FISHERIES REGULATIONS (AMENDMENT) 1989 NO. 69 

FISHERIES REGULATIONS (AMENDMENT) 1989 NO. 69 
- TABLE OF PROVISIONS

1. Weekly return relating to gemfish  


1989 No. 69 FISHERIES REGULATIONS (AMENDMENT)
- REG 1
Weekly return relating to gemfish


  Regulation 15A of the Fisheries Regulations is amended:
  (a)  by inserting before subregulation (1) the following subregulation:
     "(1A) In this regulation:
     'first handler' means a handler receiving gemfish from a person who has
taken the gemfish;
     'fishing boat' means an Australian boat or a foreign boat;
     'gemfish' means any specimen of the species Rexea solandri;
     'handler' means a person who receives gemfish for the purposes of trade
or
processing for trade, other than:
        (a)  a person who, for the purpose of retail sale by that person,
receives gemfish otherwise than from the person who took the gemfish;
        (b)  a person who receives gemfish for the purpose only of
transporting
the gemfish;
     'log-book entry' means the entry in the log-book for the boat from which
gemfish were taken relating to the taking of those fish;
     'second handler' means a handler to whom gemfish are transferred;
     'transfer' means delivery of gemfish from a first handler to a second
handler.";
  (b)  by omitting from subregulation (1) "processors" and substituting
"handlers";
  (c)  by inserting after subregulation (1) the following subregulation:
     "(1AA) Where the person who takes gemfish sells or disposes of the
gemfish
to a first handler, he or she shall provide to the handler a copy of the
log-book entry relating to those fish.
    Penalty:
     (a)  in the case of a natural person-$500; or
     (b)  in the case of a body corporate-$2,500.
     "(1AB) A first handler shall not receive gemfish from the person who
took
the fish unless he or she also receives a copy of the log-book entry relating
to those fish.
    Penalty:
     (a)  in the case of a natural person-$500; or
     (b)  in the case of a body corporate-$2,500.";
  (d)  by omitting from subregulations (2), (4), (5) and (6) "processor"
(wherever occurring) and substituting "handler";
  (e)  by omitting from subregulation (2) "the commencement of this
regulation" and substituting "30 April 1989";
  (f)  by omitting paragraph (3) (d) and substituting the following
paragraph:
     "(d)  the name of any person who received the gemfish for the purpose
only
of transporting the gemfish;";
  (g)  by omitting paragraphs (4) (b) and (c) and substituting the following
paragraph:
     "; (b)  where the person who took the gemfish makes available to the
first
handler the Gemfish Catch and Disposal Record Number for the gemfish recorded
in the log-book for that boat-that number;";
  (h)  by inserting after subregulation (4) the following subregulation:
     "(4A) A return sent by a first handler shall be accompanied by a copy of
the log-book entry relating to the gemfish to which the return relates.
    Penalty:
     (a)  in the case of a natural person-$500; or
     (b)  in the case of a body corporate-$2,500.";
  (i)  by omitting from paragraph 5 (a) "and" (last occurring);
  (j)  by adding at the end of subregulation (5) the following word and
paragraph:
     "; and (c)  the prescribed information to be provided by the first
handler
and the second handler shall, in addition to the information otherwise
required under this regulation, include the number of any invoice that related
to the transfer.";
  (k)  by omitting subregulation (7).


- NOTES


1989 No. 69*1* FISHERIES REGULATIONS*2* (AMENDMENT)



*1* Notified in the Commonwealth of Australia Gazette on 28 April 1989.
*2* Statutory Rules 1954 No. 116 as amended by 1968 Nos. 7 and 143; 1974 Nos.
211 and 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235; 1980 Nos. 13,
279 and 369; 1981 No. 388; 1982 No. 127; 1983 No. 10; 1984 No. 233; 1985 Nos.
194 and 358; 1987 Nos. 135 and 259; 1988 Nos. 30, 63 and 81.