Victorian Consolidated Regulations Victorian Consolidated Regulations(1) For the purposes of section 120AC(1)(a) of the Act, in respect of any species of fish, the specified quantity of fish, is any quantity of fish.
(2) For the purposes of section 120AC(1)(b) of the Act, a person who possesses fish must have in the person's possession, in respect of that fish, either—
(a) an original catch disposal record; or
(b) a fish receipt; or
(c) if subregulation (3) applies, a fish movement record.
(3) For the purposes of subregulation (2)(c), a fish movement record, which complies with subregulation (4) and has been completed in accordance with subregulation (5), is required to be in the possession of a fishing industry participant who acquires fish other than by purchasing the fish.
Examples
Examples of a fishing industry participant who acquires fish other than by purchasing the fish include the following—
(a) the acquisition of fish by way of gift from any person;
(b) the acquisition of fish taken by any person under a recreational fishing licence, including fish taken by the fishing industry participant under a recreational fishing licence (noting that the taking of fish for sale under a recreational fishing licence is prohibited by sections 36 and 45 of the Act).
(4) For the purposes of subregulation (3), a fish movement record must include the following information—
(a) the date of the acquisition of the fish;
(b) the quantity of fish acquired;
(c) a description of the fish acquired, including a description of the form of the fish and, if processed, the manner in which the fish have been processed;
(d) the full name and signature of the person who must complete the record in accordance with subregulation (5)(b);
(e) if the fish are acquired from 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;
(f) in respect of each acquisition of fish, a unique identifying number generated from a sequential system of numbering each acquisition of fish;
(h) if the fish that are acquired have been processed before acquisition, either or both of the following details—
(i) the full name and address of the person who processed the fish;
(ii) the registered establishment number of the place or premises where the fish was processed;
(i) if the fish that are acquired are packaged, the date that the fish was packaged.
(5) For the purposes of subregulation (3), a fish movement record is to be completed on or before the fish are acquired by the fishing industry participant by—
(a) if the fish are acquired from another person, the person from whom the fish are acquired; or
(b) in any other case, the fishing industry participant.
(6) For the purposes of section 120AC(2) of the Act, a person who possesses fish must possess the relevant document referred to in subregulation (2) at the same place at which the fish are possessed.
Note
Under section 120AC of the Act, a person who possesses a prescribed quantity of a prescribed species of fish must have in the person's possession a document specified by these Regulations (that is the relevant document specified in this regulation) and must, when asked to do so by an authorised officer or a police officer, produce that document for inspection. The maximum penalty for a contravention of that section is 60 penalty units.