Commonwealth Numbered Regulations

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.".