Legislative Assembly for the ACT: 2010 Week 12 Hansard (28 October) . . Page.. 5381..
Animals—protection (Question No 1197)
Ms Le Couteur asked the Minister for Territory and Municipal Services, upon notice, on 23 September 2010 (redirected to the Acting Minister for Territory and Municipal Services):
(1) What laws/regulations govern the keeping of live fish, crabs and lobsters in restaurants.
(2) What laws/regulations govern the keeping of live fish and other aquatic animals for sale in pet stores, markets or other places of sale.
(3) What do the above laws/regulations require.
(4) What mechanisms does the ACT Government use to inspect and enforce these rules.
(5) Is the Government doing any updating of these regulations/laws, and when did it last review if they were appropriate.
Mr Corbell: The answer to the member's question is as follows:
(1) The code of practice for the sale and breeding of animals in the ACT is currently under review. This code will also cover the sale of animals including cephalopods and crustaceans. The Code has been referred to the Animal Welfare Advisory Committee for further consideration.
(2) Part 2 of the Pest, Plants and Animals Act 2005 make it an offence to supply or dispose of a prohibited pest animal in any circumstances. Schedule 1 to Disallowable Instrument DI2005-255 list a number of fish as prohibited pest animals. The Fisheries Act 2000 regulates the sale and taking of fish by commercial fisherman and the keeping of fish under a Scientific Licence. This Act also creates an offence to import/export live fish without a licence.
(3) It is an offence to supply or dispose of a prohibited pest animal in any circumstances.
A commercial fishing licence is required for taking of fish from public waters for the purpose of sale or processing. Pet stores that sell live fish are required to obtain a licence to import live fish into the ACT under the Fisheries Act 2000. Only fish which are listed on the List of specimens taken to be suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are permitted to be imported into Australia.
A Scientific Licence is required for the taking of fish for research, teaching purposes or museum or aquarium purposes. Taking/keeping fish not nominated in this licence is an offence.
An import/export licence is required for bringing fish into or removing fish from the ACT.
A priority species licence is required to possess/sell/receive or process priority species - 100 or more abalone and 20 or more rock lobster.