452Exemptions from documentation requirements in the Act relating to the sale of fish

452 Exemptions from documentation requirements in the Act relating to the sale of fish

(1) A person who sells fish for immediate consumption in a restaurant or cafe is exempt from section 120AA of the Act with respect to that fish.

(2) A person is exempt from section 120AA of the Act with respect to the sale of fish if—

(a) the fish are not a priority species; and

(b) the fish are not sold for the purposes of—

(i) resale; or

(ii) processing for reward; or

(iii) transportation for reward; or

(iv) storage for reward.

(3) The exemption in subregulation (2) does not apply to the holder of an access licence or permit or a person engaged to carry out an activity authorised by an access licence or permit who sells fish taken under the access licence or permit.

(4) The holder of an abalone fishery access licence or a person acting on behalf of the holder that sells or consigns abalone taken under that licence to the holder of a Fish Receiver (Abalone) Licence is exempt from section 120AA of the Act with respect to that abalone.

1 Under section 4(9) of the Act, a person who is exempted from any provision or requirement under the Act is to be treated as if the person were authorised to do or not to do the thing from which they are exempted from doing or not doing.

2 The holder of an abalone fishery access licence that sells or consigns abalone to the holder of a Fish Receiver (Abalone) Licence is required to provide details of the sale or consignment to the Victorian Fisheries Authority under regulation 320.