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This is a Bill, not an Act. For current law, see the Acts databases.
FISHERIES AMENDMENT BILL 2006
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Territory and Municipal
Services)
Fisheries
Amendment Bill 2006
Contents
Page
2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for the Territory and Municipal
Services)
Fisheries Amendment
Bill 2006
A Bill for
An Act to amend the
Fisheries Act 2000, and
for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Fisheries Amendment Act 2006.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Fisheries Act 2000.
Note This Act also amends the Fisheries Regulation 2001 (see
s 24).
4 Kinds
of licencesNew section 19
(d)
in division 4.1, insert
(d) priority species licences.
in division 4.1, insert
22A Priority species licences
A priority species licence authorises the licensee to do 1 or more of the
following in relation to a commercial quantity of fish of a priority
species:
(a) sell the fish;
(b) possess or gain possession or control of the fish for sale;
(c) receive the fish;
(d) process the fish.
6 Import
and export licences—relevant
considerationsSection 28 (1)
(d)
omit
section 16, 17 or 21
substitute
section 33, section 34 or section 38
insert
28A Issue of priority species licences—relevant
considerations
(1) In deciding whether to issue a priority species licence, the
conservator must consider—
(a) whether the applicant has been convicted, or found guilty, of an
offence against this Act, the Nature Conservation Act 1980, part 4, or a
law of a State corresponding to this Act or that part; and
(b) how fish of a priority species would be stored and transported;
and
(c) the impact of issuing the licence on the availability of fish of a
priority species.
(2) Subsection (1) does not limit the matters the conservator may consider
in deciding whether to issue a priority species licence.
8 Terms
of licencesSection 29
(2)
substitute
(2) A scientific licence and a priority species licence are issued for the
term of not longer than 3 years stated in the licence.
substitute
46 Commercial fishers, priority species licence
holders and fish dealers to make records
insert
(1A) The holder of a priority species licence must—
(a) make a record of all fish of a priority species the holder receives or
sells; and
(b) if a direction is in force under subsection (4) in relation to the
record—make the record in accordance with the direction.
Maximum penalty: 50 penalty units.
insert
(2A) Subsections (1), (1A) and (2) apply whether or not—
(a) the fish were sold to a purchaser within the ACT; or
(b) the fish were taken from waters in the ACT.
omit
under subsection (1) or (2)
substitute
under subsection (1), (1A) or (2)
substitute
47 Keeping of records by commercial fishers, priority
species licence holders and fish dealers
insert
(1A) If a person makes a record as required under section 46 (1A), the
person must keep the record for at least 5 years.
Maximum penalty: 50 penalty units.
substitute
49 Commercial fishers, priority species licence
holders and fish dealers to supply information
substitute
Note 1 For how documents may be given, see the Legislation Act, pt
19.5.
Note 2 For offences in relation to giving false or misleading
information to a person exercising a function under a Territory law etc, see the
Criminal Code, pt 3.4 (False or misleading statements, information and
documents).
insert
(1A) The conservator may, by written notice to the holder of a priority
species licence, require the licence holder to give the conservator, within a
reasonable time stated in the notice, the information about the fish received or
sold by him or her stated in the notice.
omit
under subsection (1) or (2)
substitute
under subsection (1), (1A) or (2)
19 New
sections 76A to 76C
insert
76A Trafficking in commercial quantity of fish of
priority species
(1) A person commits an offence if—
(a) the person traffics in a commercial quantity of fish of a priority
species; and
(b) the person does not hold a priority species licence authorising the
trafficking.
Maximum penalty: 1000 penalty units, imprisonment for 10 years or
both.
(2) This section does not apply if the person receives or processes the
fish for personal or domestic consumption.
(3) In this section:
traffic in fish includes—
(a) sell fish; and
(b) possess or gain possession or control of fish with the intention of
selling any of it; and
(c) receive fish; and
(d) process fish.
76B Taking commercial quantity of fish of priority
species
(1) A person commits an offence if—
(a) the person takes a commercial quantity of fish of a priority species
in a 24-hour period; and
(b) the person does not hold a priority species licence authorising the
taking.
Maximum penalty: 1000 penalty units, imprisonment for 10 years or
both.
(2) This section does not apply if the person takes the fish for personal
or domestic consumption.
(3) In this section:
take means gain possession or control by any means.
76C Possessing commercial quantity of fish of a
priority species
(1) A person commits an offence if—
(a) the person possesses a commercial quantity of fish of a priority
species; and
(b) the person does not hold a priority species licence authorising the
possession.
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
(2) This section does not apply if the person possesses the fish for
personal or domestic consumption.
20 GuidelinesNew
section 113 (1) (ca)
insert
(ca) section 28A (Issue of priority species licences—relevant
considerations);
21 Dictionary,
new definitions
insert
abalone means blacklip and greenlip abalone and includes all
other species of abalone.
commercial quantity of fish of a priority species means the
quantity prescribed by regulation as a commercial quantity of the
fish.
fish of a priority species means—
(a) abalone; and
(b) rock lobster; and
(c) fish of any other species prescribed by regulation as a priority
species.
22 Dictionary,
definition of licence, new paragraph (d)
insert
(d) a priority species licence.
23 Dictionary,
new definitions
insert
priority species licence means a licence mentioned in section
22A.
rock lobster means an animal of the genus Jasus.
24 Fisheries
Regulation 2001, new section 4A
insert
4A Commercial quantity—Act,
dictionary
The quantity of fish of a priority species that is a commercial quantity is
as follows:
(a) for abalone—100 or more;
(b) for rock lobster—20 or more.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2006.
2 Notification
Notified under the Legislation Act on 2006.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2006
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