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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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