1)	18 months".

(2)In Schedule 14 to the Principal Regulations, the items relating to "Regulation 629(1) of the Fisheries Regulations 1998" and "Regulation 630A of the Fisheries Regulations 1998" are revoked.

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ENDNOTES

[1] Reg. 3: S.R. No. 23/1998.  Reprint No. 6 as at 1 April 2006.  Reprinted to S.R. No. 28/2006 and subsequently amended by S.R. No. 63/2006.