120AChief executive officer may require details of fish etc. taken or received

120A Chief executive officer may require details of fish etc. taken or received S. 120A(1) amended by No. 68/2016 s. 109(2). (1) The chief executive officer may, by written notice, require a person to give to the chief executive officer, or to some other person or officer specified by the chief executive officer, the following details in writing— (a) whether the person, either as principal or agent, took, produced or consigned fish, protected aquatic biota or noxious aquatic species in any specified period and, if so— (i) the quantity of fish, protected aquatic biota or noxious aquatic species taken, produced or consigned in that period; (ii) the number of people who were engaged or employed in taking, producing or consigning those fish, protected aquatic biota or noxious aquatic species and the number of hours those people were engaged or employed in carrying out those activities; (iii) the name and address of each of those people; (iv) the equipment and methods used to take or produce those fish, protected aquatic biota or noxious aquatic species; (v) the name and address of each person to whom those fish, protected aquatic biota or noxious aquatic species were consigned, transported or delivered; (vi) the address of the premises to which those fish, protected aquatic biota or noxious aquatic species were consigned, transported or delivered; (b) whether the person, either as principal or agent, received fish, protected aquatic biota or noxious aquatic species in any specified period, and, if so— (i) the quantity of those fish, protected aquatic biota or noxious aquatic species received by him or her; and (ii) the name and address of each person who consigned, transported or delivered those fish, protected aquatic biota or noxious aquatic species. S. 120A(2) amended by No. 68/2016 s. 109(3). (2) In imposing a requirement under subsection (1), the chief executive officer— (a) must specify a date by which the requirement must be complied with; and (b) may also require that the person support any details given with a statutory declaration attesting to the truth of the details. S. 120A(3) amended by No. 68/2016 s. 109(3). (3) In specifying a date for the purposes of subsection (2)(a), the chief executive officer must allow a reasonable time for the requirement to be complied with. (4) A person who is given a notice under subsection (1) must comply with the requirements of the notice by the date specified in the notice. S. 120A(5) amended by No. 68/2016 s. 109(4). (5) If a person who fails to comply with a notice under subsection (1) is the holder of a licence or permit under this Act, the Victorian Fisheries Authority may suspend or refuse to renew or transfer the licence or permit until the person— (a) has complied with the requirements of the notice; or S. 120A(5)(b) amended by No. 68/2016 s. 109(4). (b) satisfies the Victorian Fisheries Authority that he or she has taken, or is taking, all reasonable steps to do so. S. 120AA inserted by No. 69/2004 s. 18. 120AA Documents detailing sale of certain fish to be created (1) This section applies to a person who intends to sell fish of a species specified by the regulations for the purposes of this section in a quantity specified by the regulations in respect of that species. (2) The person— (a) must, before selling the fish, create a document concerning the proposed sale in the form required by the regulations that contains the details required by the regulations; and (b) in the case of a sale of the fish by consignment, must ensure that a copy of the document accompanies the consignment; and (c) in the case of any other sale, must ensure that a copy of the document is given to the purchaser at or before the sale; and (d) must keep a copy of the document. Section 120B requires that a document of the sort referred to in this subsection must be kept for at least 3 years after its creation. S. 120AA(3) amended by No. 37/2014 s. 10(Sch. item 65.23). (3) If asked to do so by an authorised officer or a police officer, the person must produce for inspection any document the person has created under this section that is in his or her possession. S. 120AB inserted by No. 69/2004 s. 18. 120AB Documents detailing receipt of certain fish to be obtained (1) This section applies to a person who buys fish of a species specified by the regulations for the purposes of section 120AA in a quantity specified by the regulations for the purposes of this section in respect of that species. (2) The person must ensure that he or she— (a) obtains, on receiving the fish, a copy of the document that the seller of the fish was required to create by section 120AA; and (b) keeps the copy of the document. Section 120B requires that a document of the sort referred to in this subsection must be kept for at least 3 years after its creation. S. 120AB(3) amended by No. 37/2014 s. 10(Sch. item 65.23). (3) If asked to do so by an authorised officer or a police officer, the person must produce for inspection any document the person has obtained under this section that is in his or her possession. S. 120AC inserted by No. 69/2004 s. 18. 120AC Possessor of certain quantities of fish to produce document concerning possession (1) This section applies to a person— (a) who possesses fish of a particular species in a quantity specified by the regulations for the purposes of this section in respect of that species; and (b) who is required by the regulations to have in his or her possession a document specified by the regulations relating to those fish. (2) The person must have the document in his or her possession as required by the regulations. S. 120AC(3) amended by No. 37/2014 s. 10(Sch. item 65.23). (3) If asked to do so by an authorised officer or a police officer, the person must produce for inspection any document the person has in his or her possession in relation to those fish. (4) In the case of a person who is not a person who carries on the business of selling, receiving or processing fish or fish products, it is a defence to a charge under subsection (2) if the person can prove that the fish were in his or her possession otherwise than for the purposes of sale, processing for reward, transportation for reward or storage for reward. S. 120B inserted by No. 69/2004 s. 16, substituted by No. 35/2009 s. 69.