EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 78
Issued by the authority of the Minister of State for Primary Industries and Energy.
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Paragraph 17(1)(a) of the Fisheries Act 1952 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. As far as it is relevant the Act makes provision for returns to be furnished with information relating to the taking of fish in Australian waters and the sale or disposal of such fish.
Proposed Regulation 15B of the Fisheries Regulations requires a person who receives orange roughy for purposes of processing for trade, or of sale by wholesale or retail to furnish a return to the Commonwealth.
Under proposed subregulation (3), processors will be required to furnish a return by facsimile transmission within 24 hours after the end of any day on which they receive any orange roughy.
Under proposed subregulation (4), processors will be required to send, within 48 hours of the end of the week, hard copy returns for weeks, ending on Sundays, in which they receive orange roughy.
The Regulation includes a defence to a prosecution for failure to comply with either of the above requirements. Under proposed subregulation (6), it is a defence if the processor shows that it was not reasonably practicable for them to comply with the requirement within the time specified and that they complied as soon as was reasonably practicable.
Proposed subregulation (5) lists the information required to be supplied under subregulations (3) and (4).
The Regulations will take effect on 1 May 1990.