Division 5121 Records to be made by commercial fishers
(1) A commercial fisher must make such records as the regulations require in respect of fishing activities engaged in by the commercial fisher for commercial purposes.(2) In particular, the regulations may require a record to be made of the following:(a) particulars of all fishing activities engaged in by a commercial fisher for commercial purposes (including those where no fish were taken),(b) particulars of all fish taken during those fishing activities,(c) the location in which the fishing activities were carried out,(d) the fishing gear used in connection with the fishing activities,(e) any period in which the commercial fisher did not engage in any fishing activities for commercial purposes.(3) The record must be made in such form and manner as is prescribed by the regulations or (subject to the regulations) as is approved by the Minister.(4) A commercial fisher who fails to make a record as required by this section is guilty of an offence.Maximum penalty: 200 penalty units.
(5) A commercial fisher who is required to make a record under this section must, if the regulations so require, ensure that a copy of the record is sent to the Director-General within such period as the regulations prescribe.Maximum penalty: 10 penalty units.
122 Records to be made by employers of commercial fishers
(1) A fishing employer must make such records as the regulations require in respect of fishing activities engaged in by a nominated fisher on behalf of the fishing employer.(2) In particular, the regulations may require a record to be made of the following:(a) particulars of all fishing activities engaged in by a nominated fisher on behalf of the fishing employer (including those where no fish were taken),(b) particulars of all fish taken during those fishing activities,(c) the location in which the fishing activities were carried out,(d) the fishing gear used in connection with the fishing activities,(e) any period in which the nominated fisher did not engage in any fishing activities on behalf of the fishing employer.(3) The record must be made in such form and manner as is prescribed by the regulations or (subject to the regulations) as is approved by the Minister.(4) A fishing employer who fails to make a record as required by this section is guilty of an offence.Maximum penalty: In the case of a corporation, 500 penalty units or, in any other case, 200 penalty units.
(5) A nominated fisher who engages in any fishing activity on behalf of a fishing employer must not fail to provide the fishing employer with such information concerning those activities as the fishing employer may reasonably require to comply with this section.Maximum penalty: 200 penalty units.
(6) A fishing employer who is required to make a record under this section must, if the regulations so require, ensure that a copy of the record is sent to the Director-General within such period as the regulations prescribe.Maximum penalty: 10 penalty units.
(7) In this section:fishing employer means a shareholder in a share management fishery, an owner of a fishing business, or any other person, who nominates a commercial fisher to take fish in a fishery on behalf of the shareholder, owner or other person.
nominated fisher of a fishing employer means a commercial fisher who is for the time being nominated by the fishing employer under this Act or the regulations to take fish in a fishery on behalf of the fishing employer.
122A Records to be made by fish receivers
(1) A registered fish receiver must make such records as the regulations require relating to fish received by the fish receiver.(2) The record must be made in such form and manner as are prescribed by the regulations or (subject to the regulations) as are approved by the Minister.(3) A registered fish receiver who fails to make a record as required by this section is guilty of an offence.Maximum penalty: In the case of a corporation, 500 penalty units or, in any other case, 200 penalty units.
(4) A registered fish receiver who is required to make a record under this section must, if the regulations so require, ensure that a copy of the record is sent to the Director-General within such period as the regulations prescribe.Maximum penalty: 10 penalty units.
123 Records to be made by sellers
(1) A person who sells any fish must make and deliver to the purchaser, on or before the sale, a record concerning the sale by the person of the fish in accordance with the regulations.Maximum penalty:
(a) in the case of an individual:(i) 200 penalty units for a first offence, or(ii) 400 penalty units for a second or subsequent offence, or(b) in the case of a corporation:(i) 1,000 penalty units for a first offence, or(ii) 2,000 penalty units for a second or subsequent offence.(2) A person who sells any fish (the seller) must:(a) make, before the sale, or(b) obtain, on or before the sale, from any other person from whom the person acquired the fish,a record concerning the seller’s acquisition of the fish in accordance with the regulations.Maximum penalty:
(a) in the case of an individual:(i) 200 penalty units for a first offence, or(ii) 400 penalty units for a second or subsequent offence, or(b) in the case of a corporation:(i) 1,000 penalty units for a first offence, or(ii) 2,000 penalty units for a second or subsequent offence.(3) A person who is required to make or obtain a record under this section must:(a) retain a copy of the record for not less than 5 years after the fish are sold by the person, and(b) during that 5-year period, produce the copy of the record when requested to do so by a fisheries officer.Maximum penalty:
(a) in the case of an individual:(i) 200 penalty units for a first offence, or(ii) 400 penalty units for a second or subsequent offence, or(b) in the case of a corporation:(i) 1,000 penalty units for a first offence, or(ii) 2,000 penalty units for a second or subsequent offence.(4) An offence under this section applies whether or not the fish were sold to a purchaser within the State.(5) This section does not apply in respect of oysters.(6) The regulations may provide that this section does not apply in respect of the sale of fish:(a) if the fish are sold in circumstances specified in the regulations, or(b) if the quantity of fish sold does not exceed a quantity specified by the regulations in respect of the fish or class of fish concerned, or(c) in any other circumstances prescribed by the regulations.
123A Records of possession of fish
(1) A person in possession of fish must produce a prescribed record concerning the possession of the fish when requested to do so by a fisheries officer if:(a) the person is a fishing industry participant, or(b) the quantity of fish in the person’s possession is equal to, or more than, a commercial quantity of fish.Maximum penalty:
(a) in the case of an individual:(i) 200 penalty units for a first offence, or(ii) 400 penalty units for a second or subsequent offence, or(b) in the case of a corporation:(i) 1,000 penalty units for a first offence, or(ii) 2,000 penalty units for a second or subsequent offence.(2) It is a defence to a prosecution for an offence under this section in respect of a defendant who is not a fishing industry participant if the defendant proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.(3) It is a defence to a prosecution for an offence under this section in respect of a defendant who is a fishing industry participant if:(a) the defendant was in possession of less than a commercial quantity of fish, and(b) the defendant proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.(4) An offence under this section applies whether or not the fish were taken from waters to which this Act applies.(5) This section does not apply:(a) to the possession of fish on any premises, or part of premises, occupied solely for residential purposes, or(b) to the possession of oysters.(6) The regulations may provide that this section does not apply in respect of the possession of fish:(a) if the fish are in possession in circumstances specified in the regulations, or(b) if the quantity of fish in possession does not exceed a quantity specified by the regulations in respect of the fish or class of fish concerned, or(c) in any other circumstances prescribed by the regulations.(7) In this section:commercial quantity of fish means the quantity prescribed by the regulations as the commercial quantity for the species of fish, or class of fish, concerned.
fishing industry participant means:
(a) the holder of a fishing authority (within the meaning of Part 9), or(b) a person who carries on the business of selling or processing fish or fish products.
A person who makes an entry in a record, or copy, kept for the purposes of this Division knowing that the entry is false or misleading in a material particular is guilty of an offence.Maximum penalty: 200 penalty units or imprisonment for 3 months, or both.