Commonwealth Numbered Acts

Fishing Legislation Amendment Act 1985 No. 29 of 1985 - SECT 9

9. (1) Section 9 of the Principal Act is amended-

   (a)  by omitting from sub-section (2) all the words after "on" and
        substituting the following words and paragraphs:



"that person's behalf, for-

   (a)  taking fish in proclaimed waters or a specified area of the proclaimed
        waters; or

   (b)  a specified managed fishery,
and for processing and carrying fish that have been taken as a result of that
use of the boat";

   (b)  by omitting from sub-section (3) all the words after "on" and
        substituting the following words and paragraphs:



"that person's behalf, for-

   (a)  carrying, or processing and carrying, in proclaimed waters, or a
        specified area of proclaimed waters, fish that have been taken with
        the use of another boat; or

   (b)  carrying, or processing and carrying, in proclaimed waters, or a
        specified area of proclaimed waters, fish that have been taken with
        the use of another boat for a specified managed fishery";

   (c)  by omitting from sub-section (4) "under sub-section (2) or (3)" and
        substituting "by virtue of paragraph (2) (a) or (3) (a)";

   (d)  by omitting sub-section (5) and substituting the following
        sub-section:



"(5) A licence granted under this section-

   (a)  is subject to such conditions as are-

        (i)    specified in the licence;

        (ii)   prescribed in relation to-

                (A)  all licences granted under this section;

                (B)  a class of licences granted under this section in which
                     the licence is included; and

        (iii)  in the case of a licence granted by virtue of paragraph (2) (b)
               or (3) (b)-specified in the plan of management for the managed
               fishery in relation to which the licence has been granted;

   (b)  comes into force on the day specified for the purpose in the licence
        or, if no day is so specified, on the day on which it is granted; and

   (c)  remains in force, subject to sub-section (6A) and section 9A, until
        the day specified for the purpose in the licence, being-

        (i)    in the case of a licence granted under sub-section (1) or by
               virtue of paragraph (2) (a) or (3) (a)-a day in the period of
               12 months commencing on the day on which the licence came into
               force; or

        (ii)   in the case of a licence granted by virtue of paragraph (2) (b)
               or (3) (b)-a day in the period of 12 months commencing on the
               day on which the licence came into force or, if a different
               period is specified for the purpose in the plan of management
               for the managed fishery in relation to which the licence has
               been granted, a day in the period so specified.";

   (e)  by omitting from sub-section (5A) "in respect of a boat" and
        substituting ", or, in the case of a licence granted by virtue of
        paragraph (2) (b) or (3) (b), in the plan of management for the
        managed fishery in relation to which the licence has been granted,";

   (f)  by omitting sub-section (6) and substituting the following
        sub-sections:



"(6) Where a licence granted under this section is renewed under sub-section
(6B) (whether or not the licence has previously been renewed), the licence
remains in force, subject to sub-section (6A) and section 9A, until the day
specified for the purpose in the renewal, being-

   (a)  in the case of a licence granted under sub-section (1) or by virtue of
        paragraph (2) (a) or (3) (a)-a day in the period of 12 months
        commencing on the day on which the licence, the renewal of the licence
        or the last renewal of the licence, as the case requires, ceased to be
        in force; or

   (b)  in the case of a licence granted by virtue of paragraph (2) (b) or (3)
        (b)-a day in the period of 12 months commencing on the day on which
        the licence, the renewal of the licence or the last renewal of the
        licence, as the case requires, ceased to be in force or, if a
        different period is specified for the purpose in the plan of
        management for the managed fishery in relation to which the licence
        has been granted, a day in the period so specified.



"(6A) A licence granted under this section ceases to be in force if the holder
of the licence, by notice in writing given to the Minister, surrenders the
licence.



"(6B) Subject to sub-section (8ABA), the Minister may, upon application being
made by the holder of a licence granted under this section not earlier than 2
months, or later than one month, before the expiration of the period for which
the licence was granted, renewed or last renewed, as the case requires, renew
the licence with effect from the expiration of the last-mentioned period.";

   (g)  by inserting after sub-section (7) the following sub-section:



"(7A) Subject to sub-section (8AD), the Minister or the Secretary may, on the
application of the holder of a licence granted under this section in respect
of a boat, vary the licence by omitting the name of the boat and substituting
the name of another boat.";

   (h)  by omitting from sub-section (8) "or";
(j) by inserting in sub-section (8) "or the variation of a licence," after
"licence," (last occurring);

   (k)  by omitting sub-section (8A) and substituting the following
        sub-section:



"(8A) Regulations made for the purposes of sub-section (8) may prescribe
different fees, or prescribe different methods of calculating fees, in respect
of-

   (a)  licences included in different classes of licences; or

   (b)  endorsements of licences included in different classes of endorsements
        of licences.";

   (m)  by omitting from sub-sections (8AA) and (8AB) "Licences";

   (n)  by inserting after sub-section (8AB) the following sub-section:



"(8ABA) Where levy is payable under the Fisheries Levy Act 1984, or a fee is
payable under this Act, on or in respect of the renewal under this section of
a licence granted under this section, the Minister or the Secretary, as the
case requires, shall not renew the licence unless the holder of the licence
tenders the amount of the levy or fee, as the case may be.";

   (p)  by inserting after sub-section (8AC) the following sub-sections:



"(8AD) Where levy is payable under the Fisheries Levy Act 1984, or a fee is
payable under this Act, on or in respect of the variation under this section
of a licence granted under this section, the Minister or the Secretary, as the
case requires, shall not vary the licence unless the holder of the licence
tenders the amount of the levy or fee, as the case may be.



"(8AE) Where-

   (a)  a person has, under sub-section (6A), surrendered a licence granted
        under this section in respect of a boat; and

   (b)  the person had, at the time when the person surrendered the licence,
        notified the Minister that the person intended to apply for another
        licence under this section in respect of another boat,
the Minister may direct, in writing, that the fee that would be payable in
respect of the grant of the other licence is to be reduced by an amount that,
in the opinion of the Minister, is appropriate, and, where the Minister gives
such a direction, the fee shall be reduced by that amount."; and

   (q)  by inserting in sub-section (11) ", or a licence under this section
        and
another licence under this section," after "Territory".

(2) Section 9 of the Principal Act as amended by sub-section (1) of this
section applies to licences granted, before the commencement of this Act,
under section 9 of the Principal Act and to licences granted, after the
commencement of this Act, under section 9 of the Fisheries Act 1952.