{"id":"fisheries-management-fish-processors-regulations-2017","name":"Fisheries Management (Fish Processors) Regulations 2017","slug":"fisheries-management-fish-processors-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235531,"registerId":"sa-fisheries-management-fish-processors-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fisheries Management (Fish Processors) Regulations 2017","content":"South Australia\nFisheries Management (Fish Processors) Regulations 2017\nunder the Fisheries Management Act 2007\n\nContents\n1\tShort title\n3\tInterpretation\n4\tPrescribed classes of persons not required to be registered as fish processors\n5\tPrescribed grounds for refusing application for registration as fish processor\n6\tRegistration of additional premises, place, boat or vehicle\n7\tDuty to check for undersize fish\n8\tRequirements relating to processing of abalone\n9\tRequirements relating to processing of vongole\n10\tRequirements relating to processing of pipi\n11\tRequirements relating to processing of blue crab\n12\tRequirements relating to processing of giant crab\n13\tRequirements relating to processing of sardines\n14\tRequirements relating to processing of tuna\n15\tRequirements relating to processing of rock lobster\n15A\tRequirements relating to processing of King George whiting\n15B\tRequirements relating to processing of snapper\n15C\tRequirements relating to processing of southern calamari\n15D\tRequirements relating to processing of southern garfish\n16\tPeriodic returns\n17\tRecords to be kept\n18\tProvision relating to keeping of documents\n19\tMinister's determinations\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fisheries Management (Fish Processors) Regulations 2017.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nabalone means Abalone (Haliotis spp);\nAct means the Fisheries Management Act 2007;\nAFMA means the Australian Fisheries Management Authority established by the Fisheries Administration Act 1991 of the Commonwealth;\nblue crab has the same meaning as in the Fisheries Management (Blue Crab Fishery) Regulations 2013;\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Act;\ngiant crab means Giant Crab (Pseudocarcinus gigas);\nKing George whiting means Syllaginodes punctatus;\nMiscellaneous Broodstock and Seedstock Fishery has the same meaning as in the Fisheries Management (Miscellaneous Broodstock and Seedstock Fishery) Regulations 2013;\npipi means Pipi (Donax spp);\nrock lobster means Southern Rock Lobster (Jasus edwardsii);\nsardine means Australian Sardine (Sardinops sagax);\nsnapper means Chrysophrys auratus;\nsouthern calamari means Sepioteuthis australis;\nsouthern garfish means Hyporhamphus melanochir;\nvongole means any mollusc of the genus Katelysia;\ntuna means Southern Bluefin Tuna (Thunnus maccoyii);\nundersize fish has the same meaning as in the Fisheries Management (General) Regulations 2017.\n4—Prescribed classes of persons not required to be registered as fish processors\nFor the purposes of section 62(2)(c) of the Act, the following persons are not required to be registered as fish processors:\n\t(a)\tpersons who buy and sell aquatic resources without ever taking physical possession of the aquatic resources;\n\t(b)\tpersons who sell aquatic resources that are taken pursuant to a permit in respect of the Miscellaneous Broodstock and Seedstock Fishery.\n5—Prescribed grounds for refusing application for registration as fish processor\nFor the purposes of section 64(3)(b) of the Act, the Minister may refuse to grant an application for registration as a fish processor if the Minister is satisfied that, if registration of the kind to which the application relates were granted, there would be a risk of harm (including disease) to aquatic resources or the local ecological environment.\n6—Registration of additional premises, place, boat or vehicle\n\t(1)\tIf a registered fish processor proposes to use for, or in connection with, the processing, storage, transport of, or other dealing with, aquatic resources any premises, place, boat or vehicle that is not specified in the fish processor's certificate of registration, the fish processor must lodge with the Minister an application to have the additional premises, place, boat or vehicle so specified.\n\t(2)\tAn application under subregulation (1) must—\n\t(a)\tbe made in a manner and form approved by the Minister; and\n\t(b)\tbe completed in accordance with the instructions contained in the form; and\n\t(c)\tbe accompanied by the prescribed fee.\n7—Duty to check for undersize fish\n\t(1)\tA registered fish processor must, as soon as possible after a consignment of aquatic resources is delivered to the fish processor, take all reasonable steps to check for the presence of undersize fish in the consignment.\nMaximum penalty: $2 500.\n\t(2)\tIf a registered fish processor finds undersize fish in a consignment, the fish processor must immediately render the undersize fish unsuitable for sale or consumption and dispose of them as waste material.\nMaximum penalty: $2 500.\n\t(3)\tIf, in proceedings for an offence against subregulation (1), it is proved that undersize fish were found in the possession of a registered fish processor, the fish processor will be taken, in the absence of proof to the contrary, to have failed to comply with subregulation (1).\n8—Requirements relating to processing of abalone\n\t(1)\tA registered fish processor must comply with the following provisions in respect of abalone purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the abalone as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that abalone purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such records and information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n9—Requirements relating to processing of vongole\n\t(1)\tA registered fish processor must comply with the following provisions in respect of vongole purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the vongole as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that vongole purchased or obtained by, or consigned or delivered to, to the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n10—Requirements relating to processing of pipi\n\t(1)\tA registered fish processor must comply with the following provisions in respect of pipi purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the pipi as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that pipi purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n11—Requirements relating to processing of blue crab\n\t(1)\tA registered fish processor must comply with the following provisions in respect of blue crab purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the blue crab as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that blue crab purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n12—Requirements relating to processing of giant crab\n\t(1)\tA registered fish processor must comply with the following provisions in respect of giant crab purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the giant crab as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that giant crab purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n13—Requirements relating to processing of sardines\n\t(1)\tA registered fish processor must comply with the following provisions in respect of sardines purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the sardines as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that sardines purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n14—Requirements relating to processing of tuna\n\t(1)\tA registered fish processor must comply with the following provisions in respect of tuna purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the tuna as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department or AFMA in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that tuna purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n15—Requirements relating to processing of rock lobster\n\t(1)\tA registered fish processor must comply with the following provisions in respect of rock lobster purchased or obtained by, or consigned or delivered to, the fish processor—\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the rock lobster as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that rock lobster purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n15A—Requirements relating to processing of King George whiting\n\t(1)\tA registered fish processor must comply with the following provisions in respect of King George whiting purchased or obtained by, or consigned or delivered to, the fish processor:\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the King George whiting as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that King George whiting purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n15B—Requirements relating to processing of snapper\n\t(1)\tA registered fish processor must comply with the following provisions in respect of snapper purchased or obtained by, or consigned or delivered to, the fish processor:\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the snapper as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that snapper purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n15C—Requirements relating to processing of southern calamari\n\t(1)\tA registered fish processor must comply with the following provisions in respect of southern calamari purchased or obtained by, or consigned or delivered to, the fish processor:\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the southern calamari as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that southern calamari purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n15D—Requirements relating to processing of southern garfish\n\t(1)\tA registered fish processor must comply with the following provisions in respect of southern garfish purchased or obtained by, or consigned or delivered to, the fish processor:\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in respect of the southern garfish as determined by the Minister;\n\t(b)\tthe registered fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister;\n\t(c)\tthe fish processor must ensure that southern garfish purchased or obtained by, or consigned or delivered to, the fish processor are—\n\t(i)\taccompanied by such information; and\n\t(ii)\tweighed, stored, placed in containers, sealed, tagged, and sold, transported, delivered, consigned or otherwise disposed of or dealt with, at such places and at such times,\nin accordance with the requirements (if any) as determined by the Minister.\n\t(2)\tIf a determination of the Minister made for the purposes of subregulation (1) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tThe fish processor must keep records made under subregulation (1) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n16—Periodic returns\n\t(1)\tA registered fish processor must provide the Department with such returns in the manner and form, at such times and containing such information, as determined by the Minister.\n\t(2)\tA registered fish processor must keep a record of each return that the processor provides to the Department under this regulation in such manner, and for such period, as determined by the Minister.\n\t(3)\tThe holder of a fishery authority or aquaculture licence is only required to comply with this regulation in relation to aquatic resources sold or delivered to an unregistered fish processor.\n\t(4)\tA person who contravenes or fails to comply with this regulation is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n17—Records to be kept\n\t(1)\tA fish processor must comply with the following provisions in relation to each of the premises, places, boats or vehicles used by the fish processor for, or in connection with, the processing, storage, transport of, or other dealing with, aquatic resources:\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in connection with the purchasing or obtaining, processing, storage or transport of, or dealing with, aquatic resources as determined by the Minister;\n\t(b)\tthe fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister.\n\t(2)\tA fish processor must comply with the following provisions in relation to each consignment or batch of aquatic resources received for storage, processing or transport, or other dealing with:\n\t(a)\tthe fish processor must, in the manner and form, at such places and at such times, as determined by the Minister, record such information in connection with the receipt of the aquatic resources as determined by the Minister;\n\t(b)\tthe fish processor must provide the information recorded under paragraph (a) to the Department in the manner and form, and at such times, as determined by the Minister.\n\t(3)\tIf a determination of the Minister made for the purposes of subregulation (1) or (2) is not complied with, the fish processor is guilty of an offence.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(4)\tA fish processor must keep records made under subregulation (1) or (2) in the manner, at such place, and for such period, as determined by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(5)\tThe holder of a fishery authority or aquaculture licence is not required to comply with this regulation in relation to aquatic resources taken or farmed under the fishery authority or aquaculture licence.\n18—Provision relating to keeping of documents\nA registered fish processor required by these regulations to keep a document for a period of time must ensure that the document—\n\t(a)\tis maintained in a good condition and is legible; and\n\t(b)\tis kept in a readily accessible place; and\n\t(c)\tis produced for inspection by a fisheries officer on request.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n19—Minister's determinations\n\t(1)\tThe Minister may make a determination for the purposes of a regulation.\n\t(2)\tA determination may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply.\n\t(3)\tIf the Minister makes a determination, notice of the determination—\n\t(a)\tmust be published on the Department's website; and\n\t(b)\tmay also be published in the Gazette.\n\t(4)\tAs soon as practicable after a determination of the Minister is made, a notice in writing setting out the date on which notice of the determination is published and the terms of the determination must be given to the persons bound by the determination in a manner and form that, in the opinion of the Minister, will bring the determination to the attention of those persons.\n\t(5)\tThe Minister may, by further determination, vary or revoke a determination made for the purposes of a regulation.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Fisheries Management (Fish Processors) Regulations 2017 revoked the following:\nFisheries Management (Fish Processors) Regulations 2007\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2017\n225\nGazette 8.8.2017 p3264 \n15.1.2018: r 2\n2021\n93\nGazette 24.6.2021 p2370\n1.7.2021: r 2\nProvisions varied\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nr 2\nomitted under Legislation Revision and Publication Regulations 2002\n1.7.2021\nr 3\n\n\nKing George whiting\ninserted by 93/2021 r 4(1)\n1.7.2021\nsnapper\ninserted by 93/2021 r 4(2)\n1.7.2021\nsouthern calamari\ninserted by 93/2021 r 4(2)\n1.7.2021\nsouthern garfish\ninserted by 93/2021 r 4(2)\n1.7.2021\nrr 15A—15D\ninserted by 93/2021 r 5\n1.7.2021\nSch 1\nomitted under Legislation Revision and Publication Regulations 2002\n1.7.2021\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation was expanded in 2021 to add four additional species (King George whiting, snapper, southern calamari and southern garfish — regs 15A–15D). That amendment broadened the set of species subject to the record, handling and data‑reporting regime, increasing compliance obligations for processors who handle those species. Otherwise the instrument retains its original structure (registration, checks for undersize fish, record-keeping and Ministerial determination powers)."},"complexity_factors":["About 17 defined terms in the Interpretation (reg 3) creating fixed species definitions and cross‑references (e.g. undersize fish).","Many repeated, near-identical species-specific provisions (regs 8–15D) — 12+ separate species sections each duplicating record/provision/handling obligations.","Multiple cross-references to the Fisheries Management Act 2007 and other regulations (e.g. undersize fish defined elsewhere, AFMA rules for tuna).","Heavy reliance on Ministerial determinations (reg 19) to set forms, times, places and information — functional complexity arises from external instrument content not in the text.","Numerous procedural obligations with nested steps (record → provide → ensure consignments accompanied → keep records) across different regs (7, 8–17).","Various exceptions and partial exemptions (reg 4, regs 16(3), 17(5)) creating conditional coverage rules.","Repeated penalty and expiation provisions (same maximum penalty $2,500, common expiation fee $210) applied across many offences — enforcement complexity is moderate.","Registration amendment procedure for additional premises/vehicles involves prescribed forms, instructions and fees (reg 6), adding administrative steps. "],"plain_english_summary":"**What this regulation does (mechanically)**\n\n- Sets rules for people who process, store, transport or otherwise deal with aquatic resources in South Australia and who are (or must be) registered as fish processors under the Fisheries Management Act 2007. (See regs 3, 6, 7–19.)\n\n- Lists who does not have to register as a fish processor (two narrow classes: intermediaries who never take physical possession of the product; and sellers operating under a specific broodstock/seedstock permit). (Reg 4.)\n\n- Gives the Minister power to refuse registration if registration would create a risk of harm (including disease) to aquatic resources or the local ecological environment. (Reg 5.)\n\n- Requires registered processors to notify and have additional premises, boats or vehicles added to their registration before using them for processing, storage or transport, following a Minister-approved form and fee. (Reg 6.)\n\n- Imposes an immediate operational duty on registered processors to check incoming consignments for undersize fish, to render undersize fish unfit for sale, and creates a statutory rebuttable presumption against processors in prosecutions if undersize fish are found in their possession. Penalty: up to $2,500. (Reg 7.)\n\n- For a list of named species (abalone, vongole, pipi, blue crab, giant crab, sardine, tuna, rock lobster, King George whiting, snapper, southern calamari, southern garfish—see regs 8–15D), imposes the same three-tiered obligations on processors that handle those species:\n  - Record specified information in the manner, form, places and times the Minister determines;\n  - Provide those records to the Department (and for tuna, to AFMA as well) as determined by the Minister;\n  - Ensure consignments are accompanied by the required information and handled (weighed, stored, sealed, tagged, transported, sold or otherwise dealt with) in the way the Minister determines.\n  Failure to follow a Ministerial determination attracts an offence penalty (up to $2,500) and many of these offences carry an expiation fee ($210). (Regs 8–15D.)\n\n- Requires periodic returns to the Department in a form, manner and timing determined by the Minister; the holder of a fishery authority or aquaculture licence only needs to comply for aquatic resources sold or delivered to an unregistered processor. (Reg 16.)\n\n- Sets out general record-keeping obligations for all premises, places, boats or vehicles used in processing, and for each consignment or batch received. Those records must be kept as the Minister determines and produced on request. (Regs 17–18.)\n\n- Gives the Minister broad, flexible powers to make determinations to implement these obligations, to publish those determinations on the Department website (and optionally in the Gazette), and to vary or revoke them. The Minister must notify affected persons in a way the Minister considers will bring the determination to their attention. (Reg 19.)\n\n**Who this affects**\n\n- Registered fish processors operating in South Australia: they carry the primary legal duties (registration updates, checks for undersize fish, species-specific recording and handling rules, periodic returns, record retention and production). (Regs 6–18.)\n\n- People who would otherwise sell aquatic resources but never take physical possession are expressly excluded from registration requirements. (Reg 4.)\n\n- Holders of fishery authorities or aquaculture licences are partly exempt from some processor record duties in relation to resources taken or farmed under their licences. (Regs 16(3), 17(5).)\n\n- The Department and (for tuna) AFMA are recipients of required data; the Minister (and Department) administer and enforce the rules. (Regs 14(1)(b), 19.)\n\n**Why it matters (practical effects and incentives)**\n\n- Compliance and administrative burden: processors must maintain contemporaneous records, provide periodic returns, and follow potentially detailed Ministerial directions about weighing, tagging, sealing and transport. These are direct compliance costs (staff time, systems, possible tagging materials), with larger relative impact on smaller processors. (Regs 8–17, 19.)\n\n- Operational change: processors must inspect consignments for undersize fish and immediately render undersize fish unsalable — this alters handling workflows and may create disposal costs. A rebuttable presumption in prosecutions increases enforcement risk. (Reg 7.)\n\n- Discretion and variability: many obligations are implemented by Ministerial determination (form, manner, times, places, information required). That gives the regulator flexibility to set technical requirements (which can be updated without changing the regulations) but also creates administrative uncertainty for processors while determinations are changed or varied. (Reg 19; see also species regs 8–15D.)\n\n- Data flows and enforcement: processors are required to provide information to the Department (and AFMA for tuna). That creates a government data collection stream that can be used for compliance, biosecurity and resource monitoring; it also imposes record-transfer costs on processors. (Regs 8–15D, 14.)\n\n- Effect on market interactions and contracts: mandatory requirements that consignments be accompanied by specified information, and that product be weighed, sealed or tagged as directed, can limit informal or ad hoc trading practices and require contractual adjustments (who supplies tags, who pays for weighing, timing of deliveries). (Regs 8–15D, 17.)\n\n- Targeted scope: the regulation specifies species-by-species rules rather than a single undifferentiated regime, so processors dealing in the named species face explicit obligations; processors dealing only in excluded categories (e.g. intermediaries who never take possession) are outside the regime. (Regs 3 interpretation, 4, 8–15D.)\n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: registered processors (and de facto their suppliers/customers through changed contract terms) pay for record-keeping, data transfers, tagging, weighing and disposal of undersize fish. There is also an application fee for adding premises/vehicles to registration. (Regs 6, 7, 8–17.)\n\n- Who decides: the Minister decides the detailed requirements and may publish and vary those requirements by determination; the Department implements and enforces the rules; AFMA receives tuna-related data. The Minister also has discretion to refuse registration on biosecurity/environmental risk grounds. (Regs 5, 14, 19.)\n\n- Behaviour changes: processors must inspect consignments, maintain and supply records and returns, ensure consignments carry required documentation and are handled as specified, register any new premises/vehicles, and dispose of undersize fish. These change handling, storage and trading practices. (Regs 6–18.)\n\n**Costs, trade-offs and implementation risks to note (mechanisms, not policy labels)**\n\n- Compliance burden concentrated on processors (especially small operators) through repeated, species-specific record and handling rules (Regs 8–15D, 17).\n\n- Ministerial determination approach reduces the need for frequent legislative amendments but concentrates technical rule‑making power in the executive; compliance obligations can change by determination, creating adjustment costs and potential uncertainty for businesses (Reg 19).\n\n- Enforcement is operationalised by low-to-moderate pecuniary penalties (typically up to $2,500) and modest expiation fees ($210), which set the scale of deterrence and administrative penalty recovery (Regs 7, 8–17, 18). The practical deterrent effect depends on inspection frequency and enforcement resourcing.\n\n- Data collection obligations can improve traceability and health monitoring (and feed regulatory decisions) but require departmental capacity to process and act on the information; if capacity is limited, the regulatory burden may be disproportionate to enforcement outcomes. (Regs 8–16, 19.)\n\n- The regulation narrows its registration exemptions to two specified classes (Reg 4), so intermediaries who previously benefited from informal practices now face either continued exemption (if they never take physical possession) or compliance costs if they do take possession.\n\n**Source testing of stated purpose**\n\n- The explicit statutory trigger for refusal of registration is environmental/biosecurity risk (Reg 5). The regime’s record-keeping, tagging and weighing requirements (implemented by Ministerial determination) are the concrete mechanisms by which those risks are monitored or mitigated (Regs 8–15D, 17, 19).\n\n- The trade-off is administrative compliance costs for processors in exchange for enhanced data, traceability and a mechanism for the Minister to manage disease or ecological risk without frequent primary law changes (Regs 8–15D, 19)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from the original intent — the full text of the regulations was not accessible due to a broken or outdated URL following a website migration on the South Australian legislation website."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual content of the regulations","Score of 1 reflects the absence of analysable material, not the inherent simplicity of the law itself"],"plain_english_summary":"The Fisheries Management (Fish Processors) Regulations 2017 (SA) are subordinate rules—made under the Fisheries Management Act—that govern commercial handling and processing of fish and seafood in South Australia.  \n\nThey primarily affect commercial fish processors, licence-holders who process their own catch, and regulators (PIRSA), and typically set out requirements like licensing, hygiene and handling standards, record‑keeping, and reporting obligations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2017 regulations covered 8 species (abalone, vongole, pipi, blue crab, giant crab, sardines, tuna, rock lobster). The 2021 amendments (regs 15A-15D) added 4 more species (King George whiting, snapper, southern calamari, southern garfish), expanding the regulatory burden by 50% without any structural changes to the scheme. This suggests the framework is being used as a catch-all for any species requiring enhanced monitoring, potentially beyond the original intent of managing high-value or vulnerable fisheries."},"complexity_factors":["Highly repetitive structure — regulations 8 through 15D are virtually identical templates with only the species name changed, creating unnecessary length","14 defined terms in the interpretation section, including 7 scientific species names and multiple cross-references to other regulations","Heavy delegation to Minister's determinations — most operational details (forms, time periods, specific record formats) are not in the regulations but left to future administrative decisions","Reverse onus of proof in regulation 7(3) — creates a legal presumption that processors who possess undersize fish failed to check for them, requiring the processor to prove otherwise","Multiple penalty structures with both maximum penalties ($2,500) and expiation fees ($210) for most offences","Cross-references to at least 4 other sets of regulations (Blue Crab Fishery, General Regulations, Broodstock and Seedstock, and the parent Act)"],"plain_english_summary":"This legislation sets out the rules for **fish processors** in South Australia — businesses or individuals who buy, handle, store, transport or sell seafood caught by commercial fishers.\n\n**Who it affects:**\n- **Registered fish processors** — anyone who processes, stores or deals with aquatic resources (fish, shellfish, etc.) commercially\n- **Commercial fishers** who sell their catch to processors\n- **Exemptions:** People who buy and sell seafood without ever physically handling it (like brokers), and those selling certain broodstock/seedstock under specific permits\n\n**What it does:**\n- **Registration requirements:** Sets out when the Minister can refuse someone a fish processor registration — mainly if there's a risk of disease or environmental harm\n- **Expanding operations:** Requires processors to apply for approval before using new premises, boats or vehicles for handling seafood\n- **Checking for undersize fish:** Forces processors to inspect incoming seafood for fish that are too small to legally catch, and to destroy any found (with fines up to $2,500 for non-compliance)\n- **Species-specific rules:** Creates detailed record-keeping and handling requirements for 12 specific types of seafood: abalone, vongole, pipi, blue crab, giant crab, sardines, tuna, rock lobster, King George whiting, snapper, southern calamari, and southern garfish\n- **General record-keeping:** Requires processors to keep detailed records of all seafood purchases, processing, storage and transport, and submit periodic returns to the Department\n- **Document standards:** Requires records to be legible, accessible, and available for inspection by fisheries officers\n\n**Why it matters:**\nThis is essentially a **traceability and compliance system**. It ensures seafood can be tracked from boat to buyer, prevents illegal undersize fish from entering the market, and allows the government to monitor fish stocks and enforce sustainable fishing practices. The heavy reliance on \"Minister's determinations\" means much of the detailed operational requirements aren't in the regulations themselves — they're set by the Minister later and published online."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-fish-processors-regulations-2017","history":"/api/acts/fisheries-management-fish-processors-regulations-2017/history","analysis":"/api/acts/fisheries-management-fish-processors-regulations-2017/analysis","conflicts":"/api/acts/fisheries-management-fish-processors-regulations-2017/conflicts","importantCases":"/api/acts/fisheries-management-fish-processors-regulations-2017/important-cases","documents":"/api/acts/fisheries-management-fish-processors-regulations-2017/documents"}}