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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
LIVING MARINE RESOURCES
MANAGEMENT (VALIDATION OF
DOCUMENTS) BILL 2002
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Validation of documents required to be in approved form,
&c.
5. Construction of Fisheries (Abalone) Rules 2000
6. Administration of Act
[Bill 91]-III
2
LIVING MARINE RESOURCES
MANAGEMENT (VALIDATION OF
DOCUMENTS) BILL 2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to validate certain documents issued or used
for the purposes of the Living Marine Resources
Management Act 1995, to remove uncertainty
regarding the construction of some statutory
references to dockets used in the regulation of the
commercial abalone fishery and for related
purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Living Marine Resources
Management (Validation of Documents) Act 2002.
Commencement
2. (1) This Act, other than section 5, commences on the
day on which this Act receives the Royal Assent.
(2) Section 5 commences on a day to be proclaimed.
[Bill 91] 3
s. 3 No. Living Marine Resources Management 2002
(Validation of Documents)
Interpretation
3. (1) In this Act, unless the contrary intention appears
"Act" means the Living Marine Resources
Management Act 1995;
"Department" means a department that was, at
any time during the validation period, the
responsible Department in relation to the Act;
"issued" means issued by a Department or its
Secretary;
"used" means used by a Department or its
Secretary;
"validation period" means the period commencing
on 31 May 1996 (the day on which the Act
commenced) and expiring immediately before
the day on which this Act receives the Royal
Assent.
(2) For the purposes of the Act, a document is taken
to have been issued to a person if it has been
(a) handed or otherwise given directly to the
person; or
(b) sent to the person by post, courier or facsimile
transmission; or
(c) collected by the person or by someone
authorised to collect it on the person's behalf;
or
(d) left for the person at a place and time agreed
to by the person; or
(e) used by the person or on the person's behalf; or
4
2002 Living Marine Resources Management No. s. 4
(Validation of Documents)
(f) accepted, copied or adapted for use by the
person or on the person's behalf.
Validation of documents required to be in approved
form, &c.
4. For the avoidance of doubt
(a) any application of the kind referred to in
section 12(1) or 77(1) of the Act that was made
during the validation period is, if accepted for
consideration by the Minister administering
the Act at the time of its lodgment, taken to
have been in a form approved for the purposes
of that section at that time; and
(b) any permit or licence issued or purportedly
issued under section 14 or 79 of the Act during
the validation period is taken to have been in a
form approved for the purposes of that section
when it was so issued or purportedly so issued;
and
(c) any identity card issued or purportedly issued
under section 164 or 165 of the Act during the
validation period is taken to have been in a
form approved for the purposes of that section
when it was so issued or purportedly so issued;
and
(d) any infringement notice served or purportedly
served under Division 5 of Part 9 of the Act
during the validation period is taken to have
been in a form approved for the purposes of
that Division when it was so served or
purportedly so served; and
(e) any document issued or used, or purportedly
issued or used, during the validation period for
5
s. 5 No. Living Marine Resources Management 2002
(Validation of Documents)
the purposes of section 145(1) of the Act is
taken to have been
(i) properly approved for issue or use for
the purposes of that section; and
(ii) in a form approved for the purposes of
that section when it was so issued or
used or purportedly so issued or used.
Construction of Fisheries (Abalone) Rules 2000
5. (1) In this section
"adjustment period" means the period
commencing on 1 January 2000 (the day on
which the Rules took effect) and expiring
immediately before the day proclaimed under
section 2(2);
"Rules" means the Fisheries (Abalone) Rules 2000.
(2) The Rules are to be read and construed as if,
throughout the adjustment period
(a) the expression "third copy" in rule 17(1)(c)(i) of
the Rules were "yellow sheet"; and
(b) the expression "white copy" in rule 29(4)(b) of
the Rules were "white sheet"; and
(c) the expression "the pink sheet and each copy"
in rule 29(5) of the Rules were "each sheet".
6
2002 Living Marine Resources Management No. s. 6
(Validation of Documents)
Administration of Act
6. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Primary Industries, Water and
Environment.
Government Printer, Tasmania 7