123Records to be made by sellers

#### 123 Records to be made by sellers 123 Records to be made by sellers > > (1) A person who sells any fish must make and deliver to the purchaser, on or before the sale, a record concerning the sale by the person of the fish in accordance with the regulations. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 200 penalty units for a first offence, or > > > > > > > (ii) 400 penalty units for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 1,000 penalty units for a first offence, or > > > > > > > (ii) 2,000 penalty units for a second or subsequent offence. > > > (2) A person who sells any fish (the seller) must— > > > > > (a) make, before the sale, or > > > > > (b) obtain, on or before the sale, from any other person from whom the person acquired the fish, > > > > a record concerning the seller’s acquisition of the fish in accordance with the regulations. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 200 penalty units for a first offence, or > > > > > > > (ii) 400 penalty units for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 1,000 penalty units for a first offence, or > > > > > > > (ii) 2,000 penalty units for a second or subsequent offence. > > > (3) A person who is required to make or obtain a record under this section must— > > > > > (a) retain a copy of the record for not less than 5 years after the fish are sold by the person, and > > > > > (b) during that 5-year period, produce the copy of the record when requested to do so by a fisheries officer. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 200 penalty units for a first offence, or > > > > > > > (ii) 400 penalty units for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 1,000 penalty units for a first offence, or > > > > > > > (ii) 2,000 penalty units for a second or subsequent offence. > > > (4) An offence under this section applies whether or not the fish were sold to a purchaser within the State. > > > (5) This section does not apply in respect of oysters. > > > (6) The regulations may provide that this section does not apply in respect of the sale of fish— > > > > > (a) if the fish are sold in circumstances specified in the regulations, or > > > > > (b) if the quantity of fish sold does not exceed a quantity specified by the regulations in respect of the fish or class of fish concerned, or > > > > > (c) in any other circumstances prescribed by the regulations. > > > (7) A record required to be made under this section is to be made in such form and manner as is prescribed by the regulations or (subject to the regulations) approved by the Minister. > > > (8) A requirement to deliver, obtain or retain a record under this section is satisfied if the record is delivered, obtained or retained in accordance with the regulations or (subject to the regulations) the approval of the Minister. > > **s 123:** Am 1997 No 153, Sch 5 \[13\]–\[19\]. Subst 2009 No 114, Sch 1 \[62\]. Am 2015 No 59, Sch 1 \[69\].