393Persons to whom the catch limits in regulation 392 do not apply

393 Persons to whom the catch limits in regulation 392 do not apply

(1) Regulation 392 does not apply to a person who takes or possesses scallop in a quantity in excess of the catch limit specified in that regulation if—

(i) is the holder of, or is acting on behalf of the holder of, a Scallop (Ocean) Fishery Access Licence or a Scallop Dive (Port Phillip Bay) Fishery Access Licence; and

(ii) takes or possesses scallop 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, an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of scallop; and

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

(c) the person—

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

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

(2) Regulation 392 does not apply to a person who possesses scallop in excess of the catch limit specified in that regulation if the person—

(a) received the scallop from a person referred to in subregulation (1); and

Division 2—Activities authorised by Scallop (Ocean) Fishery Access Licences