61Restrictions on the sale of commercial nets

#### 61 Restrictions on the sale of commercial nets 61 Restrictions on the sale of commercial nets > > (1) A person must not sell a commercial net to another person unless the person is satisfied that the other person— > > > > > (a) is the holder of a commercial fishing licence, or > > > > > (b) is the holder of a permit under this clause. > > > > Maximum penalty—100 penalty units. > > > (2) A person who sells a commercial net to another person must make a record of the sale containing the following information— > > > > > (a) the date of the sale, > > > > > (b) a description of the net sold (including any registration number), > > > > > (c) the licence or permit number of the person to whom the net was sold. > > > > Maximum penalty—100 penalty units. > > > (3) A person who sells a commercial net to another person must retain the record referred to in subclause (2) for 5 years after the net was sold and must, during that 5-year period, produce the record when requested to do so by a fisheries officer. > > > > Maximum penalty—100 penalty units. > > > (4) The Secretary may, on application, issue a permit to a person authorising the person to buy commercial nets. > > > (5) A person who is engaged in the business of selling commercial nets to commercial fishers is entitled to a permit under this clause. > > > (6) For the purpose of this clause— > > > > > (a) a net is a commercial net unless it is a net that may be lawfully used by a person who is not a commercial fisher in all waters or in any particular waters, and > > > > > (b) a reference to a person is a reference to a person within New South Wales.