EXPLANATORY STATEMENT
STATUTORY RULES 1989 NO. 69
Issued by the Authority of the Minister for Primary Industries and Energy
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Regulation 15A of the Fisheries Regulations requires a person who receives or transfers gemfish for processing to furnish a weekly return to the Commonwealth.
The Regulation amends regulation 15A by requiring a person who receives gemfish for the purposes of trade or processing for trade (other than for the purposes of retail sale or to transport the gemfish) to complete a return for every 7 day period during which gemfish is received.
The amendments also require the person taking gemfish to provide a copy of the logbook entry relating to those fish to the person to whom the gemfish are sold or disposed (who is not to receive the fish unless the logbook entry is also received) and that person is to include the logbook entry with their return.
Paragraph (a) of the Regulation inserts before subregulation 15(1) new subregulation 15(1A), which defines terms used in regulation 15A.
Paragraph (b) of the Regulation replaces the word “processor” in subregulation 15A(1) with the word “handler”.
Paragraph (c) of the Regulation inserts after subregulation 15(1) new subregulation 15(1AA), which requires the person taking gemfish to provide to the first handler a copy of the logbook entry in relation to those fish received by that person.
Paragraph (d) of the Regulation replaces the word “processor” in subregulations 15A(2), (4), (5) and (6) with the word “handlers”.
Paragraph (e) of the Regulation amends subregulation 15A(2) to provide that returns under regulation 15A will be required to be submitted for each 7 day period commencing after 30 April 1989.
Paragraph (f) of the Regulation amends subregulation 15A(3) by replacing paragraph (d) with a new paragraph which requires a return to include the name of any person who received gemfish for the purpose of transporting the gemfish.
Paragraph (g) of the Regulation amends subregulation 15A(4) by replacing paragraphs (b) and (c) with a new paragrpah (b) which requires a first handler’s return to include, where provided by the person who has taken the gemfish, the Gemfish Catch and Disposal Number which is recorded in the logbook for that boat.
Paragraph (h) of the Regulation inserts new subregulation 15(4A), which requires a return sent by a the first handler to be accompanied by the copy of the logbook entry relating to gemfish to which the return relates.
Paragraph (i) of the Regulation omits the word “and” from the end of paragraph 15A(5)(a).
Paragraph (j) of the Regulation amends subregulation 15A(5) by adding a new paragrpah (c) which requires the first and second handlers to provide any invoice number related to the transfer.
Paragraph (k) of the Regulation omits subregulation 15A(7).
The Regulation will take effect on gazettal.