(1)  A person who obtains fish for the purpose of sale or purchases fish from a fish merchant for the purpose of resale must –

(a) obtain a signed receipt containing the information specified in subrule (2) ; and

(b) keep the receipt on the premises where the fish are held until sold; and

(c) retain that receipt in good condition for a period of not less than 5 years after the date of obtaining it; and

(d) if required to do so by a fisheries officer, produce that receipt for examination within the specified period.

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(2)  A receipt must contain the following information:

(a) the name and address of the person from whom the fish were obtained or who sold the fish;

(b) the date of sale of the fish or the date the fish were received;

(c) the species or a recognised common name of the fish;

(d) the quantity or weight of each species of fish.

(3)  A person who is not authorised to take a kind or species of fish for sale must not have possession of that kind or species of fish for the purpose of sale or resale unless the person has a receipt referred to in subrule (1) .

Penalty:  Fine not exceeding the applicable Grade 2 penalty.

(4)  Subrule (1) does not apply to abalone purchased from the holder of a fishing licence (abalone dive).

(5)  Subrule (3) does not apply to the following:

(a) rock lobster in the possession of the holder of –

(i) a fishing licence (rock lobster); or

(ii) a handling licence; or

(iii) a fish processing licence endorsed to process rock lobster;

(b) giant crab in the possession of the holder of –

(i) a fishing licence (giant crab); or

(ii) a fishing licence (rock lobster); or

(iii) a fish processing licence endorsed to process giant crab if the giant crab are received from the holder of a fishing licence (giant crab);

(c) abalone in the possession of the holder of a fishing licence (abalone dive) or a person who purchases those abalone from the holder of that licence;

(d) scallops in the possession of the holder of –

(i) a fishing licence (scallop); or

(ii) a fish processing licence endorsed to process scallops;

(e) fish of any other kind or species in the possession of the holder of a fishing licence (personal);

(f) fish bred, reared, grown or taken under a marine farming licence or permit relating to marine farming and in the possession of the holder of that licence or permit.

(6)  It is a defence in any proceedings for an offence under subrule (3) for a person to prove that the fish were obtained directly from a person who carries on the business of selling fish outside Tasmania.