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1995 No. 285 FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) - REG 4

4. New regulations 10A, 10B, 10C and 10D
4.1 After regulation 10, insert: Records to be kept by holder of fish receiver
permit

"10A. (1) For the purposes of subsection 92 (2) of the Act, the holder of a
fish receiver permit must make a record, in accordance with subregulation (3),
in respect of fish received by the permit holder.

"(2) The permit holder must keep the record, for at least 5 years:

   (a)  if the permit specifies premises at which fish received under the
        permit by the holder are to be kept while in the possession of the
        holder-at those premises; and

   (b)  in any other case-at the holder's business or residential premises.

"(3) The record must include:

   (a)  in relation to fish received:

        (i)    the full name and address of the permit holder; and

        (ii)   the full name and address of the person from whom the fish were
               received; and

        (iii)  the name of the boat that was used to take the fish; and

        (iv)   the name and amount (by weight) of each species of fish
               received; and

        (v)    the type (if any) of processing to which the fish were
               subjected before being received; and

        (vi)   the date on which the fish were received; and

        (vii)  if the fish is Southern Bluefin Tuna:

                (A)  the number of Southern Bluefin Tuna received; and

                (B)  in respect of each Southern Bluefin Tuna received in
                     processed form-whether the Southern Bluefin Tuna was in
                     processed form A or processed form B; and

        (viii) the full name, office (if any) and signature of the person
               making the record; and

   (b)  in relation to fish disposed of (except for private or domestic use):

        (i)    the full name and address of the permit holder; and

        (ii)   the full name and address of the person to whom the fish were
               disposed of; and

        (iii)  the name and amount (by weight) of each species of fish
               disposed of; and

        (iv)   the type (if any) of processing to which the fish were
               subjected before being disposed of; and

        (v)    the date on which the fish were disposed of; and

        (vi)   if the fish is Southern Bluefin Tuna:

                (A)  the number of Southern Bluefin Tuna disposed of; and

                (B)  in respect of each Southern Bluefin Tuna disposed of in
                     processed form-whether the Southern Bluefin Tuna was in
                     processed form A or processed form B; and

        (vii)  the full name, office (if any) and signature of the person
               making the record; and

   (c)  in relation to fish disposed of for private or domestic use:

        (i)    the full name and address of the permit holder; and

        (ii)   a declaration that the fish were disposed of for private or
               domestic use; and

        (iii)  the name and amount (by weight) of each species of fish
               disposed of; and

        (iv)   the type (if any) of processing to which the fish were
               subjected before being disposed of; and

        (v)    the month in which the fish were disposed of; and

        (vi)   the full name, office (if any) and signature of the person
               making the record.

"(4) In subregulation (3):
'processed form', 'processed form A' and 'processed form B' have,
respectively, the meaning given in subregulation 2 (1) of the Fisheries
Management (Southern Bluefin Tuna Fishery) Regulations;
'Southern Bluefin Tuna' has the meaning given in clause 3.1 of the Southern
Bluefin Tuna Fishery Management Plan 1995.

Returns-South East Fishery and SBT Fishery

"10B. (1) In this regulation:
'area of the South East Fishery' has the meaning given in subregulation 2 (1)
of the Fishing Levy (South East Fishery) Regulations;
'high seas fishing zone' has the meaning given in clause 3.1 of the Southern
Bluefin Tuna Fishery Management Plan 1995;
'Southern Bluefin Tuna' has the meaning given in clause 3.1 of the Southern
Bluefin Tuna Fishery Management Plan 1995;
'Southern Bluefin Tuna Fishery Management Plan 1995' means the plan of
management that is in force from time to time in respect of the Southern
Bluefin Tuna Fishery;
'trawling', in respect of the South East Fishery, has the meaning given in
subregulation 2 (1) of the Fishing Levy (South East Fishery) Regulations.

"(2) The holder of a fish receiver permit who receives fish from a person
engaged in:

   (a)  trawling in the area of the South East Fishery; or

   (b)  fishing for Southern Bluefin Tuna in the Australian fishing zone using
        an Australian or foreign boat; or

   (c)  fishing for Southern Bluefin Tuna in the high seas fishing zone using
        an Australian boat; must give AFMA a return in respect of those fish.

"(3) The return must:

   (a)  contain the information included in the record kept under regulation
        10A; and

   (b)  be in accordance with a form acceptable to AFMA; and

   (c)  be signed by the permit holder; and

   (d)  be posted to AFMA not later than the first Monday after the day on
        which the fish are received by the permit holder.

Fish receiver-person who receives his or her own catch

"10C. A person who takes fish in a declared fishery is taken to receive fish
within the meaning of subsection 97 (1) of the Act if the person:

   (a)  after landing the fish, processes the fish (except for the person's
        private or domestic use); or

   (b)  uses the fish for the purpose of aquaculture or mariculture.

Fish receiver-not person who transports fish

"10D. For the purposes of section 97 of the Act, a person who transports fish
from a person engaged in fishing in a declared fishery to the holder of a fish
receiver permit is taken to be the agent of the holder of the permit.". 


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