2‑3 Purpose and application of this Divi2‑3 Purpose and application of this Division

2‑3 Purpose and application of this Division

(1) This Division is made for the purposes of section 29 of the Act. (2) This Division applies in relation to prescribed fish and fish products.

Note 1: See Division 1 of this Part in relation to goods that are prescribed fish and fish products.

Note 2: Fish and fish products are taken not to be prescribed goods in the circumstances prescribed by section 2‑2 of this instrument (see the definition of prescribed goods in section 12 of the Act).

(3) However, a provision of this Division (the relevant provision) does not apply in relation to prescribed fish or fish products if: (a) the fish or fish products are to be exported in a circumstance referred to in subsection 52(1) or (3) of the Act; and (b) an exemption from the relevant provision is in force in relation to the fish or fish products under Part 2 of Chapter 2 of the Act. (4) Also, this Division does not apply in relation to the following prescribed fish or fish products: (a) prescribed fish taken from the Torres Strait Protected Zone by traditional fishers unless the fish is taken in the course of commercial fishing under a licence granted under the Torres Strait Fisheries Act 1984; (b) prescribed fish products containing only, or derived from, fish referred to in paragraph (a).