39Alternative identification of rock lobster pots and rock lobster rings used in Aboriginal activities

39 Alternative identification of rock lobster pots and rock lobster rings used in Aboriginal activities

(1)  The Secretary may, by notice published in the Gazette, determine the manner in which rock lobster pots and rock lobster rings are to be identified when set or used by an Aborigine who –

(a) is engaged in Aboriginal activities; and

(b) has been issued a UIC by a means approved by the Secretary under rule 37(2)(b) .

(2)  A determination made under subrule (1) may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstances or otherwise, specified in the determination.

(3)  For the purposes of making a determination under subrule (1) , and without the generality of that subrule, the Secretary may adopt or incorporate a means of identification, approved or recommended by any Aboriginal community body, as a UIC.

(4)  An Aborigine must ensure that a rock lobster pot or rock lobster ring used when engaging in an Aboriginal activity is identified in the manner determined under subrule (1) if that rock lobster pot or rock lobster ring is identified with a UIC issued by a means approved by the Secretary under rule 37(2)(b) .

Penalty:  Grade 2 penalty.