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.