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Fisheries Amendment Regulations 2010
S.R. No. 118/2010
TABLE OF PROVISIONS
Regulation
1
2
3
4
5
Page
Objective
Authorising provisions
Commencement
Principal Regulations
Prescribed priority species and exemptions
1
1
1
2
2
PART 12APRESCRIBED PRIORITY SPECIES AND
EXEMPTIONS
2
454A
454B
6
Prescribed priority species and commercial quantities
Exemptions relating to the receipt of any quantity of
a priority species (other than abalone or rock lobster)
454C Exemptions relating to the receipt, processing or
possession of a priority species (other than abalone
or rock lobster) in a commercial quantity
454D Exemptions relating to the sale of a priority species
(other than abalone or rock lobster)
New Schedule 18 inserted
2
SCHEDULE 18—Priority Species and Commercial Quantities
5
2
3
4
5
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ENDNOTES
7
i
STATUTORY RULES 2010
S.R. No. 118/2010
Fisheries Act 1995
Fisheries Amendment Regulations 2010
The Governor in Council makes the following Regulations:
Dated: 26 October 2010
Responsible Minister:
JOE HELPER
Minister for Agriculture
MATTHEW McBEATH
Clerk of the Executive Council
1 Objective
The objective of these Regulations is to amend the
Fisheries Regulations 2009 to—
(a) declare Southern Bluefin Tuna as a priority
species; and
(b) prescribe exemptions from offences in the
Fisheries Act 1995 relating to the receipt,
possession, sale and processing of Southern
Bluefin Tuna and Murray cod.
2 Authorising provisions
These Regulations are made under sections 4
and 153 of the Fisheries Act 1995.
3 Commencement
These Regulations come into operation on
1 November 2010.
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4 Principal Regulations
In these Regulations, the Fisheries Regulations
20091 are called the Principal Regulations.
5 Prescribed priority species and exemptions
After Part 12 of the Principal Regulations
insert—
"PART 12APRESCRIBED PRIORITY
SPECIES AND EXEMPTIONS
454A Prescribed priority species and
commercial quantities
(1) The species of fish listed in Column 2 of the
Table in Schedule 18 is a priority species.
(2) The commercial quantity of fish in the case
of a priority species listed in Column 2 of the
Table in Schedule 18 is the quantity of fish
listed in Column 3 of that Table that
corresponds to that priority species.
454B Exemptions relating to the receipt of any
quantity of a priority species (other than
abalone or rock lobster)
A person is exempt from section 40(1)(a) of
the Act, in respect of the receipt of legally
obtained fish of a priority species (other than
abalone or rock lobster) if—
(a) the person is acting under and in
accordance with a fish receiver permit
granted under the Fisheries
Management Act 1991 of the
Commonwealth that authorises the
receipt of that species of fish, and the
fish are received from a person
authorised to take that species of fish
under that Act; or
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(b) the person—
(i) received the fish from any other
person; and
(ii) the fish are accompanied by a
receipt containing—
(A) the date the receipt was
issued; and
(B) the quantity (net weight),
form and species of the fish;
and
(C) the name and address of the
person from whom the fish
was received; and
(iii) keeps a copy of that receipt.
Note
Under section 4(9) of the Act, a person
who is exempted from any provision or
requirement under the Act is to be treated
as if the person were authorised to do or
not do the thing from which they are
exempted from doing or not doing.
454C Exemptions relating to the receipt,
processing or possession of a priority
species (other than abalone or rock
lobster) in a commercial quantity
(1) A person is exempt from section 111A of
the Act, in respect of the receipt of legally
obtained fish of a priority species (other than
abalone or rock lobster) in a commercial
quantity if the person received the fish in
either of the circumstances set out in
regulation 454B.
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(2) A person is exempt from section 111A of the
Act, in respect of the processing of legally
obtained fish of a priority species (other than
abalone or rock lobster) in a commercial
quantity if the person received the fish in
either of the circumstances set out in
regulation 454B.
(3) A person is exempt from section 111C of the
Act, in respect of the possession of legally
obtained fish of a priority species (other than
abalone or rock lobster) in a commercial
quantity if the person received the fish in
either of the circumstances set out in
regulation 454B.
454D Exemptions relating to the sale of a
priority species (other than abalone or
rock lobster)
A person is exempt from section 40(1)(c)
and 111A of the Act in respect of the sale of
legally obtained fish of a priority species
(other than abalone or rock lobster) if—
(a) the fish sold by the person was
received by the person in either of
the circumstances set out in
regulation 454B; and
(b) the person, at the time of the sale of the
fish, issues a receipt in respect of that
fish containing the following—
(i) the date the fish were sold; and
(ii) the quantity, form and species of
the fish sold; and
(iii) the person's name and address;
and
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(c) the person keeps a copy of that receipt.
Note
Under section 4(9) of the Act, a person who is
exempted from any provision or requirement
under the Act is to be treated as if the person
were authorised to do or not to do the thing
from which they are exempted from doing or
not doing. The exemptions in this regulation
only have effect to the extent specified in this
regulation.".
6 New Schedule 18 inserted
After Schedule 17 of the Principal Regulations
insert—
"__________________
SCHEDULE 18
Regulation 454A
PRIORITY SPECIES AND COMMERCIAL
QUANTITIES
Table
Column 1
Column 2
Column 3
Item
number
Priority Species
Commercial quantity
Southern Bluefin
Tuna (Thunnus
maccoyii)
If in carcass form,
3 fish or more;
1
5
If in any other form,
160 kilograms or
more (including ice
or any other thing
that cannot be
readily separated
from the Southern
Bluefin Tuna in the
form that it is found
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Notes
1.
This Table does not include the commercial
quantities for the priority species being abalone,
rock lobster and Murray cod.
2.
Commercial quantity is defined in the Fisheries
Act 1995.".
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ENDNOTES
1
Reg. 4: S.R. No. 2/2009 as amended by S.R. No. 19/2009.
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Endnotes