Hatchery produced pearl oysters not to be sold without CEO’s approval, offence
12 Hatchery produced pearl oysters not to be sold without CEO’s approval, offence
The holder of a hatchery licence shall not sell any pearl oyster produced under the hatchery licence without the written approval of the CEO.
The approval of the CEO to the sale of any pearl oyster produced under a hatchery licence shall not be as of right and, if the CEO thinks it would be in the better interests of the pearling industry to do so, the CEO may refuse to give that approval.
Where the CEO refuses to give his or her approval to the sale of pearl oysters produced under a hatchery licence the CEO shall, in writing, inform the holder of the hatchery licence of the refusal and the reasons for it.
A person who contravenes, or who causes, permits or suffers another person to contravene, subsection (1) commits an offence, the penalty for which is —
$10 000; and
in every case, a further mandatory penalty of an amount that is twice the wholesale value at the time of the offence of any pearl oysters the subject of the offence.
[Section 12 amended: No. 78 of 1995 s. 103; No. 28 of 2006 s. 241.]
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