302Persons to whom catch limits in regulation 301 do not apply

302 Persons to whom catch limits in regulation 301 do not apply

(1) Regulation 301 does not apply to a person who takes or possesses abalone of a species specified in that regulation in a quantity in excess of the catch limit for that species of abalone if—

(i) is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of abalone of that species; and

(ii) takes or possesses the abalone in accordance with the licence, the Act and these Regulations; or

(i) is the holder of, or is acting on behalf of the holder of, a general permit authorising the taking or possession of that species of abalone in that quantity; and

(ii) takes or possesses the abalone in accordance with the permit, the Act and these Regulations.

(2) Regulation 301 does not apply to a person who possesses abalone of a species specified in that regulation in a quantity in excess of the catch limit for that species of abalone if the person—

(a) is the holder of, or is acting on behalf of the holder of, a Fish Receiver (Abalone) Licence; and

(b) possesses the abalone in accordance with the licence, the Act and these Regulations.

(3) Regulation 301 does not apply to a person acting in accordance with the Act and these Regulations, who possesses abalone of a species specified in that regulation in a quantity in excess of the catch limit for that species of abalone if the abalone—

(a) was received from a person referred to in subregulation (1) or (2) or any other person; and

(b) was legally obtained; and

(c) was marked or labelled with an abalone label; and

(d) was accompanied by—

(i) a fish receipt created by a person from whom the abalone were received in respect of that abalone at the time of the sale or consignment of that abalone; or

(ii) a fish movement record created in respect of that abalone.

(4) Regulation 301 does not apply to a person acting in accordance with the Act and these Regulations, who possesses abalone of a species specified in that regulation in a quantity in excess of the catch limit for that species of abalone if—

(a) the abalone was received for the purpose of transportation from the holder of an abalone fishery access licence who took the abalone under that licence in accordance with the licence, the Act and these Regulations; and

(b) the abalone is contained in bins sealed in accordance with regulation 317.