FISHERIES ACT 1995 - SECT 120A Chief executive officer may require details of fish etc. taken or received
FISHERIES ACT 1995 - SECT 120A
Chief executive officer may require details of fish etc. taken or receivedS. 120A(1) amended by No. 68/2016 s. 109(2).
(1) The chief executive officer may, by written notice, require a person to give to the chief executive officer, or to some other person or officer specified by the chief executive officer, the following details in writing—
(a) whether the person, either as principal or agent, took, produced or consigned fish, protected aquatic biota or noxious aquatic species in any specified period and, if so—
(i) the quantity of fish, protected aquatic biota or noxious aquatic species taken, produced or consigned in that period;
(ii) the number of people who were engaged or employed in taking, producing or consigning those fish, protected aquatic biota or noxious aquatic species and the number of hours those people were engaged or employed in carrying out those activities;
(iii) the name and address of each of those people;
(iv) the equipment and methods used to take or produce those fish, protected aquatic biota or noxious aquatic species;
(v) the name and address of each person to whom those fish, protected aquatic biota or noxious aquatic species were consigned, transported or delivered;
(vi) the address of the premises to which those fish, protected aquatic biota or noxious aquatic species were consigned, transported or delivered;
(b) whether the person, either as principal or agent, received fish, protected aquatic biota or noxious aquatic species in any specified period, and, if so—
(i) the quantity of those fish, protected aquatic biota or noxious aquatic species received by him or her; and
(ii) the name and address of each person who consigned, transported or delivered those fish, protected aquatic biota or noxious aquatic species.
S. 120A(2) amended by No. 68/2016 s. 109(3).
(2) In imposing a requirement under subsection (1), the chief executive officer—
(a) must specify a date by which the requirement must be complied with; and
(b) may also require that the person support any details given with a statutory declaration attesting to the truth of the details.
S. 120A(3) amended by No. 68/2016 s. 109(3).
(3) In specifying a date for the purposes of subsection (2)(a), the chief executive officer must allow a reasonable time for the requirement to be complied with.
(4) A person who is given a notice under subsection (1) must comply with the requirements of the notice by the date specified in the notice.
Penalty: 60 penalty units.
S. 120A(5) amended by No. 68/2016 s. 109(4).
(5) If a person who fails to comply with a notice under subsection (1) is the holder of a licence or permit under this Act, the Victorian Fisheries Authority may suspend or refuse to renew or transfer the licence or permit until the person—
(a) has complied with the requirements of the notice; or
S. 120A(5)(b) amended by No. 68/2016 s. 109(4).
(b) satisfies the Victorian Fisheries Authority that he or she has taken, or is taking, all reasonable steps to do so.
S. 120AA inserted by No. 69/2004 s. 18.