20Seafood must be lawfully produced

20 Seafood must be lawfully produced

(1)  A person must not supply any seafood that has not been lawfully produced for human consumption.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 250 penalty units and, in the case of a continuing offence, a further fine not exceeding 20 penalty units for each day during which the offence continues; or

(b) an individual, a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

(2)  An offence against this regulation is an offence of strict liability.

(3)  For the purposes of this regulation, seafood is taken to have been lawfully produced for human consumption if –

(a) in the case of seafood that has been produced outside of Australia, it has been lawfully imported into Australia; and

(b) in any other case, to the extent to which the seafood has been produced or processed in Australia, the production or processing has been carried out –

(i) in accordance with the requirements of the Act or these regulations; or

(ii) in accordance with any applicable corresponding law if the production or processing occurred in another State or Territory.