3 Act amended

This part and schedule 1 amend the Fisheries Act 1994.

4 Insertion of new pt 8, div 1A

Part 8, before division 1 —

insert—

5 Amendment of s 140A (Functions of inspectors)

Section 140A, from ‘inspections’—

omit, insert—

inspections—

(a) to monitor and enforce compliance with—

(i) this Act; and

(ii) the Biosecurity Act 2014, so far as it relates to fisheries resources or fish habitats; and

(iii) the Planning Act, so far as it relates to fisheries development; and

(b) to facilitate the administration of this Act, including, for example, by helping the chief executive perform the chief executive’s functions under this Act.

6 Amendment of s 144 (Production or display of inspector’s identity card)

Section 144 —

insert—

(4) For subsection (2), an inspector does not exercise a power in relation to another person only because the inspector has entered a place as mentioned in section 145(1)(b).

(5) Failure to comply with this section does not affect the validity of the exercise of a power under this Act.

7 Amendment of s 145 (Entry to places)

Section 145 (1) —

insert—

(f) it is premises used for trade or commerce and the entry is made under section 145A.

8 Insertion of new s 145A

After section 145 —

insert—

145A Entry of premises used for trade or commerce

(1) An inspector may enter premises used for trade or commerce to find out whether this Act is being complied with if—

(a) the trade or commerce relates to fisheries resources; and

(b) any of the following applies—

(i) the occupier of the premises is present;

(ii) a person other than the occupier of the premises is present and conducting activities for the trade or commerce;

(iii) the premises are otherwise open for entry; and

(c) the inspector—

(i) is wearing a body-worn camera that is working; or

(ii) if the body-worn camera is not working—has activated an alternative device to record images or sound, or both, for the period of the entry.

(2) Before entering premises under subsection (1), the inspector must give the occupier of the premises at least 20 days notice of the entry unless the giving of notice would defeat the purpose of the entry.

9 Replacement of s 146 (Boarding of boats and entry of vehicles)

Section 146 —

omit, insert—

146 Boarding of boats and entry of vehicles generally

(1) An inspector may board a boat or enter a vehicle if the boarding or entry—

(a) is made with the consent of the owner or person in control of the boat or vehicle; or

(b) is permitted by a warrant; or

(c) is made under subsection (2), (3) or (5).

(2) An inspector may board a boat to find out whether this Act is being complied with.

(3) An inspector may enter a vehicle to find out whether this Act is being complied with if the inspector believes, on reasonable grounds, the vehicle—

(a) is being, or has just been, used in connection with a fishing activity; or

(b) contains fish being transported for sale or another commercial purpose.

(4) Subsection (3) does not apply to—

(a) a caravan; or

(b) another vehicle used, or reasonably expected to be used, predominantly for residential purposes, including for temporary periods.

(5) An inspector may board a boat or enter a vehicle if the inspector suspects, on reasonable grounds—

(a) the boat or vehicle is being, or has been, used in the commission of an offence against this Act; or

(b) the boat or vehicle, or a thing in or on the boat or vehicle, may provide evidence of the commission of an offence against this Act.

(6) In this section—

"fishing activity" means—

(a) taking fish; or

(b) purchasing, selling, possessing or using fishing apparatus regulated under a regulated fishing apparatus declaration.

146A Exercise of power to board boat or enter vehicle

(1) This section applies to an inspector who may board a boat or enter a vehicle under this division.

(2) The inspector may board an unattended boat or enter an unattended vehicle only if, before boarding the boat or entering the vehicle, the inspector takes reasonable steps to advise the owner or person in control of the boat or vehicle of the inspector’s intention to board the boat or enter the vehicle.

(3) However, the inspector may enter a secured part of an unattended boat or unattended vehicle only if the owner or person in control of the boat or vehicle consents to the entry or the entry is permitted by a warrant.

(4) If the inspector considers it would be more appropriate in the circumstances to do so, the inspector may decide not to board a boat or enter a vehicle and exercise powers under this part from immediately alongside or outside of the boat or vehicle.

(5) An inspector who acts under subsection (4) is taken to have boarded the boat or entered the vehicle for the exercise of powers under this part.

10 Amendment of s 148 (Warrants)

(1) Section 148 (1), ‘or boat’—omit, insert —, boat or vehicle

(2) Section 148 (4) (b), ‘or on the boat’—omit, insert —, on the boat or in the vehicle

(3) Section 148 (5) (a), from ‘the inspector’ to ‘boat’—omit, insert—a stated inspector or any inspector may, with necessary and reasonable help and force, enter the place, board the boat or enter the vehicle

11 Amendment of s 148A (Monitoring warrants for abalone)

(1) Section 148A, after ‘abalone’—insert—or commercial fish

(2) Section 148A (4), after ‘the inspector’—insert—or another inspector

(3) Section 148A —insert—

(6) In this section—

"commercial fish" means fish taken or possessed in trade or commerce.

12 Insertion of new s 148B

After section 148A —

insert—

148B Monitoring warrants for marine plants or fish habitat

(1) An inspector may apply to a magistrate for a warrant under this section for a place, other than a place or part of a place used exclusively as a person’s residence, if the inspector is satisfied—

(a) the place is a part of a direct reasonable route for gaining access to a body of water; and

(b) the body of water—

(i) includes marine plants or fish habitat; or

(ii) has just been or is about to be used for a fishing activity; and

(c) it is necessary for an inspector to access the body of water to find out if this Act is being complied with in relation to the marine plants or fish habitat or the fishing activity.

(2) The application must be sworn and state the grounds on which the warrant is sought.

(3) The magistrate may refuse to consider the application unless the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example—The magistrate may require additional information supporting the application to be given by statutory declaration.

(4) The magistrate may issue the warrant only if the magistrate is satisfied—

(a) it is reasonably necessary that the inspector or another inspector should have access to the body of water to find out if this Act is being complied with in relation to marine plants or fish habitat or a fishing activity; and

(b) the place is a part of a direct reasonable route for gaining access to the body of water.

(5) The warrant must state—

(a) that an inspector may, with necessary and reasonable help and force—

(i) enter, and from time to time re-enter, the place; and

(ii) exercise an inspector’s powers under this part; and

(b) the purpose for which the warrant is sought; and

(c) the hours of the day or night when the place may be entered; and

(d) any conditions imposed by the magistrate; and Examples of conditions—

1 The magistrate may limit the number of times an inspector may enter the place while the warrant is in force.

2 The magistrate may require an inspector to give to the magistrate information about the use of the inspector’s powers under the warrant.

(e) the date, within 2 months after the warrant’s issue, the warrant ends.

(6) In this section—

"fishing activity" means—

(a) taking, possessing or using fisheries resources; or

(b) possessing or using fishing apparatus or aquaculture furniture.

13 Replacement of s 149 (Warrants—applications made other than in person)

Section 149 —

omit, insert—

149 Electronic application

(1) An application under section 148, 148A or 148B may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the inspector considers it necessary because of—

(a) urgent circumstances; or

(b) other special circumstances, including, for example, the inspector’s remote location.

(2) The application—

(a) may not be made before the inspector prepares the written application under section 148, 148A or 148B; but

(b) may be made before the written application is sworn.

149A Additional procedure if electronic application

(1) For an application made under section 149, the magistrate may issue the warrant (the
"original warrant") only if the magistrate is satisfied—

(a) it was necessary to make the application under section 149; and

(b) the way the application was made under section 149 was appropriate.

(2) After the magistrate issues the original warrant—

(a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the inspector, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the inspector; or

(b) otherwise—

(i) the magistrate must tell the inspector the information required to be stated in the warrant under section 148, 148A or 148B; and

(ii) the inspector must complete a form of warrant, including by writing on it the information mentioned in subparagraph (i).

(3) The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the
"duplicate warrant"), is a duplicate of, and as effectual as, the original warrant.

(4) The inspector must, at the first reasonable opportunity, send to the magistrate—

(a) the written application complying with section 148, 148A or 148B; and

(b) if the inspector completed a form of warrant under subsection (2)(b), the completed form of warrant.

(5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—

(a) attach the documents to the original warrant; and

(b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(6) Despite subsection (3), if—

(a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b) the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(7) This section does not limit section 148, 148A or 148B.

(8) In this section—

"relevant magistrates court", in relation to a magistrate, means the court that the magistrate constitutes under the Magistrates Act 1991.

149B Defect in relation to a warrant

(1) A warrant is not invalidated by a defect in—

(a) the warrant; or

(b) compliance with this division;

unless the defect affects the substance of the warrant in a material particular.

(2) In this section—

"warrant" includes a duplicate warrant mentioned in section 149A(3).

14 Amendment of s 150 (Inspector’s general powers for places, boats and vehicles)

(1) Section 150 (1) —insert—

(fa) produce an image or writing from an electronic document at the place, on the boat, or in the vehicle, or, to the extent that is not practicable, take either or both of the following to another place to produce an image or writing from an electronic document—

(i) a thing containing an electronic document;

(ii) an article or device reasonably capable of producing an electronic document; or

(2) Section 150 (1) (h) and (i) and (8), ‘to (g)’—omit, insert—to (h)

(3) Section 150 (1) (j) and (9), ‘(8)’—omit, insert—(5)

(4) Section 150 (1) (fa) to (j) —renumber as section 150 (1) (g) to (k).

(5) Section 150 (2) to (5) —omit.

(6) Section 150 —insert—

(2) If an inspector takes from the place, boat or vehicle a thing, article or device for producing an image or writing from an electronic document, the inspector must produce the image or writing from the document and return the thing, article or device to the place, boat or vehicle as soon as practicable.

(7) Section 150 (6) and (7), ‘ subsection (1) (i) ’—omit, insert—subsection (1)(j)

(8) Section 150 (6) to (9) —renumber as section 150 (3) to (6).

15 Insertion of new ss 150A–150C

After section 150 —

insert—

150A No tampering with marked or sealed container or thing A person must not unlawfully break, remove or change a mark or seal placed on a container or other thing by an inspector under section 150(1)(c).

150B Requirement to comply with help requirement

(1) A person who is required by an inspector under section 150(1)(i) to give the inspector reasonable help must comply with the requirement, unless the person has a reasonable excuse.

(2) If the person is an individual and the help is required to be given by answering a question or producing a document, it is a reasonable excuse for the person to fail to answer the question or produce the document if complying with the requirement might tend to incriminate the person.

(3) Subsection (2) does not apply to a requirement to produce a document that is an authority or other document required to be kept by the person under this Act.

150C Requirement to take required action A person who is required by an inspector under section 150(1)(j) to take action in relation to a boat or vehicle must comply with the requirement, unless the person has a reasonable excuse.

16 Amendment of s 165 (Where and how to start appeal)

(1) Section 165 —insert—

(2A) Also, the person may not appeal if the fisheries resources are returned to the wild under section 159(2).

(2) Section 165 (4), ‘ subsection (3) (b) ’—omit, insert—subsection (4)(b)

(3) Section 165 (2A) to (5) —renumber as section 165 (3) to (6).

17 Amendment of s 173 (Power to require production of documents)

(1) Section 173 (1) —insert—

(c) if a document required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document.

(2) Section 173 —insert—

(6) For an electronic document, compliance with a requirement under subsection (1) requires the making available or production of a clear written reproduction of the electronic document.

18 Insertion of new ss 173A and 173B

Part 8, division 4 —

insert—

173A Power relating to fishing apparatus in water

(1) This section applies if an inspector suspects, on reasonable grounds, that an offence against this Act has been, or is being, committed by a person in relation to fishing apparatus that is in the water.

(2) The inspector may re quire the person to haul, pull, draw or reel in the fishing apparatus, or otherwise bring the fishing apparatus onto a boat or land.

(3) When making the requirement, the inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(4) The person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—200 penalty units.

173B Additional power of police officer for executing warrant

(1) This section applies to a police officer who—

(a) is an inspector exercising powers under a warrant issued under this Act; or

(b) is helping an inspector, who is not a police officer, exercise powers under a warrant issued under this Act.

(2) If the police officer suspects, on reasonable grounds, the presence of a person places the safety of an inspector or a police officer at risk, the police officer may direct the person—

(a) to remain in a stated position at the place or on the boat or in the vehicle where the powers are being exercised, while the police officer or an inspector exercises the powers; or

(b) to accompany the police officer while the police officer or an inspector exercises the powers; or

(c) to leave the place, boat or vehicle where the powers are being exercised and not return to the place, boat or vehicle while the police officer or an inspector is exercising the powers.

(3) When giving the direction, the police officer must warn the person it is an offence to fail to comply with the direction, unless the person has a reasonable excuse.

(4) A direction given under this section is taken to have been given under the Police Powers and Responsibilities Act 2000 for the purposes of section 791 of that Act.

(5) If an inspector who is not a police officer asks a police officer to help exercise powers under a warrant issued under this Act, the inspector must explain to the police officer the powers the police officer has under this section.

19 Insertion of new pt 8, div 4A

Part 8 —

insert—

20 Replacement of s 174 (Restraining orders against persistent offenders)

Section 174 —

omit, insert—

174 Orders against persistent offenders

(1) This section applies if—

(a) a person is convicted of a serious fisheries offence; and

(b) the person has been convicted of the same, or a different, serious fisheries offence at least 2 other times in the previous 5 years.

(2) If the court convicting the person considers it necessary to stop the person from committing further serious fisheries offences, the court may make an order—

(a) prohibiting the person from carrying out a particular activity relating to fishing; or Examples of order under paragraph (a)—

• an order prohibiting a person from fishing

• an order prohibiting a person from possessing fishing apparatus

(b) prohibiting the person from carrying out a particular activity relating to fishing except in particular circumstances; or Example of order under paragraph (b)—an order prohibiting a person from fishing unless the person uses a boat installed with vessel tracking equipment that is working properly and the details of which have been given to the chief executive

(c) any other order the court considers appropriate.

(3) A person must not contravene an order made under subsection (2). Maximum penalty—3,000 penalty units or 2 years imprisonment.

174A Recovery of particular costs of investigation

(1) This section applies if—

(a) a court convicts a person of an offence against this Act; and

(b) the chief executive applies to the court for an order against the person for the payment of particular costs incurred by the State for the investigation of the offence; and

(c) the court finds the costs—

(i) were not, and could not reasonably have been, expected to be incurred for the investigation of the offence; and

(ii) were reasonably incurred.

(2) The court may order the person to pay the State an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.

(3) In deciding whether to make the order, the court must have regard to—

(a) the extent to which the person’s conduct during the investigation contributed to the costs being incurred; and

(b) whether the offence was committed, wholly or partly, for a commercial purpose; and

(c) any other relevant matter.

(4) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

(5) An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.

(6) Any issue is to be decided on the balance of probabilities.

21 Insertion of new s 181A

After section 181 —

insert—

181A Use of body-worn cameras

(1) It is lawful for an inspector to use a body-worn camera to record images or sounds while the inspector is exercising a power under this part.

(2) Use of a body-worn camera by an inspector under subsection (1) includes use that is—

(a) inadvertent or unexpected; or

(b) incidental to use while exercising the inspector’s power.

(3) Subsection (1) does not affect an ability the inspector has at common law or under fisheries legislation or another Act to record images or sounds.

(4) To remove any doubt, it is declared that subsection (1) is a provision authorising the use by an inspector of a listening device, for the purposes of the Invasion of Privacy Act 1971, section 43(2)(d).

22 Insertion of new s 216A

After section 216 —

insert—

216A Immunity from prosecution

(1) An inspector is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done—

(a) under the direction of the Minister or chief executive; or

(b) in the exercise of a power or performance of a function under this Act.

(2) A person acting under the direction of the Minister, chief executive or an inspector is not liable to be prosecuted for an offence against this Act for anything done or omitted to be done under the direction.

23 Replacement of s 217A (Authority to disclose personal information)

Section 217A —

omit, insert—

217A Exchange of information with prescribed government entity

(1) The chief executive may enter into an arrangement (an
"information-sharing arrangement") with a prescribed government entity for the purpose of sharing or exchanging information—

(a) held by the chief executive or the prescribed government entity; or

(b) to which the chief executive or the prescribed government entity has access.

(2) An information-sharing arrangement may relate only to information that helps—

(a) the chief executive or an inspector perform functions under this Act; or

(b) the prescribed government entity, or a person employed or engaged by the entity, perform functions under a law of the State, another State or the Commonwealth.

(3) Under an information-sharing arrangement, the chief executive and the prescribed government entity are, despite another Act or law, authorised to—

(a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b) disclose information to the other party.

(4) However, the information may be used by the chief executive or the prescribed government entity only for the purpose for which it was given under the arrangement.

(5) In this section—

"prescribed government entity" means—

(a) the chief executive of a department; or

(b) an entity of, or representing, the Commonwealth or another State.

217B Confidentiality of information

(1) This section applies to a person who—

(a) is, or has been, any of the following—

(i) the chief executive;

(ii) an inspector;

(iii) a public service employee;

(iv) a local government or prescribed entity;

(v) an officer or employee of a local government or prescribed entity;

(vi) an officer or employee of the Commonwealth or another State;

(vii) a person to whom an entity mentioned in subparagraph (iv), (v) or (vi) has subdelegated, under this Act, a function or power delegated to the entity under this Act; and

(b) obtains confidential information about another person in administering, or performing functions or exercising powers under, this Act.

(2) The person must not use or disclose the confidential information unless the use or disclosure is—

(a) in the performance of a function or exercise of a power under this Act; or

(b) with the consent of the person to whom the information relates; or

(c) otherwise required or permitted by law.

Maximum penalty—50 penalty units.

(3) In this section—

"confidential information" —

(a) means any information that—

(i) could identify an individual; or

(ii) is about a person’s current financial position or financial background; or

(iii) would be likely to damage the commercial activities of a person to whom the information relates; but

(b) does not include—

(i) information that is publicly available; or

(ii) statistical or other information that could not reasonably be expected to result in the identification of the individual to whom it relates.

"prescribed entity" means an entity prescribed under—

(a) section 222(1)(b); or

(b) section 21(1)(c), as in force before its repeal by the Fisheries (Sustainable Fisheries Strategy) Amendment Act 2018.

24 Insertion of new ss 222 and 222A

After section 221A —

insert—

222 Delegations

(1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified—

(a) public service employee; or

(b) officer or employee of a local government or an entity prescribed by regulation; or

(c) officer or employee of the Commonwealth or another State.

(2) If a function of the chief executive is delegated to an officer or employee of an entity, the officer or employee may subdelegate the function to another appropriately qualified officer or employee of the same entity.

(3) In this section—

"functions" include powers.

222A Electronic notices for authority holders

(1) The chief executive or an inspector may give a notice or other document to the holder of an authority under this Act by electronic communication to an electronic address of the holder if the holder—

(a) gave the address to the chief executive for the purpose of communicating with the holder; and

(b) has not asked the chief executive to discontinue use of the address.

Examples of an electronic address—an email address or mobile phone number

(2) This section does not limit the Electronic Transactions (Queensland) Act 2001.

25 Insertion of new pt 12, div 11

Part 12 —

insert—

26 Amendment of schedule (Dictionary)

(1) Schedule, definition
"serious fisheries offence" —omit.

(2) Schedule—insert—

"body-worn camera" means a device—

(a) worn on clothing or otherwise secured on a person; and

(b) designed to be used to—

(i) record images; or

(ii) record images and sounds.

"drainage feature" means a drainage feature within the meaning given by the Water Act 2000, schedule 4, definition
"drainage feature", paragraph (b).

"electronic document" means a document of a type under the Acts Interpretation Act 1954, schedule 1, definition document, paragraph (c).

"serious fisheries offence" means—

(a) an offence against any of the following provisions—

(i) section 77(1) or (2);

(ii) section 78;

(iii) section 79;

(iv) section 79A;

(v) section 80;

(vi) section 81(1);

(vii) section 82;

(viii) section 89C;

(ix) section 90(1);

(x) section 118(4);

(xi) section 176(1);

(xii) section 182(1); or

(b) an offence against section 219(2) committed by a person acting under an authority in relation to a provision mentioned in paragraph (a); or

(c) another fisheries offence prescribed by regulation to be a serious fisheries offence.

(3) Schedule, definition
"waterway", after ‘watercourse’—insert—, drainage feature

27 Amendment of s 3 (Particular purposes of Act)

Section 3 (2), after ‘circumstances’—

insert—

, having regard to ensuring access to the fisheries resources is allocated in a way that maximises the potential economic, social and cultural benefits to the community

28 Amendment of s 3A (How particular purposes are to be primarily achieved)

(1) Section 3A (1) —omit, insert—

(1) The main purpose of this Act is to be primarily achieved by providing for—

(a) the management and protection of fish habitats; and

(b) the management of commercial, charter, recreational and indigenous fishing; and

(c) the management of aquaculture.

(1A) The main purpose of this Act is to be achieved, so far as is practicable—

(a) in consultation with, and having regard to the views and interests of, all persons involved in commercial, charter, recreational or indigenous fishing and the community generally; and

(b) using a transparent and responsive approach to the management of access to fisheries resources.

(2) Section 3A (1A) to (3) —renumber as section 3A (2) to (4).

29 Amendment of s 4 (Definitions)

Section 4, ‘the schedule’—

omit, insert—

schedule 1

30 Omission of s 9 (Meaning of quota)

Section 9 —

omit.

31 Replacement of pts 2 and 3

Parts 2 and 3 —

omit, insert—

32 Renumbering of s 23 (Accepted development requirements for Planning Act)

Section 23 —

renumber as section 32.

33 Replacement of pt 5, divs 1–2

Part 5, divisions 1 to 2 —

omit, insert—

34 Replacement of s 49 (Authorities that may be issued under Act)

Section 49 —

omit, insert—

49 Authorities that may be issued

(1) The chief executive may issue the following authorities under this Act—

(a) a licence;

(b) a permit;

(c) a quota authority;

(d) a resource allocation authority;

(e) another authority prescribed by regulation.

(2) A regulation may provide that an authority of a particular kind may or may not be issued for a stated activity or thing.

35 Amendment of s 52 (Things authorised by authorities)

Section 52 (1) and (2), ‘management plan’—

omit, insert—

declaration

36 Amendment of s 55 (Consideration of application for issue of authority)

Section 55 (2), ‘management plan’—

omit, insert—

declaration

37 Amendment of s 58 (Consideration of application for renewal of authority (other than permit))

Section 58 (2), ‘management plan’—

omit, insert—

declaration

38 Amendment of s 61 (Conditions imposed on issue or renewal—general)

(1) Section 61 (1) (a) —omit, insert—

(a) for an authority, other than a permit, for a fishery or a part of a fishery for which no quota declaration is in force—a condition fixing a quota entitlement for the authority; and

(2) Section 61 (1) (d) —omit.

(3) Section 61 (3) —omit, insert—

(3) In fixing a quota entitlement for an authority, the chief executive must comply with any relevant regulation or declaration.

(3A) If the chief executive imposes a condition on an authority, the chief executive must give the holder of the authority an information notice for the decision to impose the condition.

(4) Section 61 (9), from ‘ subsection (8) ’ to ‘or management plan’—omit, insert—subsection (9) does not prevent a regulation

(5) Section 61 (3A) to (9) —renumber as section 61 (4) to (10).

39 Amendment of s 63 (Amendment of authority)

Section 63 (4) (e) —

omit.

40 Amendment of s 65 (Transfer of authority (other than permit))

(1) Section 65 (1), ‘or management plan’—omit.

(2) Section 65 (2) —renumber as section 65 (3).

(3) Section 65 —insert—

(2) A transfer, or purported transfer, of an authority is of no effect unless the transfer is registered under section 65B.

41 Amendment of s 65C (Temporary transfers)

(1) Section 65C (2) (a) —omit, insert—

(a) may, subject to paragraphs (b) and (c), be fixed by reference to the happening of a stated event; and Example for paragraph (a)—If the authority is subject to a quota entitlement, the start or end of the period may be fixed by reference to the start or end of the period to which the quota entitlement applies.

(2) Section 65C (2) (ca) —omit.

42 Amendment of s 65D (Effect of temporary transfer)

(1) Section 65D (2) (b), ‘management plan’—omit, insert—declaration

(2) Section 65D (6) (c), ‘temporary quota transfer’—omit, insert—temporary transfer of a quota authority

43 Insertion of new s 68AC

After section 68AB —

insert—

68AC Suspension of quota entitlement for investigation

(1) This section applies if—

(a) an inspector starts an investigation under part 9 relating to the holder of a quota authority contravening an information requirement about the quantity of fisheries resources taken under the quota entitlement for the authority; and

(b) the chief executive is satisfied it is necessary to suspend a part of the quota entitlement for the quota authority to ensure the quota entitlement is not, or does not continue to be, contravened.

(2) The chief executive may, by written notice to the holder of the quota authority, suspend a stated part of the quota entitlement for the authority for a stated period.

(3) The stated period—

(a) must not end more than 6 months after the day the investigation is started; and

(b) must end on or before the end of the period to which the quota entitlement applies.

(4) If the chief executive suspends a part of the quota entitlement for the quota authority, the quota entitlement is taken to be the amount of the quota entitlement originally granted by the quota authority less the stated part that has been suspended.

(5) If the investigation ends before the stated period ends and a proceeding for an offence against this Act is not started against the holder of the quota authority—

(a) the chief executive must cancel the suspension by written notice to the holder of the authority; and

(b) the quota entitlement for the authority is taken to be the amount of the quota entitlement originally granted by the authority.

(6) If a proceeding for an offence against this Act against the holder of the quota authority is started before the stated period ends and the period to which the quota entitlement applies has not ended, the chief executive may, by written notice to the holder of the authority, suspend a stated part of the quota entitlement for a further period ending at the earlier of the following—

(a) the end of the period to which the quota entitlement applies;

(b) when the proceeding is decided.

(7) A notice under subsection (2) or (6) must be an information notice.

(8) In this section—

"information requirement" means—

(a) an information requirement under section 118(1); or

(b) a requirement to give the chief executive information under a condition of an authority.

44 Amendment of s 68B (Suspension or cancellation of authority by court)

(1) Section 68B (2), ‘and any quota relating to the authority’—omit.

(2) Section 68B (3) —omit.

(3) Section 68B (4) (b) (i), ‘under a regulation or a management plan’—omit, insert—by regulation

(4) Section 68B (7), ‘or management plan’—omit.

(5) Section 68B (4) to (7) —renumber as section 68B (3) to (6).

45 Insertion of new s 68C

After section 68B —

insert—

68C Effect of suspension on entitlement If an authority has been suspended, it does not authorise the holder of the authority to do anything during the period of the suspension other than possess fishing apparatus the holder is entitled to possess under section 52(1) or (2).

46 Amendment of s 69A (Effect of suspension on issue or transfer of another authority)

Section 69A —

insert—

(4) If a part of a quota entitlement for a quota authority has been suspended under section 68AC, the chief executive may not accept an application—

(a) to issue another quota authority, or register a transfer of another quota authority, to the holder of the quota authority to which the suspended quota entitlement applies, if the other quota authority would give the holder an entitlement to take fisheries resources the holder would otherwise be authorised to take under the suspended quota entitlement; or

(b) to register a transfer of the quota authority to which the suspended quota entitlement applies to another person during the period of the suspension.

47 Amendment of s 69B (Further fees continue to be payable for suspended authority)

(1) Section 69B, heading, ‘for suspended authority’—omit, insert—despite suspension

(2) Section 69B (1), after ‘authority’—insert—, or a quota entitlement for a quota authority,

(3) Section 69B (2), after ‘authority’—insert—or quota authority to which the suspended quota entitlement applies

(4) Section 69B (3), after ‘authority’—insert—, or quota authority to which the suspended quota entitlement applies,

48 Insertion of new pt 5, div 4, sdiv 1 hdg

Before section 77 —

insert—

49 Amendment of s 77A (Exemptions for contravention of regulated fishing apparatus declaration)

(1) Section 77A (1) (d), ‘under a regulation or management plan’—omit, insert—by regulation or declared by a declaration

(2) Section 77A —insert—

(4) In this section—

"stowed and secured" has the meaning prescribed by regulation.

50 Replacement of s 79 (Quota offences)

Section 79 —

omit, insert—

79 Quota offences A person must not unlawfully contravene the quota entitlement for a quota authority. Maximum penalty—2,000 penalty units.

51 Insertion of new s 80

After section 79A —

insert—

80 Vessel tracking

(1) This section applies in relation to—

(a) an authority prescribed by regulation as an authority to which this section applies; and

(b) each boat (a
"relevant boat") prescribed by regulation for the authority for this section.

(2) The holder of, or another person acting under, the authority must ensure—

(a) each relevant boat used under the authority has approved vessel tracking equipment for the boat installed on it, in the way prescribed by regulation; and

(b) the approved vessel tracking equipment is working properly during the periods prescribed by regulation.

(3) A person must not interfere with the operation of approved vessel tracking equipment installed on a relevant boat. Maximum penalty—1,000 penalty units.

(4) A regulation may prescribe requirements that apply if the approved vessel tracking equipment installed on a relevant boat is malfunctioning during a period mentioned in subsection (2)(b).

(5) If the requirements prescribed under subsection (4) are complied with for a relevant boat on which approved vessel tracking equipment is malfunctioning, the holder or other person who is required to comply with subsection (2)(b) in relation to the boat is taken to have complied with the subsection.

(6) In this section—

"malfunction", of approved vessel tracking equipment, means a failure of the equipment—

(a) to work entirely; or

(b) to send details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment.

"working properly", for approved vessel tracking equipment, means the equipment sends details of the location of the boat on which it is installed to the chief executive at the intervals stated in the approval for the equipment.

52 Amendment of s 82 (Offence to do prescribed act)

Section 82, ‘under a regulation or management plan’—

omit, insert—

by regulation or declared by a declaration

53 Amendment of s 87 (Interference etc. with aquaculture activity or fishing apparatus)

Section 87 (2), definition
"interfere with", paragraph (b) —

omit, insert—

(b) for fishing apparatus—

(i) the removal of fisheries resources; and

(ii) haul, pull, draw or reel in, or otherwise bring out of water; and

(iii) damage, destroy, mark, remove and trample.

54 Insertion of new pt 5, div 4, sdiv 2

After section 88B —

insert—

55 Replacement of s 90 (Non-indigenous fisheries resources not to be possessed, released etc.)

Section 90 —

omit, insert—

90 Non-indigenous fisheries resources not to be released

(1) A person must not unlawfully release non-indigenous fisheries resources, or cause non-indigenous fisheries resources to be placed or released, into Queensland waters.

(2) Subsection (1) does not apply to the release or placing of non-indigenous fisheries resources into Queensland waters in the circumstances prescribed by regulation.

56 Replacement of s 92 (Duty of person who takes or possesses non-indigenous fisheries resources)

Section 92 —

omit, insert—

92 Duty of person who unlawfully takes or possesses non-indigenous plants

(1) A person who unlawfully takes or possesses a non-indigenous plant must immediately destroy it.

(2) Subsection (1) does not apply to a non-indigenous plant prescribed by regulation.

(3) In this section—

"non-indigenous plant" means a non-indigenous fisheries resource that is a plant.

57 Amendment of pt 5, div 9 hdg (Fisheries Research Fund)

Part 5, division 9, heading, ‘Research’—

omit.

58 Amendment of s 117 (Fisheries Research Fund)

(1) Section 117, heading, ‘Research’—omit.

(2) Section 117 (1) —omit, insert—

(1) The Fisheries Fund (the
"fund") is continued in existence.

(3) Section 117 (5) (a), ‘training of persons,’—omit.

(4) Section 117 (5) (b) —omit.

(5) Section 117 (5) (c) —renumber as section 117 (5) (b).

59 Amendment of s 118 (Information requirements)

(1) Section 118 (1), ‘management plan’—omit, insert—declaration

(2) Section 118 (1) (a), from ‘about’—omit, insert—about a fisheries matter; or

(3) Section 118 (1) (b), examples of another stated way, second and third dot points—omit, insert—

• by the approved vessel tracking equipment for a boat

• by recording the information on the department’s website

• by using an electronic logbook provided by the chief executive

(4) Section 118 (4), penalty, ‘for subsection (4) ’—omit.

(5) Section 118 —insert—

(5) In a proceeding for an offence against subsection (4), it is not necessary for the prosecution to prove that a person failed to comply with the information requirement at a particular time if it is proved that—

(a) the documents or information kept by the person for a particular period are incomplete in a material particular; and

(b) the incompleteness has, or can only have, resulted from the contravention of the information requirement during that period.

(6) In this section—

"fisheries matter" means—

(a) aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or

(b) trade or commerce related to aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources; or

(c) the effect on a protected animal caused by aquaculture, aquaculture fisheries resources, fishing, a fishery or fisheries resources.

"protected animal" means—

(a) a protected animal under the Nature Conservation Act 1992; or

(b) an animal of a listed threatened species, listed migratory species or listed marine species under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth).

60 Omission of s 119 (Codes of practice)

Section 119 —

omit.

61 Insertion of new s 125A

Part 6 —

insert—

125A Codes of practice

(1) The chief executive may make a code of practice for a declared fish habitat area.

(2) A code of practice may, for example, state ways that persons may carry out activities in the declared fish habitat area in compliance with this Act.

(3) In preparing a code of practice, the chief executive must take reasonable steps to engage in consultation about the code with persons the chief executive considers appropriate. Examples of persons for subsection (3)—industry representatives, relevant experts and key stakeholders

(4) The chief executive must—

(a) publish a copy of each code of practice on the department’s website; and

(b) keep a copy of each code of practice available for inspection at the department’s head office.

62 Amendment of s 184 (Evidentiary provisions)

(1) Section 184 (4) (a) —insert—

(vi) a decision, or a copy of a decision, made by the chief executive, under the Planning Act;

(2) Section 184 (5), from ‘equipment prescribed’ to ‘position’—omit, insert—stated equipment to retrieve data, sent from the approved vessel tracking equipment for a stated boat, that recorded the equipment’s position

(3) Section 184 (6), example, from ‘, being’ to ‘position’—omit, insert—retrieved data, sent from the approved vessel tracking equipment for XYZ boat, that recorded the equipment’s position

(4) Section 184 (8) —omit.

63 Replacement of pt 9 (Review of decisions by QCAT)

Part 9 —

omit, insert—

64 Replacement of s 220 (Start of offence proceedings)

Section 220 —

omit, insert—

220 Summary offences and indictable offences

(1) An offence against this Act other than section 89C is a summary offence.

(2) An offence against section 89C is a misdemeanour.

220A Proceedings for summary offences A summary proceeding under the Justices Act 1886 for a summary offence against this Act must start within whichever of the following periods ends later—

(a) 1 year after the commission of the offence;

(b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

220B Proceedings for indictable offences

(1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—

(a) by way of a summary proceeding under the Justices Act 1886; or

(b) on indictment.

(2) However, a magistrate must not hear an indictable offence against this Act summarily if the magistrate is satisfied, on application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.

(3) If subsection (2) applies—

(a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and

(b) a plea of the person charged at the start of the proceeding must be disregarded; and

(c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886, section 104(2)(b).

65 Amendment of s 223 (Regulation-making power)

(1) Section 223 (2) (a) to (d) —renumber as section 223 (2) (c) to (f).

(2) Section 223 (2) —insert—

(a) prescribe matters for the management of any of the following—

(i) a fishery;

(ii) a fish habitat;

(iii) a declared fish habitat area;

(iv) a fish way;

(v) fisheries resources;

(vi) aquaculture; or

(b) provide for the protection of things that are not fish; or Example for paragraph (b)—A regulation may regulate taking or possessing fish in an area to protect dugong in the area.

66 Insertion of new pt 12, div 11, sdiv 3

Part 12, division 11 as inserted by this Act—

insert—

67 Amendment and numbering of the schedule (Dictionary)

(1) Schedule, definitions
"authority",
"declaration",
"eligible authority",
"emergency fisheries declaration",
"fisheries declaration",
"information notice",
"management plan",
"quota",
"regulated fish declaration",
"regulated fishing apparatus declaration",
"regulated fishing method declaration",
"regulated waters declaration",
"relevant amendment",
"stowed and secured",
"temporary quota transfer",
"tribunal" and
"VMS equipment" —omit.

(2) Schedule—insert—

"affected person", for part 10, see section 187.

"approved harvest strategy" means a harvest strategy approved by the Minister under section 16.

"approved harvest strategy policy", for part 2, division 1, see section 15.

"approved vessel tracking equipment", for a boat, means vessel tracking equipment—

(a) of a kind approved by the chief executive and published on the department’s website; and

(b) whose serial number or other identifying details have been given to, and recorded by, the chief executive for the boat.

"authorising declaration" see section 39 (2).

"authority" means a licence, permit, quota authority, resource allocation authority or other authority issued, and in force, under this Act.

"commercial quantity", for part 5, division 4, subdivision 2, see section 89.

"declaration" means a declaration made by the chief executive under part 5, division 1.

"eligible authority", for part 5, division 2, see section 43 (1) (a).

"engages in a trafficking activity", for part 5, division 4, subdivision 2, see section 89B.

"fisheries declaration" see section 33 (1).

"fishing sector" means a part of the fishing industry representing—

(a) commercial fishing; or

(b) charter fishing; or

(c) recreational fishing; or

(d) indigenous fishing.

"harvest strategy" means a harvest strategy prepared under part 2, division 1.

"indigenous fishing" means fishing conducted by Aboriginal people or Torres Strait Islanders.

"information notice", for a decision, means a written notice stating the following information—

(a) the decision;

(b) the reasons for the decision; Note—See the Acts Interpretation Act 1954, section 27B for matters that must be included with the reasons.

(c) that the person to whom the notice is given may ask for a review of the decision under this Act;

(d) how, and the period within which, the review may be started.

"internal review", for part 10, see section 187.

"internal review decision", for part 10, see section 187.

"original decision", for part 10, see section 187.

"priority fish", for part 5, division 4, subdivision 2, see section 89A.

"public notice", for part 2, division 1, see section 15.

"QCAT information notice", for part 10, see section 187.

"quota authority" means a quota authority issued by the chief executive under this Act.

"quota declaration" see section 37 (1).

"quota entitlement", for an authority, means a quota applying to the entitlement to take fisheries resources under the authority for a fishery or part of a fishery.

"reallocation decision" see section 27 (2).

"recreational limit", for part 5, division 4, subdivision 2, see section 89.

"regulated fish declaration" see section 34.

"regulated fishing apparatus declaration" see section 36 (1).

"regulated fishing method declaration" see section 36 (2).

"regulated waters declaration" see section 35 (1).

"relevant amendment", for part 5, division 2, see section 43 (1) (b).

"total quota entitlement", for a fishery or part of a fishery, means the maximum combined quota entitlements for all authorities for the fishery or part.

"urgent declaration" see section 38.

"vessel tracking equipment" means equipment used as part of a system that monitors the position and operation of a vessel.

(3) Schedule, definition
"accepted development requirements", ‘ section 23 ’—omit, insert—section 32

(4) Schedule, definition
"noxious substance", paragraph (b), ‘under a regulation or management plan’—omit, insert—by regulation or declared by a declaration

(5) Schedule, definition
"offence against this Act", ‘ section 220 ’—omit, insert—sections 220 to 220B

(6) Schedule, definition
"shark control program", ‘ section 3A (3) ’—omit, insert—section 3A (4)

(7) Schedule, definition
"transfer", paragraph (b), after ‘quota’—insert—authority

(8) Schedule—number as schedule 1.

68 Act amended

This division amends the Public Interest Disclosure Act 2010.

69 Amendment of sch 2 (Offences or contraventions endangering the environment)

(1) Schedule 2, entry for Fisheries Act 1994, first dot point—omit, insert—

• section 90 (Non-indigenous fisheries resources not to be released)

(2) Schedule 2, entry for Fisheries Act 1994, third dot point—omit, insert—

• section 92 (Duty of person who unlawfully takes or possesses non-indigenous plants)

70 Act amended

This division amends the Transport Operations (Marine Safety) Act 1994.

71 Amendment of s 186A (Chief executive (fisheries) must disclose information)

(1) Section 186A (3), ‘ section 217A ’—omit, insert—section 217B

(2) Section 186A (6), definition
"relevant information" —omit, insert—

"relevant information" means data sent from approved vessel tracking equipment, within the meaning of the Fisheries Act 1994, installed on a boat as required under section 80 of that Act.