Division 4117 Fish receiver to be registered
(1) A person who receives fish, for resale or other commercial use, from a person whom he or she knows or reasonably suspects to be a commercial fisher (or a person acting on behalf of such a commercial fisher) is guilty of an offence unless the fish receiver is registered under this Division.Maximum penalty: In the case of a corporation, 500 penalty units or, in any other case, 100 penalty units or imprisonment for 3 months, or both.
(2) The person is not required to be registered under this Division if:(a) (Repealed)(b) the person has received from all commercial fishers (or persons acting on their behalf) less than the minimum quantity of fish prescribed by the regulations during the period so prescribed, or(c) the fish are received in the person’s capacity as an employee or agent of another fish receiver, or(d) the fish are received for the purpose only of transporting them on behalf of the owner of the fish, or(e) the regulations otherwise provide.
118 Provisions relating to registration
(1) Any person may apply to the Minister to be registered under this Division as a fish receiver.(2) An application is to be in the form approved by the Minister and is to be accompanied by such fee (if any) as is prescribed by the regulations.(3) The Minister is required to register an applicant as a fish receiver unless the Minister is authorised by the regulations to refuse the application.(4) The regulations may prescribe different classes of registered fish receivers.(5) The registration of a fish receiver:(a) is subject to such conditions as are prescribed by the regulations or specified in the certificate of registration, and(b) remains in force for the period of 1 year or such other period as is specified in the certificate of registration, and(c) may be renewed from time to time in accordance with the regulations, and(d) may be cancelled or suspended by the Minister in the circumstances authorised by the regulations.(6) The Minister may, at any time by notice in writing to a registered fish receiver, revoke or vary the conditions of the registration or add new conditions. This subsection does not apply to conditions prescribed by the regulations.(7) A registered fish receiver who contravenes any condition of the registration is guilty of an offence.Maximum penalty: 100 penalty units.
(8) The regulations may make provision for or with respect to the registration of fish receivers.
119 Fish receiver to supply information
(1) A fisheries officer may, by written notice to a registered fish receiver, require the fish receiver:(a) to give the fisheries officer, within such reasonable time as is specified in the notice, such information relating to fish received by the fish receiver as is specified in the notice, and(b) to verify that information by statutory declaration.(2) The regulations may make provision for or with respect to the information to be given by registered fish receivers.(3) A registered fish receiver must not, without reasonable excuse, refuse or fail to give information required by or under this section.Maximum penalty: In the case of a corporation, 500 penalty units or, in any other case, 100 penalty units or imprisonment for 3 months, or both.
The fact that a person is a registered fish receiver is evidence that fish in the person’s possession were fish taken or in possession for sale.