Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


FISHERIES ADJUSTMENT SCHEMES AMENDMENT BILL 2009

                    Western Australia


Fisheries Adjustment Schemes Amendment
                 Bill 2009

                      CONTENTS


  1.    Short title                       2
  2.    Commencement                      2
  3.    Act amended                       2
  4.    Section 3 amended                 2
  5.    Section 8 amended                 2
  6.    Section 9 amended                 4
  7.    Section 10B amended               4
  8.    Section 14B amended               4
  9.    Section 14D amended               5
  10.   Section 14E amended               6
  11.   Schedule 1 amended                6




                        067--1            page i
                           Western Australia


                      LEGISLATIVE COUNCIL



  Fisheries Adjustment Schemes Amendment
                   Bill 2009


                               A Bill for


An Act to amend the Fisheries Adjustment Schemes Act 1987.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Fisheries Adjustment Schemes Amendment Bill 2009



     s. 1




 1   1.          Short title
 2               This is the Fisheries Adjustment Schemes Amendment Act 2009.

 3   2.          Commencement
 4               This Act comes into operation as follows --
 5                (a) sections 1 and 2 -- on the day on which this Act
 6                      receives the Royal Assent;
 7                (b) the rest of the Act -- on the day after that day.

 8   3.          Act amended
 9               This Act amends the Fisheries Adjustment Schemes Act 1987.

10   4.          Section 3 amended
11               After section 3(3) insert:
12

13               (4)   In subsection (3) --
14                     reducing, in relation to a number, amount or quantity,
15                     includes reducing the number, amount or quantity to
16                     zero.
17


18   5.          Section 8 amended
19        (1)    In section 8(1) delete "every holder" and insert:
20

21               the holder
22

23        (2)    After section 8(1) insert:
24

25              (2A)   Without limiting the Interpretation Act 1984
26                     section 45, regulations made for the purposes of



     page 2
                           Fisheries Adjustment Schemes Amendment Bill 2009



                                                                                  s. 5



 1                   subsection (1) in relation to a voluntary fisheries
 2                   adjustment scheme may provide --
 3                     (a) that different fees are payable by different
 4                          holders of authorisations;
 5                     (b) that specified holders of authorisations are not
 6                          liable to pay fees.
 7

 8   (3)     In section 8(3):
 9             (a) delete "each authorisation" and insert:
10

11                    an authorisation
12

13             (b)    after "reference to" insert:
14

15                    the entitlement under an authorisation, including
16

17   (4)     After section 8(3) insert:
18

19         (3AA) Without limiting subsection (3), fees may be fixed
20               under this section for the purposes of a fisheries
21               adjustment scheme that will allow recovery of
22               expenditure that has been or is to be incurred in --
23                 (a) the payment of interest and other outgoings
24                       associated with amounts borrowed under
25                       section 7 for the purposes of the scheme; and
26                 (b) the administration of the scheme.
27

28   (5)     In section 8(3a) delete "has not paid any fee referred to in
29           subsection (1)" and insert:
30

31                   is liable to pay any fee referred to in subsection (1) and
32                   has not paid the fee
33


                                                                            page 3
     Fisheries Adjustment Schemes Amendment Bill 2009



     s. 6



 1   6.       Section 9 amended
 2            In section 9:
 3              (a) in paragraph (b) delete "applies; and" and insert:
 4

 5                         applies and have paid fees under section 8 in
 6                         respect of those authorisations; and
 7

 8             (b)   after each of paragraphs (a) and (aa) insert:
 9

10                   and
11

12   7.       Section 10B amended
13            In section 10B(2):
14              (a) in paragraph (a) delete "scheme;" and insert:
15

16                         scheme, including, if applicable, the objective
17                         of enabling the surrender of all the
18                         authorisations relating to the fishery or
19                         fisheries; and
20

21             (b)   after paragraph (b) insert:
22

23                   and
24

25   8.       Section 14B amended
26            In section 14B(3):
27              (a) in paragraph (a) delete "scheme;" and insert:
28

29                         scheme, including, if applicable, the objective
30                         of cancelling all the authorisations relating to
31                         the fishery or fisheries; and
32


     page 4
                       Fisheries Adjustment Schemes Amendment Bill 2009



                                                                             s. 9



 1         (b)   in paragraph (e) before "specify" insert:
 2

 3                      if not all the authorisations relating to the
 4                      fishery or fisheries are to be cancelled,
 5

 6         (c)   after each of paragraphs (b), (c) and (d) insert:
 7

 8               and
 9


10   9.   Section 14D amended
11        In section 14D(2):
12          (a) in paragraph (a) delete "scheme;" and insert:
13

14                      scheme, including, if applicable, the objective
15                      of cancelling all the authorisations relating to
16                      the fishery or fisheries; and
17

18         (b)   in paragraphs (d) and (e) after "if " insert:
19

20                      not all the authorisations relating to the fishery
21                      or fisheries are to be cancelled and
22

23         (c)   after each of paragraphs (b), (c) and (d) insert:
24

25               and
26




                                                                        page 5
     Fisheries Adjustment Schemes Amendment Bill 2009



     s. 10



 1   10.       Section 14E amended
 2             Before section 14E(1) insert:
 3

 4            (1A)   This section does not apply to a scheme under which
 5                   all the authorisations relating to the fishery or fisheries
 6                   are to be cancelled.
 7


 8   11.       Schedule 1 amended
 9             In Schedule 1 clause 5 delete "telegram or telex" and insert:
10

11                   telegram, telex, facsimile transmission, email or other
12                   similar means
13


14




 


[Index] [Search] [Download] [Related Items] [Help]