Exemptions relating to the receipt of a priority species
456 Exemptions relating to the receipt of a priority species
A person is exempt from section 40(1)(a) of the Act in respect of the receipt of fish of a priority species by the person if—
the fish were legally obtained; and
the fish, when received, were accompanied by a catch disposal record, fish receipt or fish movement record; and
the person keeps a copy of that catch disposal record, fish receipt or fish movement record at the place where the fish are received or possessed; and
if the fish are abalone, the abalone is marked or labelled with an abalone label.
The requirements under subregulation (1)(b) and (c) in relation to a fish receipt do not apply to a person if the person from whom the fish was obtained is exempt under regulation 452 from the requirement to issue a fish receipt for the sale of the fish.
A person is exempt from section 40(1)(a) of the Act in respect of the receipt of a priority species that is not in a commercial quantity if the person receives the fish for preparation for inclusion in a meal.
A person is exempt from section 40(1)(a) of the Act in respect of the receipt of abalone by the person if—
the person received the abalone for the purpose of transporting the abalone from the holder of an abalone fishery access licence who took the abalone under that licence; and
the abalone is contained in bins that are each sealed in accordance with regulation 317.
Note
Under section 4(9) of the Act, a person who is exempted from any provision or requirement under the Act is to be treated as if the person were authorised to do or not do the thing from which they are exempted from doing or not doing.
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