Victorian Consolidated Regulations Victorian Consolidated RegulationsA person is exempt from section 36(2) of the Act in respect of the possession of commercial fishing equipment by the person in the following circumstances—
(a) the equipment is possessed in the course of conducting a business where commercial fishing equipment is manufactured or sold from a commercial business premises;
(b) the equipment is possessed in the course of conducting a business where commercial fishing equipment owned by the holder of an access licence or an aquaculture licence is repaired by the person and the person has a record of—
(i) the name of that licence holder; and
(ii) the date that the commercial fishing equipment was received; and
(iii) details of the repairs to be effected;
(c) the equipment is stored or secured on board a boat in respect of which the person is in charge and the person is authorised under the laws of another State or of a Territory to possess that equipment in that State or Territory and the boat is travelling by the shortest practicable route—
(i) to or from a place in Victoria; or
(ii) from a place outside Victorian waters to another place outside those waters;
(d) the equipment is possessed in accordance with a fishing concession issued under the Commonwealth Act;
(e) the equipment is stored and secured on a boat in respect of which the person is in charge and—
(i) the person is the holder of an access licence or a person authorised to act under that licence; and
(ii) the boat is travelling by the shortest practicable route from a boat ramp, pier, jetty, wharf or mooring to or from a place where the person is authorised by the licence to use that equipment.
Note
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.