457Exemptions relating to selling, receiving, processing or possessing a priority species in a commercial quantity

457 Exemptions relating to selling, receiving, processing or possessing a priority species in a commercial quantity

(1) A person is exempt from section 111A of the Act in respect of the sale or receipt of a commercial quantity of a priority species by the person if—

(b) the fish, when received, were accompanied by a catch disposal record, fish receipt or fish movement record in respect of that fish; and

(c) the person keeps a copy of that catch disposal record, fish receipt or fish movement record at the place where the fish are received or possessed; and

(2) The requirements under subregulation (1)(b) and (c) in relation to a fish receipt do not apply to a person if the person from whom the fish was obtained is exempt under regulation 452 from the requirement to issue a fish receipt for the sale of the fish.

(3) A person is exempt from section 111A of the Act in respect of processing a commercial quantity of a priority species if—

(b) the fish, when received, were accompanied by a catch disposal record, fish receipt or fish movement record in respect of that fish; and

(c) the person keeps a copy of that catch disposal record, fish receipt or fish movement record at the place where the fish are received or possessed.

(4) A person is exempt from section 111A of the Act in respect of receiving a commercial quantity of abalone and is exempt from section 111C of the Act in respect of possessing a commercial quantity of abalone if—

(a) the abalone were legally obtained; and

(b) the person received the abalone for the purpose of transporting the abalone from the holder of an abalone fishery access licence who took the abalone under that licence and the abalone is contained in bins that are each sealed in accordance with regulation 317.

(5) A person is exempt from section 111C of the Act in respect of possessing a commercial quantity of a priority species if—

(b) the fish, when received, were accompanied by a catch disposal record, fish receipt or fish movement record in respect of that fish; and

(c) the person keeps a copy of that catch disposal record, fish receipt or fish movement record at the place where the fish are received or possessed; and

(6) The requirements under subregulation (5)(b) and (c) in relation to a fish receipt do not apply to a person if the person from whom the fish was obtained is exempt under regulation 452 from the requirement to issue a fish receipt for the sale of the fish.

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.