Commonwealth Numbered Regulations

1989 No. 69 FISHERIES REGULATIONS (AMENDMENT) - REG 1

Regulation 15A of the Fisheries Regulations is amended:

   (a)  by inserting before subregulation (1) the following subregulation:

"(1A) In this regulation:
'first handler' means a handler receiving gemfish from a person who has taken
the gemfish;
'fishing boat' means an Australian boat or a foreign boat;
'gemfish' means any specimen of the species Rexea solandri;
'handler' means a person who receives gemfish for the purposes of trade or
processing for trade, other than:

   (a)  a person who, for the purpose of retail sale by that person, receives
        gemfish otherwise than from the person who took the gemfish;

   (b)  a person who receives gemfish for the purpose only of transporting the
        gemfish;
'log-book entry' means the entry in the log-book for the boat from which
gemfish were taken relating to the taking of those fish;
'second handler' means a handler to whom gemfish are transferred;
'transfer' means delivery of gemfish from a first handler to a second
handler.";

   (b)  by omitting from subregulation (1) "processors" and substituting
        "handlers";

   (c)  by inserting after subregulation (1) the following subregulation:

"(1AA) Where the person who takes gemfish sells or disposes of the gemfish to
a first handler, he or she shall provide to the handler a copy of the log-book
entry relating to those fish.
Penalty:

   (a)  in the case of a natural person-$500; or

   (b)  in the case of a body corporate-$2,500.

"(1AB) A first handler shall not receive gemfish from the person who took the
fish unless he or she also receives a copy of the log-book entry relating to
those fish.
Penalty:

   (a)  in the case of a natural person-$500; or

   (b)  in the case of a body corporate-$2,500.";

   (d)  by omitting from subregulations (2), (4), (5) and (6) "processor"
        (wherever occurring) and substituting "handler";

   (e)  by omitting from subregulation (2) "the commencement of this
        regulation" and substituting "30 April 1989";

   (f)  by omitting paragraph (3) (d) and substituting the following
        paragraph:

"(d) the name of any person who received the gemfish for the purpose only of
transporting the gemfish;";

   (g)  by omitting paragraphs (4) (b) and (c) and substituting the following
        paragraph:

"; (b) where the person who took the gemfish makes available to the first
handler the Gemfish Catch and Disposal Record Number for the gemfish recorded
in the log-book for that boat-that number;";

   (h)  by inserting after subregulation (4) the following subregulation:

"(4A) A return sent by a first handler shall be accompanied by a copy of the
log-book entry relating to the gemfish to which the return relates.
Penalty:

   (a)  in the case of a natural person-$500; or

   (b)  in the case of a body corporate-$2,500.";

   (i)  by omitting from paragraph 5 (a) "and" (last occurring);

   (j)  by adding at the end of subregulation (5) the following word and
        paragraph:

"; and (c) the prescribed information to be provided by the first handler and
the second handler shall, in addition to the information otherwise required
under this regulation, include the number of any invoice that related to the
transfer.";

   (k)  by omitting subregulation (7).