A Caution on sales dockets

This email was kindly shared by Chris Thompson, Director and Solicitor of Law Essentials

Hello FISHERS and WHOLESALE BUYERS,

I was in court recently representing a FISHER charged with 14 x s.118 offences relating to his dockets not being completed correctly.  He pleaded guilty to the lot, as the regulations are very specific as to what is needed on each sale docket.  Ken Weston was the FISHER’s name and he is happy for me to mention his name in this email in the hope that it helps some of his fishing industry colleagues  – so thanks Ken!

The purpose of this email is to hopefully help the FISHERS/BUYERS and also Boating & Fisheries officers going forward with interpretation and using reasonable discretion when inspecting your dockets.

Over the last 12 months or so, I have seen many dockets from fishers AND ALSO dockets from bigger wholesale BUYERS, that simply DO NOT comply with ALL of the regs.

Because they do not comply, that is lining those businesses up to be prosecuted by Boating & Fisheries.  I therefore recommend you read very carefully, EVERY step below because this is exactly what you need on the sales dockets.

This is general advice to help the fishing industry.  You should always read the full legislation yourself of course to verify.  The requirements may change to a degree with the current discussion paper in play, however from NOW until any change, this is the law.

I have shown this “cheat sheet” to Greg Bowness of Boating & Fisheries who has said he is happy with the content also. 

One issue Ken had, was writing the name of the business he was selling to correctly on the dockets.   He wrote “Fishos” on his docket when the actual name was “Fishes at the Point”.  The actual legal name of Fishes at the Point is “Fishes at the Point as trustee for Fishes at the Point Trust”.  The Boating & Fisheries officer at court (before we went in) was saying to me that it should be the entire legal name.  So he was saying that it should be “Fishes at the Point as trustee for Fishes at the Point Trust”.  I told him that was ridiculous and not what the legislation says in any event.  The legislation simply says “the name of the buyer”.  Clearly the point of the legislation requirement is to provide a name of the buyer that is obvious as to who it is

So “Fishes at the Point” would be all that is required, rather than having to state “as trustee for…”.  In my view in this example, even saying simply “Fishes” should be all that is required PROVIDED HOWEVER that the details required under the regs is also included on the docket.  That way, there can be only one place where the product was sold – no dispute – no grounds to prosecute.    I therefore simply asked Greg Bowness whether B&F would simply be content with a name of the buyer (and accreditation number or address etc) that can only mean one place.

 So as an example, I proposed that the following is enough for the purposes of the regs:-

 

  1. Urangan Fisheries – 860 Boat Harbour Drive, Hervey Bay
  2. Fishes – 15 East Coast Road, Point Lookout
  3. Maddigans – 401 Esplanade, Hervey Bay
  4. Boat Harbour Fisheries (or BHF) – Jetty Street, Hervey Bay

 

So the above is OK as there can be no confusion where those businesses are if Boating & Fisheries need to inspect.

 

Below is the list (in as simple as possible terms) that will amount to a LEGAL docket.  If you do not have all of this, then be prepared to cop a fine.  I have attached as an easy print document too if it helps.

PLEASE SEND THIS EMAIL TO ANYONE YOU THINK MIGHT BENEFIT FROM IT.

WHAT YOU NEED ON ALL OF YOUR DOCKETS WHEN SELLING/BUYING SEAFOOD

 

  1. The NAME of the BUYER
  2. The accreditation number of the BUYER under the seafood safety scheme or if  not accredited The ADDRESS of the BUYER
  3. The NAME of the SELLER
  4. The  AUTHORITY NUMBER of the SELLER under which the fish were taken/sold. (Commercial Fishing Boat Licence and Commercial fisher Licence)

Or; if cultivated; the Development Approval number of the SELLER

  1. The DATE of the sale
  2. The Relevant QUANTITY Particulars plus the FORM of each SPECIES

CRFF:                   Weight and form for each species (whole / gilled and gutted / filleted / another form).

Live CRFF:           Number of each species

Spanish Mack:   Weight and form (whole / gilled and gutted / filleted / trunked / another form)

All Other Fish:   Weight or number and form of each species. (whole / gilled and gutted / filleted / trunked / another form)

Eg:- School Mackerel – 50kgs – fillets

        Diamond Scaled Mullet – 100kgs – whole

        Mud Crab – 20 crabs – live

  1. The TOTAL quantity (by weight or number) of all the species Combined
  2. The SELLER must sign the sales docket.
  3. IF THE BUYER HAS COMPLETED THE DOCKET FOR THE FISHER, THEN PROVIDED ALL OF THE ABOVE IS ON THE DOCKET, THEN THE FISHER CAN SIMPLY SIGN THE DOCKET AND BOTH FISHER and BUYER KEEP A COPY

 

  • THE FISHER AND THE WHOLESALE BUYER MUST KEEP THE DOCKETS FOR 5 YEARS
  • The BUYER must keep the docket available for immediate inspection whilst the fish are in their possession.
  • The SELLER must ensure the sales docket accompanies the product if it is consigned to the BUYER.

 Regards 

CHRIS THOMPSON | Director/Solicitor

chris@lawessentials.net.au | www.lawessentials.net.au