123   Records of sale and possession of fish

(1)  A person who sells a quantity of fish which is not less than the quantity prescribed by the regulations and:

(a)  who fails to make and deliver to the purchaser, on or before the sale, a prescribed record concerning the sale by the person of the fish, or

(b)  who fails to retain a copy of the record for not less than 5 years after the fish are sold, or

(c)  who fails, during the 5-year period, to produce the copy of the record when requested to do so by a fisheries officer,

      is guilty of an offence.

(2)  A person who sells a quantity of fish which is not less than the quantity prescribed by the regulations and:

(a)  who fails:

(i)  to make, before the sale, or

(ii)  to obtain, on or before the sale, from any other person from whom the person acquired the fish,

      a prescribed record concerning the possession by the person of the fish,

(b)  who fails to retain the record for not less than 5 years after the fish are sold, or

(c)  who fails, during the 5-year period, to produce the record when requested to do so by a fisheries officer,

      is guilty of an offence.

(2A)  The offence under subsection (1) or (2) applies whether or not the fish were sold to a purchaser within the State.

(3)  A person who has possession of a quantity of fish which is not less than the quantity prescribed by the regulations and who fails to produce a prescribed record concerning the possession by the person of the fish when requested to do so by a fisheries officer is guilty of an offence.

(4)  It is a defence to a prosecution for an offence under subsection (3) if the defendant (not being a person who carries on the business of selling or processing fish or fish products) proves that the fish were in the defendant’s possession otherwise than for the purpose of sale, transportation for reward or storage for reward.

(4A)  The offence under subsection (3) applies whether or not the fish were taken from waters to which this Act applies.

(5)  This section does not apply to oysters or to any other fish excluded by the regulations.

Maximum penalty: 200 penalty units.