458Exemptions relating to the sale of a priority species

458 Exemptions relating to the sale of a priority species

A person is exempt from section 40(1)(c) of the Act in respect of the sale of fish of a priority species by the person if—

(b) at the time of the sale, the person issues a fish receipt in respect of that fish and keeps a copy of that fish receipt; and

(c) where the fish to be sold are abalone, the person complies with the labelling and packaging requirements in sections 118A and 118B of the Act.

1 Under regulation 333(1), a person who is the holder of a Fish Receiver (Abalone) Licence, an Aquaculture (Crown Land—Abalone) Licence or an Aquaculture (On-shore—Abalone) Licence, or a person who is acting on behalf of one of those licence holders, is exempt from sections 118A and 118B of the Act when acting under the licence. Under regulation 333(2), certain persons are exempt from section 118A of the Act with respect to abalone sold to the holder of a Fish Receiver (Abalone) Licence.

2 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.

Part 16—General exemptions

Division 1—Exemptions from offences in the Act

459 Exemption relating to possession of commercial fishing equipment in general

A person is exempt from section 36(2) of the Act in respect of the possession of commercial fishing equipment by the person in the following circumstances—

(a) the equipment is possessed in the course of conducting a business where commercial fishing equipment is manufactured or sold from a commercial business premises;

(b) the equipment is possessed in the course of conducting a business where commercial fishing equipment owned by the holder of an access licence or an aquaculture licence is repaired by the person and the person has a record of—

(i) the name of that licence holder; and

(ii) the date that the commercial fishing equipment was received; and

(iii) details of the repairs to be effected;

(c) the equipment is stored or secured on board a boat in respect of which the person is in charge and the person is authorised under the laws of another State or of a Territory to possess that equipment in that State or Territory and the boat is travelling by the shortest practicable route—

(i) to or from a place in Victoria; or

(ii) from a place outside Victorian waters to another place outside those waters;

(d) the equipment is possessed in accordance with a fishing concession issued under the Commonwealth Act;