FISHERIES REGULATIONS (AMENDMENT) 1990 NO. 78 

FISHERIES REGULATIONS (AMENDMENT) 1990 NO. 78 
- TABLE OF PROVISIONS

1. Commencement  
2. Returns by processor  
3.  


1990 No. 78 FISHERIES REGULATIONS (AMENDMENT)
- REG 1
Commencement


  1. These Regulations commence on 1 May 1990.


1990 No. 78 FISHERIES REGULATIONS (AMENDMENT)
- REG 2
Returns by processor


  2. Regulation 15 of the Fisheries Regulations is amended by adding at the
end the following subregulation:
  "(6) It is a defence to a prosecution under subregulation (1) if the
defendant shows that he, she or it had a reasonable excuse for failing to
comply with that subregulation.".


1990 No. 78 FISHERIES REGULATIONS (AMENDMENT)
- REG 3


  3. The Fisheries Regulations are amended by inserting after regulation 15A
the following regulation:
Returns relating to orange roughy
  "15B. (1) In this regulation:
  'orange roughy' means fish of the species Hoplostethus atlanticus;
  'processor' means a person who receives orange roughy for purposes of
processing for trade, or of sale by wholesale or retail, but does not include:
  (a) a person who receives orange roughy in relation to which a processor has
been required to furnish a return under subregulation (3); or
  (b) a person who receives the fish for the purpose only of transporting it.
  "(2) This regulation applies to processors who operate in New South Wales,
Victoria, Queensland, Western Australia, South Australia or Tasmania on or
after 1 May 1990.
  "(3) A processor who receives orange roughy on a day must, not later than 24
hours after the end of the day, send a facsimile of a return, in the form
approved by the Minister, that contains the prescribed information in relation
to the orange roughy, by facsimile transmission service to the facsimile
number of the Department that is specified in the form.
Penalty:
    (a) in the case of a natural person-$2,000; or
    (b) in the case of a body corporate-$10,000.
  "(4) A processor who, in any period of 7 days ending on a Sunday, was
required under subregulation (3) to send a facsimile of a return must, not
later than 48 hours after the end of that period, send or deliver that return
to the Department at the address specified in the form referred to in that
subregulation.
Penalty:
    (a) in the case of a natural person-$2,000; or
    (b) in the case of a body corporate-$10,000.
  "(5) For the purposes of subregulation (3), the prescribed information is:
    (a) the name of the fishing boat on which the fish were taken;
and
    (b) the name of the master of the fishing boat; and
    (c) a description, prepared in accordance with directions in the
form, of the area of waters where the fish were taken; and
    (d) the name of the port where the fish were landed; and
    (e) the name of the processor of the fish; and
    (f) the address of the depot at which the processor received the fish;
and
    (g) the date on which the processor received the fish; and
    (h) the total quantity (in kilograms) of the fish that the processor
received; and
    (j) the quantity (in kilograms) of the fish that the processor
received:
      (i) in the form of whole fish; or
      (ii) in any other form.
  "(6) It is a defence to a prosecution under subregulation (3) or (4) if the
defendant shows:
    (a) that it was not reasonably practicable for the defendant to
comply with that subregulation within the time specified; and
    (b) that the defendant complied with that subregulation as soon as
was reasonably practicable.".


- NOTES


1990 No. 78*1* FISHERIES REGULATIONS*2* (AMENDMENT)



*1* Notified in the Commonwealth of Australia Gazette on 30 April 1990.
*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; 1989 No. 69.