Commonwealth Numbered Regulations

1988 No. 63 FISHERIES REGULATIONS (AMENDMENT) - REG 2

2. After regulation 15 of the Fisheries Regulations the following regulation
is inserted: Weekly return relating to gemfish

"15A. (1) This regulation applies to processors operating in any of the
following States, namely, New South Wales, Victoria, Queensland, South
Australia and Tasmania.

"(2) A processor who has at any time during any period of 7 days ending on a
Sunday that falls after the commencement of this regulation received or
transferred gemfish shall, not later than 24 hours after the end of that
period, send a return in a form approved by the Minister containing, in
respect of that period, the prescribed information by prepaid post to:
The Manager
Southern Trawl Fisheries
Australian Fisheries Service
Department of Primary Industries and Energy
GPO Box 858
Canberra, A.C.T. 2601.

"(3) For the purposes of subregulation (2), the prescribed information is,
subject to this regulation, the following information:

   (a)  the date on which the gemfish were received or transferred;

   (b)  the name of the person receiving or transferring the gemfish;

   (c)  the address of the depot at which the gemfish were received or from
        which the gemfish were transferred;

   (d)  the total quantity (in kilograms) of the gemfish received or
        transferred; (e) the quantity (in kilograms) of the gemfish received
        or transferred in each of the following forms:

        (i)    whole gemfish;

        (ii)   gutted gemfish;

        (iii)  gutted and headed gemfish;

        (iv)   gemfish in any other form.

"(4) Where gemfish are received by a first processor from a fishing boat, the
prescribed information to be provided by that processor shall, in addition to
the information required under subregulation (3), include the following
information:

   (a)  the name of the fishing boat taking the gemfish;

   (b)  the name of the master of the boat;

   (c)  the area of water where the gemfish were taken;

   (d)  the name of the port where the gemfish were landed.

"(5) Where a first processor transfers gemfish to a second processor:

   (a)  the prescribed information to be provided by the first processor
        shall, in addition to the information otherwise required under this
        regulation, include information as to the name and usual business
        address of the second processor; and

   (b)  the prescribed information to be provided by the second processor
        shall, in addition to the information required under subregulation
        (3), include information as to the name and usual business address of
        the first processor.

"(6) A processor who:

   (a)  has sent a return in respect of a period of 7 days as referred to in
        subregulation (2); and

   (b)  receives or transfers gemfish in the ordinary course of his or her
        business; is required to send a return in respect of each subsequent
        period of 7 days, whether or not the processor receives or transfers
        gemfish during any such period.

"(7) In this regulation:
'first processor' means a processor 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;
'processor' means a person who undertakes processing of gemfish for trading or
manufacturing purposes;
'second processor' means a processor to whom gemfish are transferred;
'transfer' means delivery of gemfish from a first processor to a second
processor.".