Victorian Consolidated Regulations

FISHERIES REGULATIONS 2019 - REG 453

    (1)     A person is exempt from sections 120AB and 120AC of the Act with respect to fish if the person purchased or otherwise acquired the fish for consumption or as bait and not for the purposes of—

        (a)     resale; or

        (b)     processing for reward; or

        (c)     transportation for reward; or

        (d)     storage for reward.

    (2)     The exemption in subregulation (1) does not apply in relation to any fish found in, on or attached to any boat, premises, aircraft or vehicle used for the—

        (a)     taking for sale of fish; or

        (b)     sale of fish; or

        (c)     receiving for sale of fish; or

        (d)     processing for sale of fish.

    (3)     The holder of a Fish Receiver (Abalone) Licence or a person acting on behalf of the holder is exempt from sections 120AB and 120AC of the Act with respect to abalone received from the holder of an abalone fishery access licence that was taken under that licence.

    (4)     A person who received abalone from the holder of an abalone fishery access licence for the purpose of transporting the abalone is exempt from sections 120AB and 120AC of the Act with respect to that abalone if the abalone is contained in bins that are each sealed in accordance with regulation 317.

    (5)     The holder of an access licence or a person acting on behalf of the holder is exempt from section 120AC of the Act with respect to fish taken under the licence.

    (6)     The holder of an aquaculture licence or a person acting on behalf of the holder is exempt from section 120AC of the Act with respect to fish hatched, reared, bred or grown under the licence if the fish are possessed on land specified in the licence or in or on waters covering that land.

Notes

1     Under section 4(9) of the Act, a person who is exempted from any provision or requirement under the Act is to be treated as if the person were authorised to do or not to do the thing from which they are exempted from doing or not doing.

2     The holder of a Fish Receiver (Abalone) Licence that receives abalone from the holder of an abalone fishery access licence is required to provide details of that receipt under regulation 330.

3     The holder of an access licence is exempt from section 120AC of the Act because the person must complete catch and effort records which are evidence of lawful possession of fish.