304Offences regarding shucked abalone

304 Offences regarding shucked abalone

(1) A person, in or on Victorian waters, must not shuck abalone.

(2) A person, in or on Victorian waters, must not possess shucked abalone.

(3) A person who possesses abalone must not shuck the abalone unless—

(a) the abalone is to be immediately cooked at a place other than in or on Victorian waters; or

(b) the abalone has been taken to the person's ordinary place of residence.

(4) Subregulations (1), (2) and (3) do not apply to a person who—

(a) is the holder of, or is acting on behalf of the holder of, an aquaculture licence authorising the shucking of abalone, who shucks abalone in accordance with the licence, the Act and these Regulations; or

(b) is the holder of, or is acting on behalf of the holder of, a general permit authorising the shucking of abalone, who shucks abalone in accordance with the permit, the Act and these Regulations; or

(c) is the holder of, or is acting on behalf of the holder of, an abalone fishery access licence authorising the shucking of abalone, who shucks abalone in accordance with the licence, the Act and these Regulations; or

(d) is the holder of, or is acting on behalf of the holder of, a Fish Receiver (Abalone) Licence, who shucks abalone in accordance with the licence, the Act and these Regulations.

Subregulations (1), (2) and (3) do not apply to the persons referred to in subregulation (4)(a) and (c) because those persons are subject to similar restrictions under regulations 315 and 436.