FISHERIES REGULATIONS (AMENDMENT) 1990 NO. 79 

FISHERIES REGULATIONS (AMENDMENT) 1990 NO. 79 
- TABLE OF PROVISIONS

1. Weekly return relating to gemfish  
2. Offences in relation to log-books  


1990 No. 79 FISHERIES REGULATIONS (AMENDMENT)
- REG 1
Weekly return relating to gemfish


  1. Regulation 15A of the Fisheries Regulations is amended:
  (a) by omitting subregulation (2) and substituting the following
subregulation:
  "(2) A handler who has, at any time during a period of 7 days ending on a
Sunday that falls after 1 May 1990, received or transferred gemfish must:
  (a) not later than 24 hours after the end of that period-send a return, in
the form approved by the Minister and containing the prescribed information in
respect of that period, to the Department by facsimile transmission service;
and
  (b) not later than 48 hours after the end of that period-send a return, in
the form approved by the Minister and containing the prescribed information in
respect of that period, to the Department at the address 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.
  (b) by omitting paragraph (3) (b) and substituting the following paragraphs:
    "(b) the name of the person transferring the gemfish;
     (ba) the name and address of the person receiving the gemfish;
     (bb) the number of any invoice or other document that is issued
in the course of the transfer or other delivery of the gemfish;";
  (c) by inserting "and" at the end of paragraph (5) (a);
  (d) by omitting from paragraph (5) (b) "handler; and" and substituting
"handler.";
  (e) by omitting paragraph (5) (c);
  (f) by inserting "as required by that subregulation" after "days" (second
occurring) in subregulation (6);
  (g) by adding at the end the following subregulations:
    "(7) In respect of:
    (a) the first return that is sent under subregulation
(2) by a handler after 1 May 1990; and
    (b) the first return that is sent under subregulation (2) by a
handler after 1 May of each subsequent year;
the prescribed information must include a statement, in the form approved by
the Minister, of the total weight of gemfish in the possession of the handler
at the end of 30 April of that year.
    "(8) It is a defence to a prosecution under subregulation (2) or (6) 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.".


1990 No. 79 FISHERIES REGULATIONS (AMENDMENT)
- REG 2
Offences in relation to log-books


  2. Regulation 18 of the Fisheries Regulations is amended by inserting "or at
the time or times specified in the log-book" after "paragraph (a)" in
paragraph (1) (b).


- NOTES


1990 No. 79*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 to date. For previous amendments
see Note 2 to Statutory Rules 1990 No. 78 and see also Statutory Rules 1990
No. 78.