Fisheries Regulations (Amendment)

Overview

The Fisheries Regulations (Amendment) Statutory Rules 1990 No. 79, enacted to amend the Fisheries Regulations under the Fisheries Act 1952, was introduced to refine the reporting requirements for gemfish handling. This amendment was issued by the Minister of State for Primary Industries and Energy to ensure more efficient and timely data collection regarding gemfish processing activities. The policy objective behind the amendment is to streamline the reporting process while maintaining the integrity and timeliness of the data submitted by gemfish handlers. Under the revised regulations, handlers must now submit a weekly return by facsimile transmission within 24 hours after the end of any week they receive or transfer gemfish, with a hard copy to follow within 48 hours. Additionally, handlers must provide expanded information including invoice numbers or other relevant documents. A defence is provided for handlers who cannot reasonably comply with these requirements, provided they demonstrate that compliance was achieved as soon as practicable. Furthermore, handlers are required to include a statement of the total weight of gemfish in their possession as of 30 April each year in their first return sent post-May 1. The amendments are designed to take effect upon gazette publication.

Scope and Application

The Fisheries Regulations (Amendment) Statutory Rules 1990 No. 79, issued under the authority of the Minister of State for Primary Industries and Energy, amends the requirements for handlers of gemfish under the Fisheries Act 1952. The amendment applies to persons who receive or transfer gemfish for processing, imposing a duty on them to furnish a weekly return detailing their activities. These handlers are now required to submit the return by facsimile transmission within 24 hours after the end of any week in which they receive or transfer any gemfish, and to additionally send a hard copy of this return within 48 hours. This regulation extends the scope of the original requirement by mandating the inclusion of specific information such as the number of any invoice or document issued in the course of the transfer or delivery of the gemfish. Furthermore, handlers must include a statement of the total weight of gemfish in their possession at the end of 30 April each year in their first return sent after this date. The regulation provides a defence against prosecution for non-compliance if the handler can demonstrate that it was not reasonably practicable to comply within the specified time and that they complied as soon as was reasonably practicable. These regulations apply nationally and will take effect upon gazette.

Key Provisions

The primary operative sections of the amended Fisheries Regulations (Amendment) involve changes to the requirements for handlers of gemfish under Regulation 15A (1). Handlers, defined as those who receive or transfer gemfish for processing, must now furnish a weekly return via facsimile transmission within 24 hours after the end of any week during which they handle gemfish. This return must also be sent as a hard copy within 48 hours following the facsimile transmission. Additionally, these returns must include specific details such as the number of any invoice or document issued during the transfer or delivery of the gemfish. Furthermore, handlers are required to include a statement of the total weight of gemfish in their possession at the end of 30 April each year in their first return sent after 1 May. Under these regulations, handlers have several obligations and requirements they must adhere to. Primarily, they must ensure that weekly returns are completed and transmitted in the specified manner and timeframe. This includes both the electronic and hard copy submissions. The regulation also necessitates the inclusion of detailed information related to the handling of gemfish, such as invoice or document numbers, to facilitate transparency and traceability. Furthermore, handlers must report the total weight of gemfish in their possession at the end of 30 April each year, providing this information in the first return sent after 1 May. This requirement aims to ensure that there is accurate and timely data available for regulatory oversight. Failure to comply with the requirements set out in the amended Fisheries Regulations may result in civil or criminal consequences. Specifically, if a handler does not furnish the required returns within the specified timeframes, they could be subject to prosecution. However, there is a defence available if the handler can demonstrate that it was not reasonably practicable for them to comply within the given time and that they complied as soon as reasonably practicable. This provision offers some flexibility and acknowledges that unforeseen circumstances may occasionally impede compliance. The maximum penalties for breaches are not explicitly stated in the provided text, but they would typically align with the provisions of the overarching Fisheries Act 1952 and related regulations.