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.
Overview
The Fisheries Regulations (Amendment) Statutory Rules 1989, issued by the authority of the Minister for Primary Industries and Energy, amend the Fisheries Regulations 1989 under the Fisheries Act 1952. This amendment was introduced to address the need for more detailed reporting and tracking of gemfish handling and processing in the fisheries industry, particularly focusing on enhancing the oversight and management of gemfish trade and processing. The objective of these amendments is to ensure that there is a comprehensive and accurate record of gemfish movements and processing activities within the industry, which in turn aids in the enforcement of fisheries regulations and supports sustainable management practices. These amendments require handlers to submit more detailed returns, including logbook entries, and establish clearer definitions and responsibilities for those involved in the gemfish trade and processing chain.
Scope and Application
The Fisheries Regulations (Amendment) Statutory Rules 1989 No. 69, made under the authority of the Minister for Primary Industries and Energy, pertain to the amendment of the Fisheries Regulations 1952 concerning the handling and reporting of gemfish. These regulations apply to individuals or entities involved in the reception or transfer of gemfish for processing, specifically targeting those who engage in trade or processing for trade, excluding retail sale or transportation of the gemfish. The amendment requires these entities to furnish a weekly return detailing gemfish received over each seven-day period. Additionally, the amendments mandate that the person taking the gemfish must provide a copy of the relevant logbook entry to the first handler or the person to whom the gemfish are sold or disposed of. This logbook entry must then accompany the return. The changes, which come into effect upon gazette, also redefine the term "processor" to "handler" and introduce further stipulations regarding the content of the returns, including details such as the Gemfish Catch and Disposal Number and invoice numbers related to transfers.
Key Provisions
The Fisheries Regulations (Amendment) Statutory Rules 1989 No. 69, issued under the Fisheries Act 1952, make significant amendments to Regulation 15A, which pertains to the reporting requirements for individuals or entities handling gemfish. Specifically, Regulation 15A now mandates that anyone who receives or transfers gemfish for processing, except for retail sale or transportation purposes, must complete a return for each seven-day period during which gemfish is received (15A(1A)). This return must be submitted weekly to the Commonwealth. Additionally, the person taking the gemfish must provide a copy of the logbook entry relating to those fish to the person to whom the gemfish are sold or disposed of (15A(1AA)). The latter cannot receive the gemfish unless the logbook entry is also provided and must include this entry with their return (15A(4A)).
The Act imposes several obligations on parties involved in the handling and processing of gemfish. Firstly, it requires that all gemfish handlers complete and submit a return for every seven-day period during which gemfish is received (15A(1A)). This return must include detailed information about the gemfish transactions, such as the names of individuals who received the gemfish for the purpose of transportation (15A(3)). Furthermore, first handlers must include the Gemfish Catch and Disposal Number from the logbook of the boat that caught the gemfish if provided by the person who took the gemfish (15A(4)). Both the first and second handlers must also provide any invoice numbers related to the transfer of the gemfish (15A(5)(c)). These obligations ensure that all transactions involving gemfish are accurately recorded and reported to the relevant authorities.
Failure to comply with the reporting requirements outlined in Regulation 15A can result in various penalties and consequences. The exact nature and severity of these penalties are not specified in the provided text, but generally, non-compliance with regulations related to fisheries management can lead to both civil and criminal consequences. Civil penalties might include fines or other monetary penalties, while criminal penalties could involve imprisonment or additional fines, depending on the severity and frequency of the breach. The specific maximum penalties would need to be referred to in the Fisheries Act 1952 or related legislation. Nonetheless, the intent is to enforce strict adherence to the regulations to ensure proper management and sustainability of gemfish resources.