Exemptions relating to the sale of a priority species
458 Exemptions relating to the sale of a priority species
A person is exempt from section 40(1)(c) of the Act in respect of the sale of fish of a priority species by the person if—
the fish were legally obtained; and
at the time of the sale, the person issues a fish receipt in respect of that fish and keeps a copy of that fish receipt; and
where the fish to be sold are abalone, the person complies with the labelling and packaging requirements in sections 118A and 118B of the Act.
Notes
1 Under regulation 333(1), a person who is the holder of a Fish Receiver (Abalone) Licence, an Aquaculture (Crown Land—Abalone) Licence or an Aquaculture (On-shore—Abalone) Licence, or a person who is acting on behalf of one of those licence holders, is exempt from sections 118A and 118B of the Act when acting under the licence. Under regulation 333(2), certain persons are exempt from section 118A of the Act with respect to abalone sold to the holder of a Fish Receiver (Abalone) Licence.
2 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 to do the thing from which they are exempted from doing or not doing.
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