EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 79
Issued by the authority of the Minister of State 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 this requirement. Handlers will be required to furnish a return by facsimile transmission within 24 hours after the end of any week in which they receive or transfer any gemfish and to send hard copy of that return within 48 hours.
The regulation includes a defence to a prosecution for failure to comply with either of the above requirements. It is a defence if the handler 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.
The regulation expands the information required to be supplied to include the number of any invoice or other document that is issued in the course of the transfer or other delivery of the gemfish.
Handlers, are also to be required to include in the first return sent after 1 May in any year a statement of the total weight of gemfish in the possession of the handler at the end of 30 April in that year.
The Regulations will take effect on Gazettal.