Fisheries (Abalone) Regulations 1996

i Fisheries (Abalone) Regulations 1996 S.R. No. 26/1996 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 2 3. Commencement 2 4. Definitions 2 PART 2—RESTRICTIONS ON TAKING AND POSSESSION OF ABALONE 7 5. Offence to shuck abalone 7 6. Bag limit—taking of abalone 7 7. Bag limit—possession of abalone 8 8. Close season—Greenlip abalone 10 9. Size limit for abalone 10 PART 3—LICENCE APPLICATIONS 11 10. Issue of new abalone licence by public tender 11 11. Transfer of new abalone licence 11 12. Transfer of declared abalone licence 11 13. Transfer of individual catch quota units 12 14. Abalone processor’s licence 12 15. Abalone storer’s licence 12 PART 4—LICENCE CONDITIONS 13 Division 1—Abalone licences 13 16. Abalone licence subject to conditions, limitations and restrictions in this Division 13 17. Taking and landing of abalone 13 18. General and administrative 18 Division 2—Abalone processor’s licences 21 19. Abalone processor’s licence subject to conditions, limitations and restrictions in this Division 21 20. Abalone received from holder of abalone licence 21 -- 1 of 81 -- Regulation Page ii 21. Abalone received from other sources 24 22. Sale and consignment of abalone 28 23. General and administrative 31 Division 3— Abalone storer’s licences 36 24. Abalone storer’s licence subject to conditions, limitations and restrictions in this Division 36 25. Abalone received 36 26. Consignment of abalone 40 27. General and administrative 42 PART 5—MISCELLANEOUS 47 28. Abalone diver to provide resource management information 47 29. Offence to sell abalone without receipt showing prescribed details 47 30. Transport of abalone from licensed diver interstate 48 31. Offence to use documentation issued to licence holders 48 32. Secretary’s obligations and powers 50 33. Secretary may request stock record or small sales return to be completed 52 34. Matters prescribed for purposes of section 13D of Act 53 35. Exemption from requirement to hold an abalone storer’s licence 53 36. Exemption from requirement to hold an abalone processor’s licence 55 37. Revocations and amendments 55 __________________ SCHEDULES 57 SCHEDULE 1—Regulations revoked 57 SCHEDULE 2—Abalone docket 58 SCHEDULE 3—Abalone certificate 60 SCHEDULE 4—Quantities of abalone for purposes of regulations 7(3), 22 and 35(2) 63 SCHEDULE 5—Application for issue of new abalone licence by public tender 64 SCHEDULE 6—Application for transfer of new abalone licence 66 SCHEDULE 7—Application for transfer of declared abalone licence 68 -- 2 of 81 -- Regulation Page iii SCHEDULE 8—Application for transfer of individual catch quota units 70 SCHEDULE 9—Application for abalone processor's licence 71 SCHEDULE 10—Application for abalone storer's licence 73 SCHEDULE 11—Small sales return 75 SCHEDULE 12—Licensed abalone processor's and storer's stock record 76 ═══════════════ NOTES 78 -- 3 of 81 -- 1 STATUTORY RULES 1996 S.R. No. 26/1996 Fisheries Act 1968 Fisheries (Abalone) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 1 April 1996 Responsible Minister: C. G. COLEMAN Minister for Natural Resources KATHY WILSON Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to provide for the management and control of the abalone fishery, including recreational interests, and for the management and control of the abalone processing and storage sectors to ensure the sustainable use of Victoria’s abalone resources; (b) to revoke the Fishing (Abalone) Regulations 1988 and other regulations relating to the abalone fishery; (c) to consolidate other existing regulations relating to abalone. -- 4 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 2 2. Authorising provisions These Regulations are made under sections 9, 13A(4), 13B, 13C, 13D and 81 of the Fisheries Act 1968. 3. Commencement These Regulations come into operation on 1 April 1996. 4. Definitions In these Regulations— “abalone docket” means an individually- numbered form in the form of Schedule 2 issued by the Secretary in an abalone docket book to the holder of an abalone licence; “abalone docket book” means a book containing abalone dockets issued by the Secretary to the holder of an abalone licence; “abalone transfer certificate” means an individually-numbered certificate in the form of Schedule 3 issued by the Secretary to the holder of an abalone processor’s licence or an abalone storer’s licence; “Act” means the Fisheries Act 1968; “approved weighing station” means a place approved by the Secretary under regulation 32(1) for the weighing of abalone by holders of abalone licences; “bin insert” means any type of non-absorbent material used as a protective layer for the purposes of packaging live abalone; “bin tag” means an individually-numbered tag issued by the Secretary to the holder of an abalone licence; r. 2 -- 5 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 3 “notification service” means the telephone service and number notified to a licence holder by the Secretary in accordance with regulation 32(2)(a); “product description”, in relation to abalone, means whether the abalone is unshucked or processed and, if processed, the exact form of the abalone product; “Secretary’s confirmation” means a facsimile document provided by the Secretary to a licence holder in accordance with regulation 32(3)(a); “sell” includes barter, exchange and cause, permit, or attempt to sell; “shuck” means to remove the meat from an abalone shell in any manner; “small sales return” means a return in the form of Schedule 11 issued by the Secretary to the holder of an abalone processor’s licence; “specified details” means— (a) in respect of the transfer or delivery of abalone to a place outside Victoria by the holder of an abalone licence, the following details— (i) the diver number on the abalone docket; (ii) the date of landing recorded on the docket; (iii) the serial number of the docket; (iv) the name and address of the person and premises to which the abalone is to be transferred or delivered shown on the docket; r. 4 -- 6 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 4 (v) the total gross weight (in kilograms) of abalone recorded on Part C of the docket; (vi) the total tare weight of bins, bin lids and bin inserts (in kilograms) recorded on Part B of the docket; (vii) the trader identification number of the approved weighing station at which the abalone was weighed from Part C of the docket; (b) in respect of the receipt of abalone accompanied by an abalone docket, the following details— (i) the name of the licensed abalone processor recorded on Part D of the abalone docket; (ii) the address and trader identification number of the premises to which the abalone has been or is to be delivered from Part D of the docket; (iii) the diver number recorded on the docket; (iv) the date of landing recorded on the docket; (v) the serial number of the docket; (vi) the total gross weight (in kilograms) of abalone recorded on Part D of the docket; (vii) the total tare weight of bins, bin lids and bin inserts (in kilograms) recorded on part B of the docket; (c) in respect of the receipt of abalone without an abalone docket, the r. 4 -- 7 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 5 following details from the abalone transfer certificate required to be completed with respect to the abalone by the receiver— (i) the serial number of the certificate; (ii) all of the information contained in sections (i) and (ii) of Part B of the certificate; (iii) the product description and net weight details from section (iii) of Part B of the certificate; (d) in respect of the sale or consignment of abalone accompanied by an abalone transfer certificate, the following details from the abalone transfer certificate— (i) the serial number of the certificate; (ii) all of the information contained in sections (i) and (ii) of Part A of the certificate; and (iii) the product description and net weight details from section (iii) of Part A of the certificate; “stock record” means an individually-numbered record in the form of Schedule 12 issued to the holder of an abalone processor’s licence or an abalone storer’s licence in a stock record book; “stock record book” means a book containing stock records that is issued by the Secretary to the holder of an abalone processor’s or an abalone storer’s licence; r. 4 -- 8 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 6 “trader identification number” means the number issued by the Secretary to each holder of an abalone processor’s licence or an abalone storer’s licence and each approved weighing station; “use” includes attempt to use; “zone”1 means the central zone, eastern zone or western zone as defined in section 13A of the Act. _______________ r. 4 -- 9 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 7 PART 2—RESTRICTIONS ON TAKING AND POSSESSION OF ABALONE 5. Offence to shuck abalone (1) A person must not in, under or upon Victorian waters2— (a) shuck abalone; or (b) be in possession of shucked abalone. Penalty: 20 penalty units. (2) A person must not in, upon or adjacent to Victorian waters, cause to be landed from any boat or otherwise land any shucked abalone. Penalty: 20 penalty units. (3) Sub-regulations (1) and (2) do not apply to the holder of an abalone licence3 . 6. Bag limit—taking of abalone (1) For the purposes of the Act, the bag limit with respect to the taking of abalone is a total of 10 abalone on any one day, of which no more than 2 may be Greenlip abalone. (2) A person must not take more than 10 abalone on any one day. Penalty: 20 penalty units. (3) A person must not take more than 2 Greenlip abalone on any one day. Penalty: 20 penalty units. (4) Sub-regulations (2) and (3) do not apply to a person who takes more than the bag limit of abalone specified in sub-regulation (1), if that person is the holder of an abalone licence acting in accordance with these Regulations. r. 5 -- 10 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 8 7. Bag limit—possession of abalone (1) For the purposes of the Act, the bag limit with respect to the possession of abalone is a total of 10 abalone on any one day, of which no more than 2 may be Greenlip abalone. (2) A person must not have in his or her possession abalone in excess of the bag limit fixed under sub-regulation (1). Penalty: 20 penalty units. (3) Sub-regulation (2) does not apply to a person who possesses abalone in excess of the bag limit fixed under sub-regulation (1), if— (a) the person is the holder of an abalone licence acting in accordance with these Regulations; or (b) the person is the holder of an abalone processor’s or an abalone storer’s licence acting in accordance with these Regulations; or (c) the abalone was legally obtained within Victoria and— (i) is in a quantity not more than that specified in Table 1 of Schedule 4 and is accompanied by a receipt in accordance with regulation 29 that is less than 60 days old; or (ii) is in a quantity more than that specified in Table 1 of Schedule 4 and is accompanied by a receipt in accordance with regulation 29 that is less than 72 hours old; or (d) the abalone is in a quantity not more than that specified in Table 2 of Schedule 4, accompanied by the completed duplicate and r. 7 -- 11 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 9 triplicate copies of an abalone transfer certificate that was completed not more than 60 days previously; or (e) the abalone is in a quantity more than that specified in Table 2 of Schedule 4 and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate that was completed not more than 72 hours previously; or (f) the abalone was legally obtained in a place outside Victoria; or (g) the person is acting in accordance with an authority of the Secretary issued under sub-regulation (4). (4) The Secretary may, in writing, authorise a person to possess more than the bag limit of abalone specified in sub-regulation (1). (5) An authority under sub-regulation (4) must specify— (a) the time or period during which the authority applies; and (b) the place to which the authority applies; and (c) the quantity and product description of abalone that may be possessed. (6) An authority under sub-regulation (4) may impose conditions relating to the packaging or marking of the abalone. (7) In this regulation, “abalone” means any abalone, whether taken from Victorian waters or other waters. r. 7 -- 12 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 10 8. Close season—Greenlip abalone For the purposes of the Act the close season for Greenlip abalone is the period commencing on 1 October in each year and ending on 31 March in the following year. 9. Size limit for abalone (1) For the purposes of the Act, the minimum size with respect to the taking of any species of abalone other than Greenlip abalone from a size zone specified in column 1 of the Table below is the size specified in column 2 of the Table opposite the size zone. TABLE Column 1 Size zone Column 2 Minimum size (centimetres) Victorian waters4— (a) west of longitude 143°58'30"E (Lorne) 12 (b) between longitude 143°58'30"E and longitude 147°58'30"E. (Lorne to Lakes Entrance), except Port Phillip Bay 11 (c) East of longitude 147°58'30"E (Lakes Entrance) 12 Port Phillip Bay (including Corio Bay, Swan Bay and Hobson's Bay) 10 (2) For the purposes of the Act the minimum size with respect to Greenlip abalone taken from any Victorian waters is 13 centimetres. (3) In calculating the size of abalone, the measurement must be taken at the widest part of the shell whether or not the shell is broken or damaged. _______________ r. 8 -- 13 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 11 PART 3—LICENCE APPLICATIONS 10. Issue of new abalone licence by public tender An application under section 13B of the Act for the issue of a new abalone licence by public tender must— (a) be in accordance with the form in Schedule 5; and (b) be accompanied by the impost imposed by section 15 (1) of the Act and the surcharge imposed by sections 15(5) and 15(6) of the Act; and (c) be accompanied by a report of the medical examination of the applicant under section 13A(5) of the Act; and (d) be accompanied by the tender bid. 11. Transfer of new abalone licence An application under section 13A(4) of the Act for the transfer of a new abalone licence must— (a) be in accordance with the form in Schedule 6; and (b) be accompanied by the impost imposed by section 13A(9) of the Act; and (c) be accompanied by the report of the medical examination of the applicant under section 13A(5) of the Act. 12. Transfer of declared abalone licence An application under section 13A(4) of the Act for the transfer of a declared abalone licence must— (a) be in accordance with the form in Schedule 7; and r. 10 -- 14 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 12 (b) be accompanied by the impost imposed by section 13A(9) of the Act; and (c) be accompanied by a report of the medical examination of the applicant under section 13A(5) of the Act. 13. Transfer of individual catch quota units (1) The prescribed form for an application under section 13C(6) of the Act for the transfer of individual catch quota units is the form in Schedule 8. (2) The prescribed fee for transfer of individual catch quota units is $110. 14. Abalone processor’s licence The prescribed form for an application for an abalone processor’s licence is the form in Schedule 9. 15. Abalone storer’s licence The prescribed form for an application for an abalone storer’s licence is the form in Schedule 10. _______________ r. 13 -- 15 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 13 PART 4—LICENCE CONDITIONS Division 1—Abalone licences 16. Abalone licence subject to conditions, limitations and restrictions in this Division An abalone licence is subject to the conditions, limitations and restrictions specified in this Division, in addition to any conditions imposed by the Secretary under section 16(4) of the Act. 17. Taking and landing of abalone (1) The holder of an abalone licence— (a) whilst using a boat in connection with the taking of abalone, must not permit that boat to be used as a base for underwater diving operations by any person other than a person who is the holder of an abalone licence; and (b) must not take abalone from any zone other than the zone specified in his or her licence; and (c) must not take or have on board a boat on any one day abalone taken from more than one size zone specified in column 1 of the Table in regulation 9(1); and (d) must not— (i) shuck abalone; or (ii) be in possession of shucked abalone; or (iii) in, upon or adjacent to Victorian waters 5 , cause to be landed from any boat or otherwise land any shucked abalone; and r. 16 -- 16 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 14 (e) must at all times while— (i) using a boat in connection with the taking of abalone; or (ii) engaged in the taking of abalone underwater— carry an instrument to facilitate the accurate measurement of abalone taken by him or her; and (f) must ensure that, in, under or upon Victorian waters, abalone in his or her control are not— (i) transferred from one boat to another boat; or (ii) transferred or delivered to another person; and (g) must ensure that in, under or upon Victorian waters abalone taken by another person are not transferred to his or her possession or control, whether on board a boat or not; and (h) must ensure that a bin containing abalone does not contain any kind of packaging other than bin inserts; and (i) must ensure that all abalone taken by him or her are first landed in Victoria; and (j) must ensure that all abalone taken by him or her are placed in bins and each bin is covered and sealed with a bin lid, by means of 1 or 2 bin tags affixed to both the bin and bin lid in such a manner that— (i) the bin lid cannot be removed from the bin; and (ii) abalone cannot be put into or removed from the bin— r. 17 -- 17 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 15 other than in accordance with these Regulations; and (k) after sealing a bin of abalone with a bin lid and bin tag or tags, must not remove, damage or break any such bin tag or remove abalone from or add abalone to the bin; and (l) no later than 30 minutes after the time of landing abalone— (i) must enter onto Part B of the original and all copies of the appropriate abalone docket— (A) the serial numbers of all bin tags on all bins of abalone landed by him or her; and (B) the total tare weight of those bins including bin lids and bin inserts; and (C) all other details required by Part B of the abalone docket 6 , including his or her signature; and (ii) must place the duplicate and triplicate copies of the abalone docket into the the waterproof envelope provided by the Secretary and seal the envelope by affixing it to the bin sealed with the highest numbered bin tag shown on the docket; and (m) if abalone are to be transferred or delivered to a person outside Victoria, must, no more than 24 hours after landing the abalone— (i) weigh the abalone at an approved weighing station; and (ii) remove the duplicate and triplicate copies of the abalone docket from the r. 17 -- 18 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 16 waterproof envelope and enter onto Part C of the original and all copies of the abalone docket, the gross weight and trader identification number; and (iii) provide the specified details7 to the Secretary via the notification service; and (iv) enter the receipt number and time provided by the notification service onto Part C of the original and all copies of the abalone docket; and (v) when the Secretary’s confirmation in respect of that abalone is received verify that the details in the confirmation are accurate and, if accurate, record the confirmation number onto Part C of the original and all copies of the docket, unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (vi) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part C of the original and all copies of the abalone docket; and (vii) place the duplicate and triplicate copies of the abalone docket into a new waterproof envelope issued by the Secretary and seal the envelope by affixing it to the outside of the bin that those copies were taken from; and (n) if abalone are to be transferred or delivered to a person outside Victoria, must ensure that the abalone does not leave the approved r. 17 -- 19 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 17 weighing station until paragraph (m) has been complied with, and (o) must ensure that abalone taken by him or her— (i) is not moved from the place of landing; and (ii) is not moved from the boat; and (iii) does not enter any abalone processing premises— until paragraphs (j) and (l) have been complied with in respect of that abalone; and (p) if abalone taken by him or her are transferred or delivered to a person within Victoria, must ensure that— (i) the person is the holder of an abalone processor’s licence; and (ii) a separate abalone docket is completed in respect of each transfer or delivery of abalone; and (q) must ensure that all bin tags and abalone dockets issued to him or her are used in sequential numerical order beginning at the lowest number; and (r) if abalone landed by him or her are delivered or transferred to the licensed premises of an abalone processor's licence holder, must ensure that the abalone are so delivered or transferred within 24 hours after the time of landing; and (s) if abalone landed by him or her are delivered or transferred to an abalone processor’s licence holder at a place other than the licensed premises, must ensure that the r. 17 r. 17 -- 20 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 18 abalone are so delivered or transferred within 12 hours after landing; and (t) must forward to the Secretary by post the original abalone docket completed in respect of abalone landed by him or her within 48 hours of the time of landing8 . (2) Sub-regulation (1) does not apply to a licence holder who is acting in accordance with a written authority of the Secretary under sub-regulation (3), to the extent specified in the authority. (3) The Secretary may, in writing, authorise a person who is the holder of an abalone licence to undertake activities which would otherwise contravene sub-regulation (1). (4) An authority under sub-regulation (3) must specify— (a) the place at which the authority applies; and (b) the period during which the authority applies; and (c) the circumstances in which the authority applies. (5) An authority under sub-regulation (3) may impose conditions relating to the taking, landing or weighing of abalone. 18. General and administrative (1) The holder of an abalone licence— (a) must keep abalone docket books, abalone dockets, copies of dockets and unused bin tags issued to him or her in a safe place at all times; and (b) if an abalone docket book, abalone docket, or copy of a docket or bin tag issued to the licence holder is lost, damaged or destroyed, r. 18 -- 21 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 19 must as soon as practicable notify the Secretary; and (c) if an abalone docket book, abalone docket, or copy of a docket or bin tag is stolen, must as soon as practicable— (i) notify the Secretary; and (ii) report the theft to the police; and (iii) obtain and keep a copy of that report; and (d) must notify the Secretary of any change of his or her residential address within 72 hours after the change; and (e) if an error occurs whilst the licence holder is completing an abalone docket, must— (i) write the words "ERROR— CANCELLED" across the docket; and (ii) use the next sequentially numbered document in that book or a new book; and (iii) forward the original, duplicate and triplicate copies of the cancelled docket to the Secretary within 48 hours and retain the quadruplicate copy in the abalone docket book; and (f) must not use any abalone docket, copy of a docket or bin tag that has been reported lost, stolen, damaged or destroyed and must ensure that any lost or stolen dockets, if located, and any damaged abalone dockets and bin tags are returned to the Secretary as soon as practicable; and (g) must not possess a signed abalone docket or copy of a docket unless— r. 18 r. 18 -- 22 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 20 (i) all required details on Parts A and B of the docket have been completed in accordance with regulation (17)(1)(l) and regulation 28; and (ii) if abalone are to be transferred or delivered to a place outside Victoria, all required details on Part C of the docket have been completed in accordance with regulation (17)(1)(m); and (h) must not give, lend, or make available to any person other than an authorised officer, an abalone docket, copy of a docket, abalone docket book or bin tag that has been issued to him or her; and (i) must retain all unused abalone dockets and copies of dockets in the abalone docket book issued to him or her; and (j) must retain in the abalone docket book issued to him or her, the quadruplicate copy of each abalone docket that has been completed in respect of abalone taken by him or her; and (k) must not intentionally damage, alter, deface or otherwise interfere with a bin tag in any way; and (l) must not intentionally damage or deface an abalone docket or copy of a docket; and (m) if required by these Regulations to record or provide information, whether in a prescribed form or otherwise, must ensure that the information is recorded or provided— (i) in English; and (ii) clearly, legibly, truthfully and accurately. r. 18 -- 23 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 21 (2) Sub-regulation (1)(h) does not apply to the holder of an abalone licence who, in accordance with the Act or these Regulations, gives or makes available to— (a) the Secretary; or (b) the holder of an abalone processor’s licence— an abalone docket, a copy of a docket, an abalone docket book or bin tag. Division 2—Abalone processor’s licences 19. Abalone processor’s licence subject to conditions, limitations and restrictions in this Division (1) An abalone processor’s licence is subject to the conditions, limitations and restrictions specified in this Division, in addition to any conditions imposed by the Secretary under section 16(4) of the Act. (2) In this Division, except in regulations 20 and 23(1)(a), “abalone” means any abalone, whether taken from Victorian waters or other waters. 20. Abalone received from holder of abalone licence (1) In the case of abalone accompanied by an abalone docket relating to that abalone, the holder of an abalone processor’s licence— (a) must not receive the abalone at the premises specified in his or her licence any more than 24 hours after the time of landing; and (b) must not receive the abalone at a place other than the licensed premises any more than 12 hours after the time of landing; and (c) if the abalone is received at a place other than the licensed premises, must transport it r. 19 -- 24 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 22 to the licensed premises no more than 24 hours after the time of landing and ensure that all bins containing the abalone remain sealed with the bin tags intact until— (i) the abalone reaches the licensed premises; and (ii) he or she has complied with paragraphs (e), if applicable, (f), and, as applicable, (g) or (h); and (d) if any bin containing the abalone is not sealed with a lid by means of a completely intact bin tag in accordance with regulation 17— (i) must notify the Secretary within 30 minutes after the time the abalone was received, of the place where the abalone can be inspected during the next 24 hours and the diver number from the abalone docket accompanying the abalone; and (ii) must not break any bin tags, remove the lid from any bin or remove any abalone from or add any abalone to any bin in that consignment unless authorised by the Secretary; and (e) if Part B of the duplicate and triplicate copies of the abalone docket has not been completed, must notify the Secretary no more than 15 minutes after the time of receiving the abalone; and (f) must as soon as practicable, but no more than 25 hours after the time the abalone was landed, weigh it and enter the gross weight onto Part D of the duplicate and triplicate copies of the abalone docket and all other r. 20 -- 25 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 23 details (except the notification service details) required by Part D of the docket and— (i) provide the specified details9 to the Secretary via the notification service; and (ii) immediately enter the receipt number and time provided by the notification service onto Part D of the duplicate and triplicate copies of the abalone docket; and (g) prior to breaking any bin tags or removing the lid from any bin or removing any abalone from or adding any abalone to, any bin must— (i) have received the Secretary’s confirmation in respect of that abalone; and (ii) have verified that the details in the confirmation are accurate; and (iii) if the details are accurate, have recorded the confirmation number onto Part D of the duplicate and triplicate copies of the docket and signed those copies— unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (h) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part D of the duplicate and triplicate copies of the abalone docket and sign those copies before breaking any bin r. 20 -- 26 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 24 tags, removing the lid from a bin or removing abalone from the bin; and (i) if the details in the Secretary's confirmation are inaccurate, must not enter the confirmation number onto any abalone docket; and (j) must, within 48 hours of the abalone entering the licensed premises, forward to the Secretary the duplicate copy of each abalone docket; and (k) must retain on the licensed premises the triplicate copy of the abalone docket in respect of abalone received. (2) The requirement in sub-regulation (1)(f) to weigh abalone within 25 hours after it was landed does not apply if the licence holder is acting in accordance with a written approval of the Secretary under regulation 32(5). 21. Abalone received from other sources (1) In the case of abalone accompanied by an abalone transfer certificate relating to that abalone, the holder of an abalone processor’s licence— (a) if Part A of the duplicate and triplicate copies of the abalone transfer certificate has not been completed, must notify the Secretary no more than 15 minutes after the time of receiving the abalone; and (b) must, as soon as practicable and no more than 30 minutes after the time the abalone entered the licensed premises— (i) enter the net weight of the abalone onto Part B of the duplicate and triplicate copies of the abalone transfer certificate; and r. 21 -- 27 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 25 (ii) complete all of the other details (except section (v)) in Part B of the duplicate and triplicate copies of the abalone transfer certificate; and (iii) provide the specified details10 to the Secretary via the notification service; and (iv) record the time and receipt number provided by the notification service onto Part B of the duplicate and triplicate copies of the abalone transfer certificate; and (c) if the total net weight of the abalone is greater than the total net weight specified for the abalone in Part A of the duplicate and triplicate copies of the abalone transfer certificate, must notify the Secretary as soon as practicable of the place where the abalone may be inspected during the next 24 hours and must not remove any abalone from or add any abalone to the consignment during that period unless authorised to do so by the Secretary or an authorised officer; and (d) prior to processing the abalone or mixing it with other stocks of abalone, must— (i) have received the Secretary’s confirmation in respect of that abalone; and (ii) have verified that the details in the confirmation are accurate; and (iii) if the details are accurate, have recorded the confirmation number onto Part B of the duplicate and triplicate copies of the certificate and signed those copies— r. 21 -- 28 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 26 unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (e) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part B of the duplicate and triplicate copies of the abalone transfer certificate and sign those copies before processing the abalone or mixing it with other stocks of abalone; and (f) if the details in the Secretary's confirmation are inaccurate, must not enter the confirmation number onto an abalone transfer certificate or any copy of a certificate; and (g) must, within 48 hours of the abalone entering the licensed premises, forward to the Secretary the duplicate copy of the abalone transfer certificate; and (h) must retain on the licensed premises the triplicate copy of the abalone transfer certificate. (2) In the case of abalone not accompanied by an abalone docket or an abalone transfer certificate relating to that abalone, the holder of an abalone processor’s licence— (a) as soon as practicable and no more than 30 minutes after the time the abalone entered the licensed premises, must, in respect of abalone received from each consignor— (i) enter the net weight of the abalone onto Part B of the original and all copies of an abalone transfer certificate; and r. 21 -- 29 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 27 (ii) complete all of the other details (except section (v)) in Part B of the original and all copies of the abalone transfer certificate; and (iii) provide the specified details11 to the Secretary via the notification service; and (iv) record the time and receipt number provided by the notification service onto Part B of the original and all copies of the abalone transfer certificate; and (b) prior to processing the abalone or mixing it with other stocks of abalone, must— (i) have received the Secretary’s confirmation in respect of that abalone; and (ii) have verified that the details in the confirmation are accurate; and (iii) if the details are accurate, have recorded the confirmation number onto Part B of the original and all copies of the certificate and signed the original and all copies of it— unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (c) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part B of the original and all copies of the abalone transfer certificate and sign the certificate and all copies of it before processing the abalone or mixing it with other stocks of abalone; and r. 21 -- 30 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 28 (d) if the details in the Secretary's confirmation are inaccurate, must not enter the confirmation number onto an abalone transfer certificate or a copy of a certificate; and (e) must, within 48 hours of the abalone entering the licensed premises, forward to the Secretary the original and duplicate and triplicate copies of the abalone transfer certificate completed under paragraph (a); and (f) must retain on the licensed premises the quadruplicate copy of the abalone transfer certificate. (3) The requirement to comply with sub-regulations (1)(b) or (2)(a) within 30 minutes after the time abalone entered the licensed premises, does not apply if the licence holder is acting in accordance with a written approval of the Secretary under regulation 32(5). 22. Sale and consignment of abalone The holder of an abalone processor’s licence— (a) must, in relation to the sale or consignment of abalone in a quantity not more than that specified in Table 1 of Schedule 4— (i) at the time of the sale or consignment, issue a receipt showing the details specified in regulation 29(1) in respect of all abalone sold or consigned; and (ii) on completion of the sale or dispatch of the consignment, enter all of the details of the sale or consignment onto the original and duplicate copy of the appropriate small sales return; and r. 22 -- 31 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 29 (iii) ensure that the name of the licensed processor who processed the abalone is clearly marked on the packaging of the abalone; and (b) must, no more than 24 hours after the time that— (i) the final entry on a small sales return was made under paragraph (a); or (ii) a request from the Secretary under regulation 33 was received— complete all other details on the original and duplicate copy of the small sales return, sign the return and forward the original return to the Secretary by post; and (c) must, in relation to the sale or consignment of abalone in a quantity greater than that specified in Table 1 of Schedule 4— (i) complete all the details (except section (v)) on Part A of the original and all copies of an abalone transfer certificate; and (ii) provide the specified details12 in respect of the abalone to the Secretary via the notification service; and (iii) enter the time and receipt number provided by the notification service onto Part A of the original and all copies of the abalone transfer certificate; and (d) must not allow abalone in a quantity greater than that specified in Table 1 of Schedule 4 to leave the licensed premises until the licence holder— r. 22 -- 32 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 30 (i) has received the Secretary’s confirmation in respect of that abalone; and (ii) has verified that the details in the confirmation are accurate; and (iii) if the details are accurate, has recorded the confirmation number onto Part A of the original and all copies of the certificate and signed the original and all copies of it— unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (e) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part A of the original and all copies of the abalone transfer certificate before allowing the abalone to leave the licensed premises; and (f) if the details in the Secretary's confirmation are inaccurate, must not enter the confirmation number onto an abalone transfer certificate or a copy of a certificate; and (g) must not allow abalone in a quantity greater than that specified in Table 1 of Schedule 4 to leave the premises specified in his or her licence unless it is accompanied by the duplicate and triplicate copies of the completed abalone transfer certificate; and (h) must, within 48 hours of abalone in a quantity greater than that specified in Table 1 of Schedule 4 leaving the licensed premises, forward to the Secretary the r. 22 -- 33 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 31 original of the abalone transfer certificate completed in respect of the abalone; and (i) must retain on the licensed premises the quadruplicate copy of the abalone transfer certificate and the duplicate copy of any small sales return in respect of abalone despatched from those premises. 23. General and administrative (1) The holder of an abalone processor’s licence— (a) must not obtain or receive abalone taken from Victorian waters13 other than from— (i) the holder of an abalone licence acting in accordance with these Regulations; or (ii) another holder of an abalone processor’s licence acting in accordance with these Regulations; or (iii) the holder of an abalone storer’s licence acting in accordance with these Regulations; or (iv) an authorised officer or police officer acting in the course of his or her duty; and (b) must maintain a facsimile machine on the licensed premises and— (i) to the extent that it is reasonably possible, ensure that the facsimile machine is in working order at all times; and (ii) notify the Secretary in writing of the telephone number of the facsimile machine; and r. 23 -- 34 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 32 (iii) if the telephone number of the facsimile machine is changed, notify the Secretary in writing within 72 hours after the change; and (c) within 48 hours after receiving a request from the Secretary under regulation 33, must— (i) complete the appropriate stock record, showing all details required by the record in respect of all abalone on the premises at the time of completing it; and (ii) sign and date the stock record; and (iii) retain the stock record in the stock record book on the licensed premises; and (d) must, for the period between completing stock records as required by paragraph (c), ensure that the combined total quantity of abalone possessed and consigned by him or her does not exceed the total quantity of abalone— (i) received and notified in accordance with regulations 20 and 21 for that period; and (ii) on hand at the beginning of the period; and (e) must use abalone transfer certificates, small sales returns and stock records issued to him or her in sequential numerical order beginning with the lowest number; and (f) if an error occurs whilst the licence holder is completing an abalone transfer certificate initiated by him or her, a small sales return r. 23 -- 35 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 33 or a stock record as required by these Regulations, must— (i) write the words “ERROR- CANCELLED” across the document; and (ii) use the next sequentially numbered document in that book or a new book; and (iii) in the case of a cancelled abalone transfer certificate, forward the original, duplicate and triplicate copies to the Secretary within 48 hours and retain the quadruplicate copy; and (iv) in the case of a cancelled small sales return, forward the original to the Secretary within 48 hours and retain the duplicate copy; and (v) in the case of a cancelled stock record, retain the stock record in the stock record book; and (g) if any abalone transfer certificate, small sales return, or copies of those documents, stock record or stock record book is lost, damaged or destroyed, must notify the Secretary as soon as practicable; and (h) if any abalone transfer certificate, small sales return, or copies of those documents, stock record or stock record book is stolen, must as soon as practicable— (i) notify the Secretary; and (ii) report the theft to the police; and (iii) obtain and keep a copy of that report; and r. 23 -- 36 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 34 (i) must ensure that all unused abalone transfer certificates, small sales returns and copies of those documents and all stock record books issued to him or her are retained on the licensed premises; and (j) must ensure that all abalone transfer certificates, small sales returns, stock records and stock record books and any copies of any of those documents are kept in a safe place; and (k) must not use any abalone transfer certificate, small sales return or copy of those documents or any stock record or stock record book that has been reported lost, stolen, damaged or destroyed and must ensure that any such documents, if located, and any damaged documents, are returned to the Secretary as soon as practicable; and (l) must not give, lend or make available an abalone transfer certificate, small sales return or copies of those documents, a stock record or a stock record book to any person other than an authorised officer; and (m) must not use abalone transfer certificates issued to any other person, other than copies of the certificate accompanying abalone received from the holder of an abalone processor’s licence or an abalone storer’s licence; and (n) must notify the Secretary of any change to his or her postal address within 72 hours after the change; and (o) must retain on the premises specified in the licence the duplicate copy of every small sales return completed by him or her; and r. 23 -- 37 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 35 (p) must not intentionally— (i) damage, alter, deface or otherwise interfere with an abalone transfer certificate, a small sales return or copies of those documents or a stock record or stock record book; or (ii) erase any information from an abalone transfer certificate, a small sales return or copies of those documents or a stock record; or (iii) remove any stock record from a stock record book; and (q) if required by these Regulations to record or provide information, whether in a prescribed form or otherwise, must ensure that the information is recorded or provided— (i) in English; and (ii) clearly, legibly, truthfully and accurately. (2) Sub-regulation (1)(l) does not apply to the holder of an abalone processor’s licence who, in accordance with the Act or these Regulations, gives or makes available to— (a) the Secretary; or (b) the holder of an abalone processor’s licence or an abalone storer’s licence; or (c) a person in connection with the sale or consignment of abalone— an abalone transfer certificate, or a copy of a certificate, small sales return, stock record or stock record book. r. 23 -- 38 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 36 Division 3— Abalone storer’s licences 24. Abalone storer’s licence subject to conditions, limitations and restrictions in this Division (1) An abalone storer’s licence is subject to the conditions, limitations and restrictions specified in this Division, in addition to any conditions imposed by the Secretary under section 16(4) of the Act. (2) In this Division (except in regulation 27(1)(a)) “abalone” means any abalone, whether taken from Victorian waters or other waters. 25. Abalone received (1) In the case of abalone accompanied by an abalone transfer certificate relating to that abalone, the holder of an abalone storer’s licence— (a) if Part A of the duplicate and triplicate copies of the abalone transfer certificate has not been completed, must notify the Secretary no more than 15 minutes after the time of receiving the abalone; and (b) must, as soon as practicable and no more than 30 minutes after the time the abalone entered the licensed premises— (i) enter the net weight of the abalone received onto Part B of the duplicate and triplicate copies of the abalone transfer certificate; and (ii) complete all the details (except section (v)) in Part B of the duplicate and triplicate copies of the certificate; and (iii) provide the specified details14 to the Secretary via the notification service; and r. 24 -- 39 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 37 (iv) record the time and receipt number provided by the notification service onto Part B of the duplicate and triplicate copies of the abalone transfer certificate; and (c) if the total net weight of the abalone is greater than the total net weight specified for the abalone in Part A of the duplicate and triplicate copies of the abalone transfer certificate, must notify the Secretary as soon as practicable of the place where the abalone may be inspected during the next 24 hours and must not remove any abalone from or add any abalone to the consignment during that period unless authorised to do so by the Secretary or an authorised officer; and (d) prior to mixing the abalone with other stocks of abalone, must— (i) have received the Secretary’s confirmation in respect of that abalone; and (ii) have verified that the details in the confirmation are accurate; and (iii) if the details are accurate, have recorded the confirmation number onto Part B of the duplicate and triplicate copies of the certificate and signed those copies— unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (e) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part B of the abalone transfer r. 25 -- 40 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 38 certificate before mixing the abalone with other stocks of abalone; and (f) if the details in the Secretary's confirmation are inaccurate, must not enter the confirmation number onto an abalone transfer certificate or a copy of a certificate; and (g) must, within 48 hours of the abalone entering the licensed premises, forward to the Secretary the duplicate copy of the abalone transfer certificate; and (h) must retain on the licensed premises the triplicate copy of the abalone transfer certificate. (2) In the case of abalone not accompanied by an abalone transfer certificate relating to that abalone, the holder of an abalone storer’s licence— (a) as soon as practicable and no more than 30 minutes after the time the abalone entered the licensed premises, must in respect of abalone received from each consignor— (i) enter the net weight of the abalone received onto Part B of the original and all other copies of an abalone transfer certificate; and (ii) complete all the details (except section (v)) in Part B of the original and all other copies of the certificate; and (iii) provide the specified details15 to the Secretary via the notification service; and (iv) record the time and receipt number provided by the notification service r. 25 -- 41 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 39 onto the original and all other copies of the abalone transfer certificate; and (b) prior to mixing the abalone with other stocks of abalone, must— (i) have received the Secretary’s confirmation in respect of that abalone; and (ii) have verified that the details in the confirmation are accurate; and (iii) if the details are accurate, have recorded the confirmation number onto Part B of the original and all copies of the certificate and signed the original and all copies of it— unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (c) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part B of the original and all copies of the abalone transfer certificate and sign the original and all copies of it before mixing the abalone with other stocks of abalone; and (d) are inaccurate, must not enter the confirmation number onto an abalone transfer certificate or copy of a certificate; and (e) must, within 48 hours of the abalone entering the licensed premises, forward to the Secretary the original and duplicate and triplicate copies of the certificate completed under paragraph (a); and r. 25 -- 42 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 40 (f) must retain on the licensed premises the quadruplicate copy of the abalone transfer certificate. (3) The requirement to comply with sub-regulations (1)(b) or (2)(a) within 30 minutes after the time abalone entered the licensed premises, does not apply if the licence holder is acting in accordance with a written approval of the Secretary under regulation 32(5). 26. Consignment of abalone The holder of an abalone storer’s licence— (a) must, in relation to a consignment of abalone— (i) complete all of the details (except section (v)) in Part A of the original and all other copies of an abalone transfer certificate and sign those copies; and (ii) provide the specified details16 in respect of the abalone to the Secretary via the notification service; and (iii) enter the time and receipt number provided by the notification service onto the original and all other copies of the abalone transfer certificate; and (b) must not allow abalone to leave the licensed premises until the licence holder— (i) has received the Secretary’s confirmation in respect of that abalone; and (ii) has verified that the details in the confirmation are accurate; and (iii) if the details are accurate, has recorded the confirmation number onto Part A of r. 26 -- 43 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 41 the original and all copies of the certificate and signed the original and all copies of it— unless authorised by the Secretary under regulation 32(3)(b) to proceed without that confirmation; and (c) if authorised by the Secretary under regulation 32(3)(b), must record the confirmation number provided by the Secretary onto Part A of the original and all copies of the abalone transfer certificate and sign the original and all copies of it before allowing the abalone to leave the licensed premises; and (d) if the details in the Secretary's confirmation are inaccurate, must not enter the confirmation number onto an abalone transfer certificate or copy of a certificate; and (e) must not allow abalone to leave the premises specified in his or her licence unless it is accompanied by the completed duplicate and triplicate of the abalone transfer certificate; and (f) must, within 48 hours of abalone leaving the licensed premises, forward to the Secretary the original of the abalone transfer certificate completed in respect of that abalone; and (g) must retain on the licensed premises the quadruplicate copy of the abalone transfer certificate in respect of abalone dispatched from those premises. r. 26 -- 44 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 42 27. General and administrative (1) The holder of an abalone storer’s licence— (a) must not obtain or receive abalone taken from Victorian waters17 other than from— (i) the holder of an abalone processor’s licence acting in accordance with these Regulations; or (ii) an authorised officer or police officer acting in the course of his or her duty; and (b) must maintain a facsimile machine on the licensed premises and— (i) to the extent that it is reasonably possible, ensure that the facsimile machine is in working order at all times; and (ii) notify the Secretary in writing of the telephone number of the facsimile machine; and (iii) if the telephone number of the facsimile machine is changed, notify the Secretary in writing within 72 hours after the change; and (c) within 48 hours after receiving a request from the Secretary under regulation 33, must— (i) complete the appropriate stock record, showing all details required by the record in respect of all abalone on the premises at the time of completing it; and (ii) sign and date the stock record; and r. 27 -- 45 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 43 (iii) retain the stock record in the stock record book on the premises; and (d) must, for the period between completing stock records as required by paragraph (c), ensure that the combined total quantity of abalone possessed and consigned by him or her does not exceed the total quantity of abalone— (i) received and notified in accordance with regulation 25 for that period; and (ii) on hand at the beginning of the period; and (e) must use abalone transfer certificates and stock records issued to him or her in sequential numerical order beginning with the lowest number; and (f) if an error occurs whilst the licence holder is completing an abalone transfer certificate initiated by him or her or a stock record as required by these Regulations, must— (i) write the words “ERROR- CANCELLED” across the document; and (ii) use the next sequentially numbered document in that book or a new book; and (iii) in the case of a cancelled abalone transfer certificate, forward the original, duplicate and triplicate copies to the Secretary within 48 hours and retain the quadruplicate copy; and (iv) in the case of a cancelled stock record, leave the stock record in the stock record book; and r. 27 -- 46 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 44 (g) if any abalone transfer certificate, copy of a certificate, stock record or stock record book is lost, damaged or destroyed, must notify the Secretary as soon as practicable; and (h) if any abalone transfer certificate, copy of a certificate, stock record or stock record book is stolen, must as soon as practicable— (i) notify the Secretary; and (ii) report the theft to the police; and (iii) obtain and keep a copy of the report; and (i) must ensure that all unused abalone transfer certificates and all stock record books issued to him or her are retained on the licensed premises; and (j) must ensure that all abalone transfer certificates, stock records, stock record books and any copies of any of those documents are kept in a safe place; and (k) must not use any abalone transfer certificate, copy of a certificate or stock record that has been reported lost, stolen, damaged or destroyed and must ensure that any such documents, if located, and any damaged documents, are returned to the Secretary as soon as practicable; and (l) must not give, lend or make available an abalone transfer certificate, copy of a certificate or a stock record or stock record book to any person other than an authorised officer; and (m) must not use abalone transfer certificates issued to any other person, other than copies of the certificate accompanying abalone r. 27 -- 47 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 45 received from the holder of an abalone processor’s licence; and (n) must notify the Secretary of any change to his or her postal address within 72 hours after the change; and (o) must not intentionally— (i) damage, alter, deface or otherwise interfere with an abalone transfer certificate or copy of a certificate, a stock record or a stock record book ; or (ii) erase any information from an abalone transfer certificate or copy of a certificate or a stock record; or (iii) remove any stock record from a stock record book; and (p) if required by these Regulations to record or provide information, whether in a prescribed form or otherwise, must ensure that the information is recorded or provided— (i) in English; and (ii) clearly, legibly, truthfully and accurately. (2) Sub-regulation (1)(l) does not apply to the holder of an abalone storer’s licence who, in accordance with the Act or these Regulations, gives or makes available to— (a) the Secretary; or (b) the holder of an abalone processor’s licence or an abalone storer’s licence; or r. 27 -- 48 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 46 (c) a person in connection with the consignment of abalone— an abalone transfer certificate, or copy of a certificate, stock record or stock record book. _______________ r. 27 -- 49 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 47 PART 5—MISCELLANEOUS 28. Abalone diver to provide resource management information The holder of an abalone licence must, before completing and signing Part B of the abalone docket, complete Part A of the original and quadruplicate copy of the abalone docket in respect of all abalone taken by him or her. Penalty: 10 penalty units. 29. Offence to sell abalone without receipt showing prescribed details (1) A person who sells legally obtained and received abalone in any form in a quantity in excess of the bag limit specified in regulation 7, must issue a receipt at the time of the sale, showing, in respect of each sale— (a) the person's name; and (b) the address from which the abalone was sold; and (c) the receipt number; and (d) the date of the sale; and (e) the quantity of abalone sold; and (f) the product description of the abalone sold; and (g) the name and address of the person who processed the abalone; and (h) the name and address of the person who supplied the abalone to the seller. Penalty: 20 penalty units. r. 28 -- 50 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 48 (2) This regulation does not apply to a person who is the holder of an abalone processor’s licence acting in accordance with regulation 22 (a) or (c). (3) In this regulation, "abalone" means any abalone whether taken from Victorian waters or other waters. 30. Transport of abalone from licensed diver interstate Despite anything to the contrary in regulation 7, a person may transport abalone taken and landed in Victoria to another State or a Territory for processing, if, at all times while in Victoria, the abalone are— (a) contained in bins that are sealed with a bin lid in such a manner that the bin lid cannot be removed or abalone removed from, or added to, the bin while the bin lid and bin tag are still attached and without breaking the bin tag; and (b) accompanied by the duplicate and triplicate of an abalone docket on which Parts B and C have been completed no more than 72 hours previously. Penalty: 20 penalty units. 31. Offence to use documentation issued to licence holders (1) A person must not— (a) write on; or (b) otherwise use in any way; or (c) be in possession of— an abalone docket, abalone docket book, abalone transfer certificate, bin tag, small sales return, r. 30 -- 51 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 49 stock record or stock record book or any copy of those documents. Penalty: 20 penalty units. (2) Sub-regulation (1) does not apply to a person who is the holder of— (a) an abalone licence; or (b) an abalone processor’s licence; or (c) an abalone storer’s licence— who uses, is in possession of, or writes on, an abalone docket, abalone transfer certificate, bin tag, small sales return, stock record or stock record book or copies of those documents in connection with the possession, control, conveyance, sale, marketing or transport of abalone in accordance with these Regulations. (3) Sub-regulation (1)(c) does not apply to a person who— (a) possesses the duplicate copy of an abalone transfer certificate accompanying abalone purchased or obtained from the holder of an abalone processor’s licence or an abalone storer’s licence in accordance with these Regulations; or (b) has been the holder of an abalone licence, an abalone processor’s licence or an abalone storer’s licence and who possesses copies of abalone dockets, abalone transfer certificates, small sales returns, stock records or stock record books completed by them while they held the licence; or (c) has held an abalone licence that has been transferred, cancelled or suspended, who possesses, controls or conveys unused abalone dockets, copies of dockets, abalone r. 31 -- 52 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 50 docket books or bin tags issued to them while they held the licence; or (d) has held an abalone processor’s licence or an abalone storer’s licence, that has been transferred, cancelled or suspended and who possesses, controls or conveys unused abalone transfer certificates, small sales returns or copies of those documents or stock records or stock record books issued to them while they held the licence. (4) A person referred to in sub-regulation (3)(c) must return to the Secretary all unused abalone dockets and copies of those dockets and all abalone docket books and bin tags issued to them within 48 hours after the date of transfer, cancellation or suspension of the licence. Penalty: 20 penalty units. (5) A person referred to in sub-regulation (3)(d) must return to the Secretary all unused abalone transfer certificates, small sales returns and copies of those documents and all stock records and stock record books issued to them within 48 hours after the date of transfer, cancellation or suspension of the licence. Penalty: 20 penalty units. 32. Secretary’s obligations and powers (1) The Secretary may approve a place to be an approved weighing station for the purposes of these Regulations. (2) The Secretary must notify in writing each holder of an abalone licence, an abalone processor’s licence or an abalone storer’s licence of— (a) the telephone service and number to be used to notify the Secretary of the specified details in relation to abalone; and r. 32 -- 53 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 51 (b) the telephone number to be used to contact the Secretary if the Secretary’s confirmation is not received or for any other purpose required by these Regulations; and (c) the locations and trader identification numbers of all approved weighing stations; and (d) any changes to those services, locations or numbers. (3) In respect of each notification by the holder of an abalone licence, an abalone processor’s licence or an abalone storer’s licence via the notification service— (a) the Secretary must make all reasonable efforts to give the licence holder a written notice containing the specified details provided by the licence holder to the notification service and an 8 digit confirmation number by facsimile transmission within 15 minutes after the time recorded by the notification service; and (b) if— (i) a licence holder has not received the notice within 15 minutes after the time provided by the notification service; or (ii) if the details in the Secretary’s confirmation are inaccurate— the Secretary may authorise the licence holder to proceed with processing or consigning the abalone (as appropriate) without receiving that notice and issue the licence holder with a confirmation number. (4) Sub-regulation (3)(a) does not apply if the Secretary determines that— r. 32 -- 54 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 52 (a) there are reasonable grounds for believing that the licence holder has failed to comply with these Regulations; or (b) an inspection of the licensed premises or the abalone under section 48 of the Act is required. (5) The Secretary may give approval in writing to a licence holder to an extension of the period required to comply with regulation 20(1)(f), 21(1)(b), 21(2)(a), 25(1)(b) or 25(2)(a) for the period specified in the approval in respect of any transaction specified in the approval. 33. Secretary may request stock record or small sales return to be completed (1) The Secretary, at any reasonable time, but no more than 6 times in any 12 month period, may request in writing the holder of an abalone processor’s licence to complete a stock record in accordance with regulation 23(1)(c). (2) The Secretary, at any reasonable time, may request in writing the holder of an abalone processor's licence to complete a small sales return in accordance with regulation 22(b). (3) The Secretary, at any reasonable time, but no more than 6 times in any 12 month period, may request in writing the holder of an abalone storer’s licence to complete a stock record in accordance with regulation 27(1)(c). r. 33 -- 55 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 53 34. Matters prescribed for purposes of section 13D of Act For the purposes of section 13D of the Fisheries Act 1968— (a) the prescribed details are the details specified in the abalone docket; and (b) the prescribed abalone docket is a docket in the form of Schedule 2 issued in an abalone docket book by the Secretary to the holder of an abalone licence; and (c) the procedure for dealing with the abalone docket is as set out in regulations 17, 18, 19 and 20. 35. Exemption from requirement to hold an abalone storer’s licence (1) Despite anything to the contrary in section 17 of the Act, a person who, in the circumstances specified in sub-regulation (2)— (a) stores abalone (but does not otherwise prepare or process it); or (b) possesses abalone that has been packaged or processed on premises licensed to process abalone under the Act; or (c) moves packages of processed abalone from one container to another container— is exempt from having to hold an abalone storer’s licence under section 13 of the Act. (2) For the purposes of sub-regulation (1), the specified circumstances are as follows— (a) the abalone was legally obtained or possessed within Victoria and the abalone— (i) is in a quantity equal to or less than that specified in Table 1 of Schedule 4 and r. 34 -- 56 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 54 is accompanied by a receipt in accordance with regulation 29 that is less than 60 days old; or (ii) is in a quantity more than that specified in Table 1 of Schedule 4 and is accompanied by a receipt in accordance with regulation 29 that is less than 72 hours old; or (b) if the abalone is in a quantity not more than that specified in Table 2 of Schedule 4, accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate that was completed not more than 60 days previously; or (c) if the abalone is in a quantity more than that specified in Table 2 of Schedule 4 and is accompanied by the completed duplicate and triplicate copies of an abalone transfer certificate which was completed not more than 72 hours previously; or (d) if— (i) the abalone was legally obtained in a place outside Victoria; and (ii) the abalone entered Victoria not more than 72 hours previously; or (e) if the person is acting in accordance with an authority of the Secretary issued under regulation 7(4). (3) In this regulation, “abalone” means any abalone, whether taken from Victorian waters or other waters. r. 35 -- 57 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 55 36. Exemption from requirement to hold an abalone processor’s licence (1) Despite anything to the contrary in section 17 of the Act, a person who in the course of preparing a meal cleans, cooks or otherwise prepares legally taken abalone for inclusion in that meal, is exempt from having to hold an abalone processor’s licence under section 13 of the Act. (2) In this regulation, “abalone” means any abalone, whether taken from Victorian waters or other waters. 37. Revocations and amendments (1) The Regulations listed in Schedule 1 are revoked to the extent specified in that Schedule. (2) For the Table in regulation 23 of the Fisheries (Recreational) Regulations 1992, substitute— "TABLE Species Area Minimum Length (cm) Rock Lobster Male Female All Victorian Waters 11 10.5 Spiny freshwater crayfish Glenelg River system All other Victorian waters 10 9 ". (3) In the Table in regulation 25 of the Fisheries (Recreational) Regulations 1992, omit— “Abalone (all species) throughout Victoria 10 (of which no more than 2 may be Greenlip abalone)”. r. 36 -- 58 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 56 (4) In regulation 33 of the Fisheries (Commercial) Regulations 1992, omit “or an abalone processor’s licence” (wherever occurring). __________________ r. 37 -- 59 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 57 SCHEDULES SCHEDULE 1 REGULATIONS REVOKED S.R. No. Title Extent of revocation 110/88 Fishing (Abalone ) Regulations1988 Whole 116/88 Fishing (Abalone) (Amendment No. 1) Regulations 1988 Whole 36/89 Fishing (Abalone) (Amendment No. 1) Regulations 1989 Whole 151/92 Fisheries (Recreational) Regulations 1992 Regulations 24(a) and 27A 152/92 Fisheries (Commercial) Regulations 1992 Regulations 19A, 20(2) and Forms 28 and 29 in Schedule 3 156/92 Fisheries (Abalone) Regulations 1992 Whole 55/93 Fisheries (Commercial) (Amendment) Regulations 1993 Whole 208/93 Fisheries (Greenlip Abalone) Regulations 1993 Whole 37/1995 Fisheries (General Amendments) Regulations 1995 Whole __________________ Sch. 1 -- 60 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 58 SCHEDULE 2 ABALONE DOCKET Diver Number Serial Number PART A—RESOURCE MANAGEMENT—TO BE COMPLETED BY LICENSED ABALONE DIVER Dive date (to be completed only if different from date of landing in Part B) Enter estimated diving time— Enter estimated weight of abalone in kilograms— Reef Code Hours Minutes Species other than greenlip Greenlip _____________________________________________________________ __________________________________________ PART B— QUOTA MANAGEMENT— TO BE COMPLETED BY LICENSED ABALONE DIVER Time of landing__________am/pm on ____________________(date) Boat Registration_______________________________________________ Place of landing________________________________________________ Full Name of Deckhand__________________________________________ Number of bins of abalone landed Total tare weight (in kilograms) of bins (including bins lids and bin inserts) containing all abalone landed ________ ___________________ number enter number of bins in words ________ _________________ tare weight enter tare weight in words Serial numbers of bin tags affixed to bins of abalone landed— ____________________________________________________________ Full name of person or carrier transporting abalone____________________ Abalone is to be delivered to______________________________________ (full name of licensed abalone processor or, if abalone being transferred or delivered interstate, name and address of person to whom the abalone is to be delivered) I certify that the information provided in Parts A and B of this docket is true and correct in every detail. Signed ______________________________________________________ Date ________________________________________________________ Sch. 2 -- 61 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 59 PART C—QUOTA MANAGEMENT—TO BE COMPLETED BY LICENSED ABALONE DIVER ONLY IF TRANSFERRING ABALONE OUTSIDE VICTORIA Trader identification number of approved weighing station______ Gross weight of abalone______kg Gross weight of abalone in words _____________________kilograms Notification service details— _____________ _________ Receipt number Time quoted Confirmation Number__________ I certify that the information provided in Part C of this docket is true and correct in every detail Signed __________________________Dated_______________________ PART D—TO BE COMPLETED BY LICENSED ABALONE PROCESSOR Notification Service Details_____________ ___________ Receipt Number Time Quoted Confirmation Number________ Abalone first received by_________________________________________ (name of holder of abalone processor’s licence) at ___________________________________________________________ (location where abalone first received. If abalone first received at licensed premises specified below, enter “licensed premises”) Time of receipt______________________on _______________(date). Full name of person or carrier transporting abalone____________________ Time and date abalone entered licensed premises________________am/pm on ______________________________________ Address of premises specified in licence____________________________ Trader identification number_____________________________________ Total gross weight of unshucked abalone (in kilograms)_____________ weight __________________ enter gross weight in words I certify that the information provided in Part D of this docket is true and correct in every detail Signed __________________________(print name)__________________ Dated___________________________ __________________ Sch. 2 -- 62 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 60 SCHEDULE 3 ABALONE TRANSFER CERTIFICATE Serial Number PART A—To be completed by holder of abalone processor’s or storer’s licence when consigning abalone. (i) Licensee Details Name of licensee and address of licensed premises from which abalone were consigned or sent: Trader identification number of premises specified in licence (ii) Receiver Details Name and address of person to whom abalone are to be consigned or sent: *Trader identification number......................................; or *AQIS Registration Number (if applicable)........................ (iii) Abalone Details Receptacles Number Type Product Description Species Net Weight (kg) Total net weight of all abalone (in figures)............................(kg) Total net weight of all abalone (in words).............................. ................................................................................................(kg) (iv) Transport Details Full name of person or carrier transporting abalone ............................................................................. Make and registration number of transport vehicle. ............................................................................. Planned date & time of consignment leaving premises .....................(time)*am/pm on (date)............................. (v) Notification Details Receipt Number .............................. and time quoted by Notification Service....................................am/pm Confirmation number provided by Secretary ..................................................................... Sch. 3 -- 63 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 61 I .................................................... certify that the (print name) information provided in Part A of this certificate is true and correct in every detail. Signed .................................. Date ............................ PART B - To be completed by holder of abalone processor’s or storer’s licence when receiving abalone. (i) Licensee Details Name of licensee and address of licensed premises where abalone are received: Trader identification number of premises specified in licence (ii) Consignor Details Name and address of person from whom abalone were consigned or sent (not transporter): *Trader identification number (if applicable)......................................; or *AQIS Registration Number (if applicable)........................ (iii) Abalone Details Receptacles Number Type Product Description Species Net Weight (kg) Total net weight of all abalone (in figures).............................(kg) Total net weight of all abalone (in words).............................. ....................................................................................(kg) (iv) Transport Details Full name of person or carrier who delivered abalone ............................................................................. Make and registration number of transport vehicle. ............................................................................. Date & time of receipt of abalone .....................(time)*am/pm on (date)............................. Sch. 3 -- 64 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 62 (v) Notification Details Receipt Number .............................. and time quoted by Notification Service....................................am/pm Confirmation number provided by Secretary ..................................................................... I .................................................... certify that the (print name) information provided in Part B of this certificate is true and correct in every detail. Signed .................................. Date ............................ *Delete if inapplicable. __________________ Sch. 3 -- 65 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 63 SCHEDULE 4 QUANTITIES OF ABALONE FOR PURPOSES OF REGULATIONS 7(3), 22 AND 35(2) Table 1 Column 1 Column 2 Column 3 A total of 5 kilograms of abalone, but not exceeding the individual limits specified in column 2 in respect of abalone in the forms specified in column 3 5 kilograms 2 kilograms 2 kilograms net (or drained) weight 1 kilogram Unshucked abalone Shucked (but not further processed) abalone Canned abalone All other forms of abalone combined Table 2 Column 1 Column 2 Column 3 A total of 50 kilograms of abalone, but not exceeding the individual limits specified in column 2 in respect of abalone in the forms specified in column 3 50 kilograms 15 kilograms 15 kilograms net (or drained) weight 5 kilograms Unshucked abalone Shucked (but not further processed) abalone Canned abalone All other forms of abalone combined __________________ Sch. 4 -- 66 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 64 SCHEDULE 5 APPLICATION FOR ISSUE OF NEW ABALONE LICENCE BY PUBLIC TENDER I apply for an abalone licence for the ...............................................Zone Name of Applicant...................................................................................... Residential Address..................................................................................... Postal Address............................................................................................. Telephone No.(residential) ......................................................................... (business or mobile—if applicable).............................................................. In accordance with regulation 10 of the Fisheries (Abalone) Regulations 1996, I enclose— (a) the amount of $.......................being the impost imposed under section 15(1) of the Fisheries Act 1968 and the surcharges imposed by sections 15(5) and 15(6) of that Act; and (b) a report of the medical examination under section 13A(5) of the Fisheries Act 1968; and (c) the tender bid. Insert details of all prior convictions recorded against the applicant under the Crimes Act 1958, the Fisheries Act 1968, or any corresponding Act of any State or a Territory or the Commonwealth. Specify— (a) the year/s of the conviction/s................................................................. .................................................................................................................... (b) the offence/s in respect of which the conviction was recorded................ .................................................................................................................... .................................................................................................................... .................................................................................................................... (c) the court in which the conviction was recorded...................................... .................................................................................................................... (d) the penalty imposed............................................................................... .................................................................................................................... Sch. 5 -- 67 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 65 Signature of applicant:.......................................................... Date:..................................................... __________________ Sch. 5 -- 68 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 66 SCHEDULE 6 APPLICATION FOR TRANSFER OF NEW ABALONE LICENCE We apply to transfer an abalone licence. The amount of $10,000, being the impost imposed under section 13A (9) of the Fisheries Act 1968, is enclosed. Transferee details Name of Applicant...................................................................................... Residential Address..................................................................................... Postal Address............................................................................................. Telephone No.(residential) ......................................................................... (business or mobile—if applicable).............................................................. In accordance with regulation 11 of the Fisheries (Abalone) Regulations 1996, I enclose a report of the medical examination under section 13A(5) of the Fisheries Act 1968. Insert details of all prior convictions recorded against the applicant under the Crimes Act 1958, the Fisheries Act 1968, or any corresponding Act of any State or a Territory or the Commonealth. Specify— (a) the year/s of the conviction/s................................................................. ................................................................................................................... (b) the offence/s in respect of which the conviction was recorded................ .................................................................................................................... .................................................................................................................... (c) the court in which the conviction was recorded...................................... .................................................................................................................... (d) the penalty imposed............................................................................... .................................................................................................................... Signature of applicant:.......................................................... Date:..................................................... Sch. 6 -- 69 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 67 Transferor details Name of Applicant..............................................Diver number................... Residential Address..................................................................................... Postal Address............................................................................................. Signature of applicant:.......................................................... Date:..................................................... __________________ Sch. 6 -- 70 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 68 SCHEDULE 7 APPLICATION FOR TRANSFER OF DECLARED ABALONE LICENCE We apply to transfer an abalone licence. The amount of $10,000, being the impost imposed under section 13A (9) of the Fisheries Act 1968, is enclosed. Transferee details Name of Applicant....................................................................................... Residential Address..................................................................................... Postal Address............................................................................................. Telephone No.(residential) .......................................................................... (business or mobile—if applicable)............................................................... In accordance with regulation 12 of the Fisheries (Abalone) Regulations 1996, I enclose a report of the medical examination under section 13A(5) of the Fisheries Act 1968. Insert details of all prior convictions recorded against the applicant under the Crimes Act 1958, the Fisheries Act 1968, or any corresponding Act of any State or a Territory or the Commonwealth. Specify— (a) the year/s of the conviction/s.................................................................. .................................................................................................................... (b) the offence/s in respect of which the conviction was recorded................ .................................................................................................................... .................................................................................................................... (c) the court in which the conviction was recorded...................................... .................................................................................................................... (d) the penalty imposed............................................................................... .................................................................................................................... Signature of applicant:.......................................................... Date:..................................................... Sch. 7 -- 71 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 69 Transferor details Name of Applicant..............................................Diver number................... Residential Address..................................................................................... Postal Address............................................................................................. Signature of applicant:.......................................................... Date:..................................................... __________________ Sch. 7 -- 72 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 70 SCHEDULE 8 APPLICATION FOR TRANSFER OF INDIVIDUAL CATCH QUOTA UNITS I apply for approval to transfer to................................................................. (name of transferee) .........................................................individual catch quota units held by— (insert number of units) .................................................................................................................... (name of transferor) In accordance with regulation 13 of the Fisheries (Abalone) Regulations 1996, I enclose the amount of $........................ Transferor details Transferee details Name: Residential address: Telephone No.(residential) (business or mobile - if applicable) Date of birth: Quantity of abalone (in kilograms) taken for quota year : Specify year: Signature: Date: __________________ Sch. 8 -- 73 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 71 SCHEDULE 9 APPLICATION FOR ABALONE PROCESSOR’S LICENCE I/We apply for an abalone processor’s licence— Name of Applicant....................................................................................... Nominee of Company (if the applicant is a company)................................... Postal Address............................................................................................. Residential Address..................................................................................... Telephone No.(residential) ......................................................................... (business or mobile—if applicable).............................................................. Please tick appropriate box(es) Are the premises registered with the Commonwealth Department of Primary Industries and Energy (DPIE) for the processing and export of abalone? (yes) (no) (If yes, attach copy of DPIE certificate) Insert details of all prior convictions recorded against the applicant under the Crimes Act 1958, the Fisheries Act 1968, or any corresponding Act of any other State or a Territory or the Commonwealth. If the applicant is a company, include all prior convictions against the nominee, the company and any office bearers of the company whether or not such convictions were incurred as an office bearer of a company or as an individual. Specify—- (a) the person/s against whom the conviction was recorded......................... .................................................................................................................... .................................................................................................................... (b) the year/s of the conviction/s................................................................. .................................................................................................................... (c) the offence/s in respect of which the conviction was recorded................. .................................................................................................................... .................................................................................................................... .................................................................................................................... Sch. 9 -- 74 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 72 (d) the court in which the conviction was recorded...................................... .................................................................................................................... (e) the penalty imposed............................................................................... .................................................................................................................... Address of premises:.................................................................................... .................................................................................................................... Signature of applicant: Date: __________________ Sch. 9 -- 75 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 73 SCHEDULE 10 APPLICATION FOR ABALONE STORER’S LICENCE I/We apply for an abalone storer’s licence— Name of Applicant....................................................................................... Nominee of Company (if the applicant is a company).................................. Postal Address............................................................................................. Residential Address..................................................................................... Telephone No.(residential) .......................................................................... (business or mobile—if applicable).............................................................. Please tick appropriate box(es) Are the premises registered with the Commonwealth Department of Primary Industries and Energy (DPIE) for the export of abalone?(yes) (no) (If yes, attach copy of DPIE certificate) Insert details of all prior convictions recorded against the applicant under the Crimes Act 1958, the Fisheries Act 1968, or any corresponding Act of any other State or a Territory or the Commonwealth. If the applicant is a company, include all prior convictions against the nominee, the company and any office bearers of the company whether or not such convictions were incurred as an office bearer of a company or as an individual. Specify— (a) the person/s against whom the conviction was recorded......................... .................................................................................................................... .................................................................................................................... (b) the year/s of the conviction/s................................................................. .................................................................................................................... (c) the offence/s in respect of which the conviction was recorded................ .................................................................................................................... .................................................................................................................... .................................................................................................................... (d) the court in which the conviction was recorded...................................... .................................................................................................................... Sch. 10 -- 76 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 74 (e) the penalty imposed............................................................................... .................................................................................................................... Address of premises:.................................................................................... .................................................................................................................... Signature of applicant: Date: __________________ Sch. 10 -- 77 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 75 SCHEDULE 11 SERIAL NUMBER SMALL SALES RETURN To be completed by holder of an abalone processor’s licence Name...................................................................................................... Trader identification number.................................................................. Address.................................................................................................. ................................................................................................................ Date of sale Receipt number Net weight of abalone sold Description of abalone sold I certify that the information provided in this Return is true and correct in every detail. Signed.................................................................................................... Print Name............................................................................................. Dated...................................................................................................... _____________________________________________________________ __________________ Sch. 11 -- 78 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 76 SCHEDULE 12 Serial Number LICENSED ABALONE PROCESSOR’S AND STORER’S STOCK RECORD Total stocks of all abalone held by holder of *abalone processor’s licence/*abalone storer’s licence Full name of licence holder (in block letters).......................................... Trader identification number ............................ Record completed at .................am/pm on......../......../........(date). Enter details relating to all abalone product types except canned abalone) Description of abalone eg. live, frozen, parboiled, retort, chilled, dried Species of abalone Net weight (kg) of abalone described Enter details relating to canned abalone products Canned abalone Drained weight (grams) Number of cans of each species of abalone (pieces of abalone per can) of abalone per can Sch. 12 -- 79 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 77 Canned abalone in other forms Drained weight (grams) Number of cans of each species of abalone I certify that the information provided in this inventory is true and correct in every detail. Signed ........................................................ Date ....../........./....... NAME........................................................................... _____________________________________________________________ *delete whichever is inapplicable ═══════════════ Sch. 12 -- 80 of 81 -- S.R. No. 26/1996 Fisheries (Abalone) Regulations 1996 78 NOTES 1 The eastern zone and the central zone are declared zones by virtue of the Fishing (Abalone) (Eastern Zone) Regulations 1988 (S.R. No. 111/1988) and the Fishing (Abalone) (Central Zone) Regulations 1988 (S.R. No. 112/1988), respectively. 2 At the time of making these Regulations, a reference to Victorian waters includes (as provided for in section 3(5) of the Act) the waters that are subject to an Arrangement between the Commonwealth and the State of Victoria in relation to the abalone fishery, made under Part 1A of the Act and the Commonwealth Fisheries Act 1952 and published in Commonwealth Government Gazette No. S. 109 on 14 April 1988 (page 20). 3 Refer to regulation 17(1)(d), which prohibits the holder of an abalone licence from shucking abalone at sea and landing shucked abalone. 4 See note 2. 5 See note 2. 6 Part A of the abalone docket must also be completed before signing part B of the docket and forwarding to the Secretary. Refer to regulation 28. 7 For the purposes of this regulation, the specified details are the details specified in paragraph (a) of the definition in regulation 4. 8 See note 6. 9 For the purposes of this regulation, the specified details are the details specified in paragraph (b) of the definition in regulation 4. 10 For the purposes of this regulation, the specified details are the details specified in paragraph (c) of the definition in regulation 4. 11 See note 10. 12 For the purposes of this regulation, the specified details are the details specified in paragraph (d) of the definition in regulation 4. 13 See note 2. 14 See note 10. 15 See note 10. 16 See note 12. 17 See note 2. -- 81 of 81 --