Victorian Consolidated Regulations Victorian Consolidated Regulations(1) For the purposes of section 120AA(2)(a) of the Act the document must be in the form of—
(a) a catch disposal record, if fish are sold at the place of landing by the holder of an access licence who is required to complete a catch disposal record before selling any fish taken under the licence to another person; or
(b) a receipt that contains the details specified in subregulation (2), if—
(i) abalone are sold; or
(ii) fish other than abalone are sold for the purpose of resale in circumstances where a catch disposal record is not required to be completed; or
(c) a receipt that contains the details specified in subregulation (3), in any other circumstances where fish other than abalone are sold.
Examples
1 Subregulation (1)(a) would apply to the holder of an access licence such as a rock lobster fishery access licence who is required, under Subdivision 6 of Division 6 of Part 2, to complete a catch disposal record when selling fish.
2 Subregulation (1)(b)(i) would apply if any person sells abalone (including an access licence holder, aquaculture licence holder, fish receiver, wholesaler or retailer) to another person.
3 Subregulation (1)(b)(ii) would apply if the holder of an access licence such as an Ocean Fishery Access Licence who is not subject to Subdivision 6 of Division 6 of Part 2 (and is therefore not required to complete a catch disposal record) sells fish other than abalone to a wholesaler of fish.
4 Subregulation (1)(c) would apply if a wholesaler or retailer sells fish (other than abalone) to a consumer.
Note
Certain persons are exempt from the operation of section 120AA of the Act under regulation 452.
(2) For the purposes of subregulation (1)(b), the following details are specified—
(a) any one or both of the following details—
(i) the name and net weight (in kilograms) of each species of fish sold;
(ii) if the fish are whole or in the form of carcass, the name and total number of each species of fish sold;
(b) a description of the form of the fish sold and, if processed, the manner in which the fish have been processed;
(c) the date of the sale of the fish;
(d) the price per kilogram, price per packet or price per unit of each species of fish sold;
(e) the total sales value of each species of fish sold;
(f) the full name and address of the seller of the fish;
(g) the full name and address of the purchaser of the fish;
(h) in respect of each sale of fish, a unique identifying number allocated to the sale, being a number that is one of a sequence of unique identifying numbers where each subsequent sale is allocated the next number in the sequence;
(i) if the sale of fish is by the holder or a person acting on behalf of the holder of a commercial fishery licence or permit, the licence number or permit number of that licence or permit;
(j) if the sale is of abalone to a person other than the holder of a Fish Receiver (Abalone) Licence—
(i) the date that the abalone was packaged; and
(ii) any one or both of the following details—
(A) the full name and address of the person who processed the abalone;
(B) the registered establishment number of the place or premises where the abalone was processed;
(k) if the sale is of packaged abalone by a person other than the holder of or a person acting on behalf of the holder of an abalone fishery access licence to the holder of a Fish Receiver (Abalone) Licence—
(i) the date that the abalone was packaged; and
(ii) any one or both of the following details—
(A) the full name and address of the person who processed the abalone;
(B) the registered establishment number of the place or premises where the abalone was processed.
Reg. 450(2A) inserted by S.R. No. 161/2021 reg. 32.
(2A) Subregulation (2)(d), (e) and (g) do not apply if the fish are given to a person solely for transportation for reward or for storage for reward, if that person is not the purchaser of the fish and the seller of the fish ensures the details specified in subregulation (2)(d), (e) and (g) are given to the purchaser of the fish.
Reg. 450(2B) inserted by S.R. No. 161/2021 reg. 32.
(2B) Subregulations (2)(d) and (g) do not apply if the fish are abalone and the sale is not for the purposes of resale, processing for reward, transportation for reward, or storage for reward.
(3) For the purposes of subregulation (1)(c), the following details are specified—
(a) the date of the sale of the fish;
(b) the quantity of fish sold;
(c) a description of the fish sold;
(d) the total price paid for the fish;
(e) the full name and address of the seller of the fish;
(f) if the sale of fish is by the holder or a person acting on behalf of the holder of a commercial fishery licence or permit—
(i) the licence number or permit number of the licence or permit; and
(ii) a description of the form of the fish sold and, if processed, the manner in which the fish have been processed.
(4) A person who sells fish must possess a copy of the relevant document referred to in subregulation (1) at the same place at which the fish are sold.
Penalty: 20 penalty units.