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CurrentFisheries Management (Vessel Monitoring Scheme) Regulations 2017
Schedule 1Demerit point offences and demerit points
Part 2Offences against regulations
18 Fisheries Management (Vessel Monitoring Scheme) Regulations 2017
| Regulation | Description of offence | Demerit points |
| 4(1) | Failing to ensure registered boat is fitted with approved VMS unit— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 4(2) | Failing to ensure device capable of sending and receiving email is connected to VMS unit in registered boat used to take sardines— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 5(1) | Failing to ensure VMS unit is operating at all times during fishing season— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 5(2) | Failing to ensure device capable of sending and receiving email is operating at all times while VMS unit is operating— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 5(3) | Failing to take reasonable measures to ensure registered owner is made aware of cessation of operation of VMS unit etc— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 5(4) | Failing to notify Minister that VMS unit has ceased to operate— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 6(4) | Contravention of or failure to comply with condition of approval relating to switching off or placing in sleep mode VMS unit— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 6(7) | Failing to ensure VMS unit is switched on etc before engaging in fishing activity after period when VMS was switched off or placed in sleep mode— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 6(8) | Failing to ensure device capable of sending and receiving email connected to VMS unit is switched on etc before engaging in fishing activity after period when VMS unit and device were switched off or placed in sleep mode— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 7 | Failing to ensure testing of operation of VMS unit etc following servicing or repairing of boat— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 8(2) | Failing to comply with requirements of notice relating to modification or replacement of VMS unit— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 50 | |
| 9(1) | Person other than approved installer installing etc VMS unit on registered boat— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 9(2) | Failing to take reasonable steps to prevent person other than approved installer installing etc VMS unit on registered boat— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 10(1) | Failing to ensure alternative means of communication with boat is provided (paragraph (a)), failing to ensure that Department is notified of call sign etc (paragraph (b)), failing to provide Department with details of nominated contact person (paragraph (c)), failing to ensure alternative means of communication with boat is operating at all times during fishing season (paragraph (d)) or failing to ensure directions given by fisheries officer or VMS administrator respecting alternative means of communications are complied with (paragraph (e))— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 10(2) | Failing to notify Department of change in name or contact details of nominated contact person— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 10(4) | Nominated contact person failing to immediately inform registered master of registered boat by alternative means of communication on boat that VMS unit is not operating— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 | |
| 12 | Failing to comply with directions given by Minister, fisheries officer or VMS administrator— | |
| (a) if the offence is expiated | 10 | |
| (b) in any other case | 25 |
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