461Exemption relating to possession of rock lobster pots

461 Exemption relating to possession of rock lobster pots

A person is exempt from section 36(2) of the Act in respect of the possession by the person of a number of rock lobster pots if—

(a) the person holds a licence or other authority to fish recreationally under the law of another State or Territory; and

(b) the licence or authority authorises the possession of that number of rock lobster pots; and

(c) the person does not possess the rock lobster pots in, on or next to Victorian waters.

Example

An example of a person that this exemption may apply to is a person who is authorised under the law of another State to possess 2 rock lobster pots and who has those pots in the person's possession whilst travelling through Victoria in a motor vehicle.

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 the thing from which they are exempted from doing or not doing.