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


FISH RESOURCES MANAGEMENT AMENDMENT BILL 2006

                   Western Australia


Fish Resources Management Amendment
               Bill 2006

                      CONTENTS


 1.   Short title                                       2
 2.   Commencement                                      2
 3.   The Act amended                                   2
 4.   Section 174 amended                               2
 5.   Section 175 amended                               2
 6.   Section 175A inserted                             3
      175A.    Mandatory maximum sentences for
               individuals convicted of third or
               subsequent offences                 3
 7.   Section 193 amended and section 220
      consequentially amended                           4
 8.   Section 218 amended                               4




                        148--1                          page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Fish Resources Management Amendment
                 Bill 2006


                               A Bill for


An Act to amend the Fish Resources Management Act 1994.



The Parliament of Western Australia enacts as follows:




                                                          page 1
     Fish Resources Management Amendment Bill 2006



     s. 1




     1.       Short title
              This is the Fish Resources Management Amendment Act 2006.

     2.       Commencement
              This Act comes into operation on the day on which it receives the
 5            Royal Assent.

     3.       The Act amended
              The amendments in this Act are to the Fish Resources
              Management Act 1994*.
              [* Reprint 2 as at 11 March 2005.
10               For subsequent amendments see Acts Nos. 59 and 84 of
                 2004.]

     4.       Section 174 amended
              Section 174(1) is amended by deleting the penalty provision at
              the foot of the subsection and inserting instead --
15            "
                    Penalty: In the case of an individual, $150 000 and
                       imprisonment for 4 years or, in the case of a body
                       corporate, $300 000.
                                                                               ".

20   5.       Section 175 amended
              Section 175(1) is amended by deleting the penalty provision at
              the foot of the subsection and inserting instead --
              "
                    Penalty: In the case of an individual, $150 000 and
25                     imprisonment for 4 years or, in the case of a body
                       corporate, $300 000.
                                                                               ".



     page 2
                          Fish Resources Management Amendment Bill 2006



                                                                             s. 6



     6.     Section 175A inserted
            After section 175 the following section is inserted --
     "
          175A.   Mandatory maximum sentences for individuals
 5                convicted of third or subsequent offences
            (1)   If an individual is convicted of --
                     (a) a third or subsequent offence against
                          section 174(1); or
                    (b) a third or subsequent offence against
10                        section 175(1),
                  the court sentencing the offender must, despite any
                  other written law but subject to the Young Offenders
                  Act 1994 section 46(5a), impose both --
                    (c) the maximum fine; and
15                  (d) the maximum term of imprisonment,
                  that may be imposed by a court under section 174(1)
                  or 175(1), as the case requires.
            (2)   For the purpose of determining whether an individual
                  has been convicted of --
20                  (a) a third or subsequent offence against
                          section 174(1), a conviction of an offence
                          against section 175(1) is taken to be a
                          conviction of an offence against section 174(1);
                          or
25                  (b) a third or subsequent offence against
                          section 175(1), a conviction of an offence
                          against section 174(1) is taken to be a
                          conviction of an offence against section 175(1).
                                                                              ".




                                                                         page 3
     Fish Resources Management Amendment Bill 2006



     s. 7



     7.              Section 193 amended and section 220 consequentially
                     amended
          (1)        Section 193 is amended as follows:
                       (a) before "A fisheries" by inserting the subsection
 5                          designation "(1)";
                      (b) at the end of the section by inserting the following
                            subsection --
                "
                     (2)     Without limiting subsection (1), a fisheries officer who
10                           has reasonable grounds to suspect that an offence
                             against section 174(1) or 175(1) has been committed
                             may seize any boat, fish or other animal, fishing gear,
                             money, cheque or other thing that the fisheries officer
                             believes may become liable to forfeiture under
15                           section 218(1a) as a result of the offence.
                                                                                        ".
          (2)        Section 220 is amended as follows:
                       (a) in paragraph (b), by deleting "section 193(h);" and
                            inserting instead --
20                          " section 193(1)(h); ";
                      (b) in paragraph (c), by deleting "section 193(g);" and
                            inserting instead --
                            " section 193(1)(g); ".

     8.              Section 218 amended
25        (1)        Section 218(1) is amended by deleting "If " and inserting
                     instead --
                     "     Subject to subsection (1a), if   ".
          (2)        After section 218(1) the following subsection is inserted --
                "
30                  (1a)     If a court convicts a person of an offence against
                             section 174(1) or 175(1) in relation to a foreign boat,

     page 4
             Fish Resources Management Amendment Bill 2006



                                                             s. 8



     the court must, in addition to any other penalty
     imposed under this Act, order the forfeiture to the
     Crown of --
       (a) the foreign boat and any fish, fishing gear or
 5          other thing that, if subsection (1) applied to the
            offence, could be forfeited to the Crown under
            that subsection; and
       (b) any fish or other animal or any fishing gear,
            money, cheque or other thing that, at the time
10          of the offence, was on or attached to the foreign
            boat; and
       (c) any fish, fishing gear, money or cheque that, at
            the time of the offence, was in the possession of
            any person on board the foreign boat; and
15     (d) any fish or other animal on or attached to any
            fishing gear used, or intended to be used, in the
            commission of the offence.
                                                                 ".




 


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