Victorian Numbered Regulations Victorian Numbered Regulations(1) For the purposes of section 67 of the Act, the closed season for giant crab is—
(a) in the case of female giant crab, the period from 1 June to 15 November in each year; and
(b) in the case of male giant crab, the period from 15 September to 15 November in each year.
(2) For the purposes of section 67 of the Act, the taking or possessing of any giant crab during the period specified as the closed season for giant crab in subregulation (1) by any person other than a person of one of the following classes of person is prohibited—
(a) holders of, or persons acting on behalf of holders of, an aquaculture licence authorising the hatching, rearing, breeding, displaying or growing of giant crab who take or possess giant crab from the area specified in the aquaculture licence in accordance with the licence, the Act and these Regulations;
(b) holders of, or persons acting on behalf of holders of, a general permit authorising the taking or possession of giant crab during that period under a general permit who take or possess giant crab during that period in accordance with the permit, the Act and these Regulations;
(c) persons acting in accordance with the Act who possess giant crab received from a person referred to in paragraph (a) or (b).
Note
Regulation 402, which prescribes matters for the purposes of section 120AC of the Act, requires that persons who possess more than 2 giant crab received from the holder of a Giant Crab Fishery (Western Zone) Access Licence must have in their possession the original giant crab catch disposal record in respect of those giant crab.
(3) A person who contravenes the prohibition in subregulation (2) is liable to a further penalty—
(a) in the case of a first offence, a penalty not exceeding 0·5 of a penalty unit for each giant crab taken or possessed;
(b) in the case of a subsequent offence, a penalty not exceeding 1 penalty unit for each giant crab taken or possessed.
Note
A failure to comply with the prohibition in this regulation is an offence under section 67(3) of the Act. A maximum penalty of 100 penalty units or 6 months imprisonment or both applies.