sec.118Information requirements

### sec.118 Information requirements A regulation or declaration, a condition of an authority, or the chief executive by written notice, may require (an information requirement ) a person to— obtain and keep for stated periods, in the approved form, stated documents or information (the required information ) about a fisheries matter; or give the chief executive or another stated person documents or information mentioned in paragraph (a) (also the required information ), in writing or in another stated way, or at stated intervals or times. if the person of whom the requirement is made is a buyer of fisheries resources, the person who sold them to the buyer by a telephonic automated interactive voice response system by the approved vessel tracking equipment for a boat by recording the information on the department’s website by using an electronic logbook provided by the chief executive However, an information requirement may apply to or be made of a person only if the required information relates to the person, or could reasonably be expected to relate to the person. To remove any doubt, it is declared that, subject to subsection (2) , subsection (1) is capable of applying to a person whether or not the person performs activities by way of fishing or other activities. A person to whom an information requirement applies, or of whom an information requirement has been made, must comply with the requirement unless, in the circumstances, the person could not reasonably have been expected to have, or to be able to obtain, the required information. Maximum penalty— 1,000 penalty units if— the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or otherwise—500 penalty units. In a proceeding for an offence against subsection (4) , it is not necessary for the prosecution to prove that a person failed to comply with the information requirement at a particular time if it is proved that— the documents or information kept by the person for a particular period are incomplete in a material particular; and the incompleteness has, or can only have, resulted from the contravention of the information requirement during that period. In this section— fisheries matter means— aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or trade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or the effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources. s 118 amd 2000 No. 26 s 13 sch 2 sub 2002 No. 49 s 18 amd 2003 No. 82 s 35 sub 2006 No. 28 s 38 amd 2019 No. 6 s 59 ; 2024 No. 17 s 192 s ch 1 pt 1 (sec.118-ssec.1) A regulation or declaration, a condition of an authority, or the chief executive by written notice, may require (an information requirement ) a person to— obtain and keep for stated periods, in the approved form, stated documents or information (the required information ) about a fisheries matter; or give the chief executive or another stated person documents or information mentioned in paragraph (a) (also the required information ), in writing or in another stated way, or at stated intervals or times. if the person of whom the requirement is made is a buyer of fisheries resources, the person who sold them to the buyer by a telephonic automated interactive voice response system by the approved vessel tracking equipment for a boat by recording the information on the department’s website by using an electronic logbook provided by the chief executive (sec.118-ssec.2) However, an information requirement may apply to or be made of a person only if the required information relates to the person, or could reasonably be expected to relate to the person. (sec.118-ssec.3) To remove any doubt, it is declared that, subject to subsection (2) , subsection (1) is capable of applying to a person whether or not the person performs activities by way of fishing or other activities. (sec.118-ssec.4) A person to whom an information requirement applies, or of whom an information requirement has been made, must comply with the requirement unless, in the circumstances, the person could not reasonably have been expected to have, or to be able to obtain, the required information. Maximum penalty— 1,000 penalty units if— the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or otherwise—500 penalty units. (sec.118-ssec.5) In a proceeding for an offence against subsection (4) , it is not necessary for the prosecution to prove that a person failed to comply with the information requirement at a particular time if it is proved that— the documents or information kept by the person for a particular period are incomplete in a material particular; and the incompleteness has, or can only have, resulted from the contravention of the information requirement during that period. (sec.118-ssec.6) In this section— fisheries matter means— aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or trade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or the effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources. - (a) obtain and keep for stated periods, in the approved form, stated documents or information (the required information ) about a fisheries matter; or - (b) give the chief executive or another stated person documents or information mentioned in paragraph (a) (also the required information ), in writing or in another stated way, or at stated intervals or times. Example of another stated person— if the person of whom the requirement is made is a buyer of fisheries resources, the person who sold them to the buyer Examples of another stated way— • by a telephonic automated interactive voice response system • by the approved vessel tracking equipment for a boat • by recording the information on the department’s website • by using an electronic logbook provided by the chief executive - • by a telephonic automated interactive voice response system - • by the approved vessel tracking equipment for a boat - • by recording the information on the department’s website - • by using an electronic logbook provided by the chief executive - • by a telephonic automated interactive voice response system - • by the approved vessel tracking equipment for a boat - • by recording the information on the department’s website - • by using an electronic logbook provided by the chief executive - (a) 1,000 penalty units if— (i) the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or (ii) the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or - (i) the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or - (ii) the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or - (b) otherwise—500 penalty units. - (i) the required information is a docket or other document about the buying or selling of fisheries resources in trade or commerce; or - (ii) the person carries on a business that includes the processing of abalone and the required information relates to the business or the processing; or - (a) the documents or information kept by the person for a particular period are incomplete in a material particular; and - (b) the incompleteness has, or can only have, resulted from the contravention of the information requirement during that period. - (a) aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or - (b) trade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or - (c) the effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources.