{"id":"sr:seafood-safety-regulations-2024","name":"Seafood Safety Regulations 2024","slug":"seafood-safety-regulations-2024","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183942,"registerId":"vic-sr:seafood-safety-regulations-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Seafood Safety Regulations 2024","content":"Version No. 001\n\n**Seafood Safety Regulations 2024**\n\n**S.R. No. 87/2024**\n\nVersion as at  \n22 September 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definition 1\n\n6 Exemption relating to yabbies 1\n\n7 Exemption relating to abalone 2\n\n8 Exemption relating to rock lobster 3\n\n═════════════\n\nEndnotes 4\n\n1 General information 4\n\n2 Table of Amendments 6\n\n3 Explanatory details 7\n\n**Version No.** **001**\n\n**Seafood Safety Regulations 2024**\n\n**S.R. No. 87/2024**\n\nVersion as at  \n22 September 2024\n\n\t1 Objective\n\nThe objective of these Regulations is to exempt persons conducting certain seafood business activities from being required to obtain a seafood licence under Part 3 of the **Seafood Safety Act 2003**.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 8(3) and 61 of the **Seafood Safety Act 2003**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 22 September 2024.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Seafood Safety Regulations 2014[[1]](#endnote-1);\n\n(b) the Seafood Safety Amendment Regulations 2018[[2]](#endnote-2).\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Seafood Safety Act 2003**.\n\n\t6 Exemption relating to yabbies\n\n(1) A person who conducts a seafood business in relation to live yabbies, which involves the activities set out in subregulation (2), is exempt from the operation of Part 3 of the Act if the person carries out those activities in accordance with a licence or permit under the **Fisheries Act 1995**.\n\n(2) For the purposes of subregulation (1), the activities are—\n\n(a) aquaculture of yabbies; and\n\n(b) harvesting yabbies; and\n\n(c) collecting yabbies; and\n\n(d) maintaining live yabbies for later processing; and\n\n(e)  packaging, storing and transporting live yabbies—\n\n(i) for later processing; or\n\n(ii) for retail sale at the place of aquaculture production of the yabbies.\n\n\t7 Exemption relating to abalone\n\n(1) A person who conducts a seafood business in relation to abalone, which involves the activities set out in subregulation (2), is exempt from the operation of Part 3 of the Act if the person carries out those activities in accordance with an access licence under the **Fisheries Act 1995**.\n\n(2) For the purposes of subregulation (1), the activities are—\n\n(a) harvesting abalone; and\n\n(b) collecting abalone; and\n\n(c) maintaining live abalone for later processing; and\n\n(d) packaging, storing and transporting live abalone for later processing.\n\n\t8 Exemption relating to rock lobster\n\n(1) A person who conducts a seafood business in relation to rock lobster, which involves the activities set out in subregulation (2), is exempt from the operation of Part 3 of the Act if the person carries out those activities in accordance with an access licence under the **Fisheries Act 1995**.\n\n(2) For the purposes of subregulation (1), the activities are—\n\n(a) harvesting rock lobster; and\n\n(b) collecting rock lobster; and\n\n(c) maintaining live rock lobster for later processing; and\n\n(d) packaging, storing and transporting live rock lobster for later processing.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Seafood Safety Regulations 2024, S.R. No. 87/2024 were made on 17 September 2024 by the Governor in Council under sections 8(3) and 61 of the **Seafood Safety Act 2003**, No. 24/2003 and came into operation on 22 September 2024: regulation 3.\n\nThe Seafood Safety Regulations 2024 will sunset 10 years after the day of making on 17 September 2034 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Seafood Safety Regulations 2024 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 136/2014 as amended by S.R. No. 51/2018. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 51/2018. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The Regulations revoke the Seafood Safety Regulations 2014 and its 2018 amendment (reg 4) and re-state targeted exemptions tied explicitly to licences under the Fisheries Act 1995 (regs 6–8). They therefore change the statutory instrument in force and restate the conditions for exemption by specifying licence types and a closed list of covered activities; this alters the form and could alter practical scope of exemptions compared with the revoked instruments."},"complexity_factors":["Cross-reference to another regulatory regime: exemptions only apply where activities are carried out in accordance with licences or permits under the Fisheries Act 1995 (regs 6(1), 7(1), 8(1)) — requires inter-agency verification.","Detailed activity lists: each exemption specifies a closed list of activities (harvest, collect, maintain live stock, package, store, transport) that must be satisfied for the exemption to apply (regs 6(2), 7(2), 8(2)).","Different licence types: yabbies require a licence or permit under the Fisheries Act, while abalone and rock lobster require an access licence — legal distinction increases compliance nuance (regs 6(1), 7(1), 8(1)).","Replacement of prior instruments: these Regulations revoke the 2014 and 2018 Regulations (reg 4), so businesses and regulators must map old arrangements to the new text.","Limited scope and clear conditions: the instrument is short and prescriptive, which reduces interpretive complexity but raises practical compliance checks.","Statutory timing: commencement and sunset mechanics are present (reg 3 and Endnotes re: 10-year sunset), affecting planning horizons."],"plain_english_summary":"These Regulations exempt people who handle live yabbies, abalone or rock lobster from needing a seafood licence under the Seafood Safety Act, provided they hold the corresponding Fisheries Act licence or access licence and carry out specified activities (harvesting, collecting, maintaining live stock, packaging, storing, transporting) (regs 6–8). Mechanically, this shifts regulatory compliance and verification from the seafood-licence regime to Fisheries Act licensing; businesses bear Fisheries licensing costs and fisheries authorities decide eligibility. The Regulations revoke earlier 2014/2018 instruments (reg 4)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose of creating targeted licensing exemptions. The 2024 version replaces the 2014 regulations without expanding the scope — it continues to cover the same three seafood categories (yabbies, abalone, rock lobster) with substantially similar exemption conditions. The structure and intent remain consistent with the original regulatory scheme."},"complexity_factors":["Only 8 regulations total, with 3 substantive exemption provisions (regs 6-8)","Single defined term ('the Act') in regulation 5","Straightforward conditional structure: exemption applies IF person holds fisheries licence AND conducts specified activities","No nested exceptions or complex cross-referencing beyond the two parent Acts (Seafood Safety Act 2003 and Fisheries Act 1995)","Minimal legislative machinery — standard commencement, revocation, and objective clauses","No penalty provisions, enforcement mechanisms, or dispute resolution procedures in this instrument"],"plain_english_summary":"These regulations create **exemptions from seafood licensing requirements** for three specific types of seafood: **yabbies, abalone, and rock lobster**.\n\n**What this means:**\nNormally, anyone running a seafood business in Victoria needs a licence under the *Seafood Safety Act 2003* (Part 3). These regulations say that if you're dealing with yabbies, abalone, or rock lobster, you **don't need that separate seafood licence** — provided you already hold the appropriate fishing licence under the *Fisheries Act 1995*.\n\n**Who benefits:**\n- **Yabby farmers and harvesters** — exempt if they have a fisheries licence or permit\n- **Abalone divers/collectors** — exempt if they have an access licence\n- **Rock lobster fishers** — exempt if they have an access licence\n\n**What activities are covered:**\nThe exemption applies to:\n- Harvesting and collecting the seafood\n- Keeping it alive for later processing\n- Packaging, storing, and transporting it live (either for processing or, in the case of yabbies, for retail sale at the farm gate)\n\n**Why this matters:**\nThis avoids **double-licensing** — fishers who already hold fisheries permits don't need to apply for an additional seafood safety licence for these specific activities. It reduces red tape for small-scale seafood operators while maintaining oversight through the fisheries licensing system.\n\n**What changed:**\nThese regulations replace the 2014 regulations (and a 2018 amendment), updating the exemption framework. They will automatically expire after 10 years (in 2034) unless remade."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to assess whether the scope of these regulations changed from any original intent. The document contains only administrative metadata (version history, statutory rule number, in-force status) with no substantive provisions to analyse."},"complexity_factors":["The document as provided contains virtually no substantive regulatory content — only metadata and version history","No operative provisions, definitions, obligations or penalties are visible for analysis","Cannot assess true complexity without the actual regulatory text","The score of 2 reflects the simplicity of what was actually provided, not necessarily the underlying regulations themselves"],"plain_english_summary":"These are 2024 delegated regulations titled \"Seafood Safety Regulations\" (Statutory Rule 87/2024) that set out rules governing seafood safety in Australia. They affect seafood producers, processors, retailers, inspectors and ultimately consumers by prescribing legal standards for handling and sale.\n\nHowever, the provided document contains only metadata and a consolidated status; the actual regulatory text and specific obligations are not included, so precise impacts cannot be assessed."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"}},"importantCases":[],"_links":{"self":"/api/acts/seafood-safety-regulations-2024","history":"/api/acts/seafood-safety-regulations-2024/history","analysis":"/api/acts/seafood-safety-regulations-2024/analysis","conflicts":"/api/acts/seafood-safety-regulations-2024/conflicts","importantCases":"/api/acts/seafood-safety-regulations-2024/important-cases","documents":"/api/acts/seafood-safety-regulations-2024/documents"}}