Victorian Numbered Regulations

FISHERIES REGULATIONS 2009 (SR NO 2 OF 2009) - REG 316

A person is exempt from section 40(1)(a) of the Act, in respect of the receipt of legally obtained abalone that is not in a commercial quantity, if the person receives the abalone in any of the following circumstances—

        (a)     the person receives the abalone for preparation for inclusion in a meal;

        (b)     the person receives the abalone from a person within Victoria for storage or sale and the abalone is marked or labelled with an abalone label and the abalone—

              (i)     if in a quantity equal to or less than that specified in Column 1 of Table 1 in Schedule 11, is accompanied by an abalone receipt in respect of that abalone that was issued not more than 60 days previously by the supplier of the abalone; or

              (ii)     if in a quantity more than that specified in Column 1 of Table 1 in Schedule 11, is accompanied by an abalone receipt in respect of that abalone that was issued not more than 72 hours previously by the supplier of the abalone; or

              (iii)     is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate in respect of that abalone that was completed not more than 60 days previously by the supplier of the abalone;

        (c)     the person receives the abalone from a person in a place outside Victoria for storage or sale and the abalone—

              (i)     entered Victoria not more than 72 hours previously; and

              (ii)     is marked or labelled with an abalone label; or

        (d)     the person receives the abalone from the holder of an aquaculture licence authorising the hatching, rearing, breeding, growing or displaying of abalone of that species or the holder of a general permit authorising the taking or possession and sale of abalone of that species and the abalone—

              (i)     is marked or labelled with an abalone label; and

              (ii)     is accompanied by an abalone receipt issued or created by the licence or permit holder in respect of that abalone at the time of the sale or consignment of that abalone.    

Note

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.