Victorian Numbered Regulations Victorian Numbered RegulationsFor regulation 634 of the Principal Regulations substitute —
(1) Despite anything to the contrary in section 40 of the Act, a person may receive abalone, not being a commercial quantity, if that person—
(a) receives legally taken abalone for preparation for inclusion in a meal; or
(b) receives abalone for storage or sale and the abalone was legally obtained or legally possessed within Victoria and the abalone—
(i) is in a quantity equal to or less than that specified in Table 1 of Schedule 9 and is accompanied by a receipt in accordance with regulation 629 that is less than 60 days old; or
(ii) is in a quantity more than that specified in Table 1 of Schedule 9 and is accompanied by a receipt in accordance with regulation 629 that is less than 72 hours old; or
(iii) is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate which was completed not more than 60 days previously; or
(c) receives abalone for storage or sale and the abalone was legally obtained in a place outside Victoria and entered Victoria not more than 72 hours previously; or
(d) receives abalone for any purpose in accordance with an authority of the Secretary under regulation 505 and the abalone was legally obtained; or
(e) receives legally obtained abalone from the holder of an aquaculture licence, under which the holder of the licence is authorised to culture abalone, and the abalone is accompanied by a receipt for that abalone issued by the licence holder or a person acting on behalf of the licence holder setting out—
(i) the name of the licence holder; and
(ii) the address from which the abalone was sold or consigned for sale; and
(iii) the receipt number; and
(iv) the date of the sale or consignment; and
(v) the quantity of abalone; and
(vi) the product description of the abalone.
(2) Despite anything to the contrary in section 40 of the Act, a person may sell abalone, not being a commercial quantity, if—
(a) the abalone was received in accordance with sub-regulation (1) or regulation 634A(1); and
(b) the person issues a receipt for that abalone at the time of sale in accordance with regulation 629; and
(c) the immediate packaging of the abalone is marked or labelled in accordance with regulation 330A.
(1) Despite anything to the contrary in sections 40, 111A and 111C of the Act, a person may receive and possess a commercial quantity of abalone if—
(a) the abalone was legally obtained within Victoria and is accompanied by a receipt for that abalone in accordance with regulation 629 that is less than 72 hours old; or
(b) the abalone was legally obtained and is in a quantity not more than that specified in Table 2 of Schedule 9, and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate for that abalone that was completed not more than 60 days previously; or
(c) the abalone was legally obtained and is in a quantity more than that specified in Table 2 of Schedule 9, and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate for that abalone that was completed not more than 72 hours previously; or
(d) the abalone was legally obtained in a place outside Victoria and entered Victoria not more than 72 hours previously; or
(e) the person is acting in accordance with an authority of the Secretary under regulation 505 and the abalone was legally obtained; or
(f) the abalone was legally obtained from the holder of an aquaculture licence, under which the holder is authorised to culture abalone, and the abalone is accompanied by a receipt for that abalone issued by the licence holder or a person acting under the licence setting out—
(i) the name of the licence holder; and
(ii) the address from which the abalone was sold or consigned for sale; and
(iii) the receipt number; and
(iv) the date of the sale or consignment; and
(v) the quantity of abalone; and
(vi) the product description of the abalone; or
(g) if that person is transporting legally obtained abalone from the holder of an Abalone Fishery Access Licence and the abalone —
(i) is contained in —
(A) bins that are each sealed with a bin lid in such a manner that the bin lid cannot be removed or abalone removed from, or added to, the bin while the bin lid and bin tag are still attached and without breaking the bin tag; or
(B) bags that are sealed with a bin tag in such a manner that the abalone cannot be removed from or added to the bag without breaking the bin tag; and
(ii) is accompanied by the duplicate and triplicate of an abalone docket on which Parts B and C have been completed not more than 72 hours before the commencement of the transportation; or
(h) if that person is transporting legally obtained abalone from the area specified in an aquaculture licence where the holder of the aquaculture licence is authorised to culture abalone, and the abalone —
(i) is being transported to —
(A) the specified premises of the holder of a Fish Receivers' (Abalone) Licence; or
(B) an area specified in another aquaculture licence which authorises the holder of the licence to culture abalone; and
(ii) is labelled and identified in accordance with any conditions imposed on the first mentioned aquaculture licence by the Secretary.
(2) Despite anything to the contrary in sections 40 and 111A of the Act, a person may sell a commercial quantity of abalone if—
(a) the abalone was received and is possessed in accordance with sub-regulation (1); and
(b) the person issues a receipt for that abalone at the time of sale in accordance with regulation 629; and
(c) the immediate packaging of the abalone is marked or labelled in accordance with regulation 330A.
(3) Despite anything to the contrary in section 111A of the Act, a person may process a commercial quantity of abalone if—
(a) the abalone was received and is possessed in accordance with sub-regulation (1); and
(b) the processing occurs at the place where the abalone is to be consumed.
(1) Despite anything to the contrary in sections 40, 111A and 111C of the Act, a person may receive, possess or process rock lobster (including a commercial quantity) if—
(a) the rock lobster were legally obtained from the holder of a Rock Lobster Fishery Access Licence, or a person acting under the licence, and are accompanied by the completed original catch disposal record issued in relation to that rock lobster; or
(b) the rock lobster were legally obtained and are accompanied by a receipt for that rock lobster issued in accordance with sub-regulation (3)(b).
(2) Despite anything to the contrary in sections 111A and 111C of the Act, a person may possess or process rock lobster (including a commercial quantity) if—
(a) the person is authorised under the law of another State or Territory to take a commercial quantity of rock lobster in that State or Territory; and
(b) the rock lobster were taken under such an authority in that State or Territory.
(3) Despite anything to the contrary in sections 40 and 111A of the Act, a person may sell rock lobster (including a commercial quantity) if—
(a) the rock lobster were legally obtained and possessed in accordance with sub-regulation (1) or (2); and
(b) the person issues a receipt for the rock lobster at the time of sale, setting out in respect of each sale—
(i) the full name of the seller; and
(ii) the business address from which the rock lobster were sold; and
(iii) the receipt number; and
(iv) the date of the sale; and
(v) the form of the rock lobster and the number and net weight of the rock lobster; and
(c) the person keeps a copy of that receipt for a period of 3 years from the date the receipt was issued.
Despite anything to the contrary in section 40 of the Act, a person may receive legally obtained fish for sale, other than—
(a) abalone; or
(b) rock lobster; or
(c) scallop received from the holder of a Scallop (Ocean) Fishery Access Licence.".