Commonwealth Numbered Regulations

1990 No. 79 FISHERIES REGULATIONS (AMENDMENT) - REG 1

1. Regulation 15A of the Fisheries Regulations is amended:

   (a)  by omitting subregulation (2) and substituting the following
        subregulation:

"(2) A handler who has, at any time during a period of 7 days ending on a
Sunday that falls after 1 May 1990, received or transferred gemfish must:

   (a)  not later than 24 hours after the end of that period-send a return, in
        the form approved by the Minister and containing the prescribed
        information in respect of that period, to the Department by facsimile
        transmission service; and

   (b)  not later than 48 hours after the end of that period-send a return, in
        the form approved by the Minister and containing the prescribed
        information in respect of that period, to the Department at the
        address specified in the form.
Penalty:

   (a)  in the case of a natural person-$2,000; or

   (b)  in the case of a body corporate-$10,000.

   (b)  by omitting paragraph (3) (b) and substituting the following
        paragraphs:

"(b) the name of the person transferring the gemfish;

   (ba) the name and address of the person receiving the gemfish;

   (bb) the number of any invoice or other document that is issued in the
        course of the transfer or other delivery of the gemfish;";

   (c)  by inserting "and" at the end of paragraph (5) (a);

   (d)  by omitting from paragraph (5) (b) "handler; and" and substituting
        "handler.";

   (e)  by omitting paragraph (5) (c);
(f) by inserting "as required by that subregulation" after "days" (second
occurring) in subregulation (6);

   (g)  by adding at the end the following subregulations:

"(7) In respect of:

   (a)  the first return that is sent under subregulation (2) by a handler
        after 1 May 1990; and

   (b)  the first return that is sent under subregulation (2) by a handler
        after 1 May of each subsequent year; the prescribed information must
        include a statement, in the form approved by the Minister, of the
        total weight of gemfish in the possession of the handler at the end of
        30 April of that year.

"(8) It is a defence to a prosecution under subregulation (2) or (6) if the
defendant shows:

   (a)  that it was not reasonably practicable for the defendant to comply
        with that subregulation within the time specified; and

   (b)  that the defendant complied with that subregulation as soon as was
        reasonably practicable.".