Document ID: chunk:federal_register_of_legislation:F2021L00317:reg:3:p2
Version: federal_register_of_legislation:F2021L00317
Segment Type: reg
Provision Reference: reg 3 (pt 2/24)
Character Range: 182683–185301

Division
 (1) For the purposes of subsection 255(2) of the Act, this Division makes provision for and in relation to certain matters relating to official marks specified in Division 1 of this Part for fish or fish products that are intended to be exported.
Note: A person may commit an offence or be liable to a civil penalty if the person engages in conduct that contravenes a provision in this Division (see section 258 of the Act). Other provisions in Division 3 of Part 3 of Chapter 8 of the Act provide offences and civil penalty provisions relating to false, misleading or deceptive official marks.
 (2) Sections 8‑15 to 8‑19 do not apply in relation to an official mark specified in section 8‑12.

8‑14  Interpretation

When an official mark is applied to fish or fish products
 (1) For the purposes of this instrument, an official mark is applied to fish or fish products if the official mark is:
 (a) applied directly to the fish or fish products, their packaging or any covering containing the fish or fish products; or
 (b) applied to anything attached to the fish or fish products, their packaging or any covering containing the fish or fish products; or
 (c) inserted into anything in which the fish or fish products are packaged or any covering containing the fish or fish products.

References to particular official marks
 (2) In this Division, a reference to a particular official mark is a reference to the official mark with that description specified in Division 1 of this Part.

8‑15  Persons who may manufacture or supply official marks for fish or fish products
  A person may manufacture or supply an official mark for fish or fish products only if:
 (a) the person is an authorised officer; or
 (b) the manufacture or supply of the official mark by the person is:
 (i) covered by an approved arrangement; or
 (ii) in accordance with a direction given by an authorised officer; or
 (c) the Secretary has given the person a written approval to manufacture or supply the official mark at a specified registered establishment and in relation to specified fish or fish products, and the manufacture or supply is in accordance with that approval.

8‑16  Persons who may possess official marks that have not been applied to fish or fish products
  A person may possess an official mark for fish or fish products that has not been applied to any fish or fish products only if:
 (a) the person is permitted to manufacture or supply the official mark under section 8‑15 or to apply the official mark under section 8‑17; or
 (b) the person is an authorised officer; or
 (c) the possession of the official