CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 4BA   IMPORTATION OF GOODS SPECIFIED IN SCHEDULE 3A (TOOTHFISH)  

4BA(1)    
This regulation applies to fish of a species specified in Schedule 3A (except fish that are, by virtue of section 131A of the Act, not subject to customs control), whether fresh, frozen, smoked, preserved in airtight containers or in any other form.

4BA(2)    
The importation into Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:

(a) a permission in writing to import the fish has been granted by the Minister or an authorised officer; and

(b) the permission is produced to the Collector.

4BA(3)    
If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:

(a) the authorised officer must refer the application to the Minister; and

(b) the Minister may grant, or refuse to grant, the permission.

4BA(4)    
A permission may specify:

(a) conditions or requirements to be complied with by the holder of the permission; and

(b) when the holder must comply with a condition or requirement, whether before or after the importation of the fish to which the permission relates.

4BA(5)    
If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.

4BA(6)    
The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.

4BA(7)    
In this regulation:

authorised officer
means an officer within the meaning of subsection 4(1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation.

Minister
means the Minister administering the Fisheries Management Act 1991 .