(1) A person is exempt from section 40(1)(c) of the Act in respect of the sale of legally obtained abalone that is not in a commercial quantity if—
(a) the abalone was received by the person in any one of the circumstances set out in regulation 316; and
(b) the person complies with the requirements in sections 118A and 120AA(2) of the Act in respect of the sale of the abalone.
(2) A person is exempt from sections 40(1)(c) and 111A of the Act in respect of the sale of legally obtained abalone in a commercial quantity if—
(a) the abalone sold by the person was received by the person in any one of the circumstances set out in regulation 317; and
(b) the person complies with the requirements in sections 118A and 120AA(2) of the Act in respect of the sale of the abalone.
Notes
1 Regulations 301 and 307 set out requirements for the purposes of sections 118A and 120AA(2)(a) of the Act.
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. The exemptions under this regulation only have effect to the extent specified in this regulation.