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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fisheries (Further Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Recreational fishing 2
4. Section 48 repealed 4
5. Permit for indigenous cultural activities 4
6. Licence and permit variations 4
7. New section 64AB inserted 5
64AB. Sub-zone orders 5
8. General quota order provisions 6
9. New section 66A inserted 6
66A. Offences in relation to sub-zones 6
10. New section 68B inserted 7
68B. Possession of fish taken in non-Victorian waters 7
11. Fisheries reserves 8
12. Fisheries Co-Management Council 8
13. Recognised peak bodies 8
14. New sections 99 and 100 inserted 8
99. Documents relating to receipt of priority species 8
100. Documents to be kept for 3 years 9
15. Secretary may require return 9
16. Powers of entry and inspection 11
17. Powers of authorised officers 11
18. New section 102A inserted 11
102A. Production of financial records 11
19. Provisions relating to the seizure of items 12
20. Forfeiture or return of things seized 12
21. New section 106A inserted 13
106A. Magistrates' Court may extend 90 day period 13
22. Amendment to section 108 13
23. Hot pursuit of persons and boats beyond Victorian waters 14
24. Amendment to section 111 14
25. Amendment to section 113 14
26. New section 124A inserted 14
124A. Statement to be evidence of certain matters 14
27. Amendment to section 128 16
28. Amendment to section 129 16
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Clause Page
29. Amendment to section 131 16
30. Levy may be fixed by reference to quota units 16
31. Regulatory impact statement not required 17
ENDNOTES 18
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541259B.A1-10/5/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 17 April 2002
As amended by Assembly 9 May 2002
A BILL
to amend the Fisheries Act 1995 and for other purposes.
Fisheries (Further Amendment) Act
2002
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Fisheries
Act 1995 to--
(a) require holders of recreational fishery
5 licences to produce their licences for
inspection when fishing;
(b) enable general permits to be issued for
indigenous cultural ceremonies or events;
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Fisheries (Further Amendment) Act 2002
s. 2
Act No.
(c) enable allowable catch to be set for sub-
zones;
(d) strengthen the enforcement provisions;
(e) facilitate the operation of the Fisheries Act
5 1995.
2. Commencement
(1) This Act, except sections 3 and 4, comes into
operation on the day after the day on which it
receives the Royal Assent.
10 (2) Subject to sub-section (3), sections 3 and 4 come
into operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 July 2003, it
comes into operation on that day.
15 3. Recreational fishing
See: (1) In section 44 of the Fisheries Act 1995--
Act No.
92/1995.
(a) paragraph (b) is repealed;
Reprint No. 2
as at
(b) for paragraph (c) substitute--
17 May 2001
and
"(c) take or attempt to take fish from marine
amending
20 Act No. waters; or".
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
(2) At the end of section 44 of the Fisheries Act 1995
insert--
"(2) A person must comply with sub-section (3)
if the person claims to be the holder of a
25 recreational fishery licence and the person--
(a) takes or attempts to take fish from
inland waters; or
(b) takes or attempts to take fish from
marine waters; or
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Fisheries (Further Amendment) Act 2002
s. 3
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(c) uses or possesses a recreational hoop
net or a recreational mesh net in, on or
next to Victorian waters.
Penalty: 5 penalty units.
5 (3) An authorised officer or member of the
police force may require a person to whom
sub-section (2) applies--
(a) to produce the licence for inspection on
demand immediately; or
10 (b) if the person does not have the licence
in his or her possession, to produce the
licence at a time within 7 days of the
demand at a place stipulated by the
authorised officer or member of the
15 police force.
(4) If an authorised officer or a member of the
police force directs a person to whom sub-
section (2) applies to produce a licence at a
subsequent time and place, it is a sufficient
20 compliance with the direction if the person
sends by post to the authorised officer or
member within 7 days after first returning to
his or her place of residence after the
demand is made--
25 (a) the licence and a stamped addressed
envelope for the return of the licence;
or
(b) a copy of the licence certified to be a
true copy by a person specified in
30 section 107A of the Evidence Act
1958.
(5) The statement on oath of an authorised
officer or a member of the police force that
the holder of a licence failed to produce on
35 demand on a specified day the licence and,
having been directed to produce the licence
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to the authorised officer or member within
7 days thereafter, failed to produce the
licence or to send by post the licence or a
certified copy of the licence, is evidence
5 until the contrary is proven, that the person
was not the holder of a recreational fishery
licence under the Act on that specified day.".
(3) In section 45(1) of the Fisheries Act 1995--
(a) paragraph (b) is repealed;
10 (b) in paragraph (c), omit "other than rock
lobster".
(4) Section 47(2) of the Fisheries Act 1995 is
repealed.
4. Section 48 repealed
15 Section 48 of the Fisheries Act 1995 is repealed.
5. Permit for indigenous cultural activities
(1) In section 49(2)(g)(ii) of the Fisheries Act 1995,
for "bait." substitute "bait;".
(2) After section 49(2)(g) of the Fisheries Act 1995
20 insert--
"(h) to take fish (in areas where recreational
fishing is authorised under this Act) for a
specified indigenous cultural ceremony or
event.".
25 6. Licence and permit variations
(1) In section 54(1) of the Fisheries Act 1995, for
"The Secretary" substitute "Subject to sub-section
(1B), the Secretary".
(2) After section 54(1A) of the Fisheries Act 1995
30 insert--
"(1B) The Secretary must not vary--
(a) a fishery licence or a permit; or
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(b) a condition on a fishery licence or
permit; or
(c) a class of fishery licence; or
(d) a condition on a class of fishery
5 licence--
if the variation would be inconsistent with
any regulations, management plan or
Ministerial direction.".
7. New section 64AB inserted
10 After section 64A of the Fisheries Act 1995
insert--
"64AB. Sub-zone orders
(1) The Minister may, by further order published
in the Government Gazette--
15 (a) declare that a quota fishery includes a
sub-zone; and
(b) set the portion of the total allowable
catch for the quota fishery that applies
in respect of a specified sub-zone; and
20 (c) determine the method for allocating
that portion of the total allowable catch
to the holders of access licences issued
in respect of the quota fishery.
(2) The Minister may revoke or amend an order
25 under sub-section (1) at any time by an order
published in the Government Gazette.
(3) The Secretary must give the holder of an
access licence in a quota fishery a sub-zone
notice setting out details of the allocation of
30 the portion of the total allowable catch in
respect of the specified sub-zone that is
applicable to the licence holder as soon as is
practicable after a sub-zone order under this
section is published.".
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8. General quota order provisions
In section 64B(1) of the Fisheries Act 1995--
(a) for "section 64 or 64A" substitute "section
64, 64A or 64AB";
5 (b) for "recommendation" substitute "making,
revoking or amending of the order".
9. New section 66A inserted
After section 66 of the Fisheries Act 1995
insert--
10 "66A. Offences in relation to sub-zones
(1) During any specified quota period, the holder
of an access licence must not take any fish in
excess of the fish specified in the sub-zone
notice given to the holder of the access
15 licence.
Penalty:
(a) For a first offence, 50 penalty units.
(b) For a subsequent offence, 100 penalty
units or 6 months imprisonment or
20 both, and the forfeiture of the number
of individual quota units equivalent to
the quantity of excess fish taken.
(2) If a person who is acting on behalf of the
holder of an access licence takes any fish in
25 excess of the fish specified in the sub-zone
notice given to the holder of the licence--
(a) the person is liable to the relevant fines
specified in sub-section (1); and
(b) the relevant forfeiture applies to the
30 licence.".
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10. New section 68B inserted
After section 68A of the Fisheries Act 1995
insert--
"68B. Possession of fish taken in non-Victorian
5 waters
(1) Unless otherwise permitted or authorised
under this Act, a person must not have in his
or her possession fish taken in waters of the
Commonwealth or another State or Territory
10 of the Commonwealth--
(a) that are less than the minimum size, or
that are more than the maximum size,
specified for that species of fish; or
(b) that are more than the catch limit for
15 that species of fish--
under the corresponding law of the
Commonwealth or that State or Territory.
Penalty:
(a) If the offence involves exceeding
20 the catch limit for abalone by
more than twice the catch limit--
(i) for a first offence--
50 penalty units or
imprisonment for 3 months
25 or both;
(ii) for a subsequent offence--
100 penalty units or
imprisonment for 6 months
or both.
30 (b) In any other case--20 penalty
units.
(2) For the purposes of sub-section (1), if the
corresponding law of the Commonwealth,
State or Territory of the Commonwealth
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Fisheries (Further Amendment) Act 2002
s. 11
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does not specify relevant size and catch
limits, sub-section (1) applies as if the
corresponding law of the Commonwealth,
State or Territory of the Commonwealth
5 specified the size and catch limits that would
apply if the fish had been taken in Victorian
waters.".
11. Fisheries reserves
(1) In section 88(1) of the Fisheries Act 1995 omit
10 "or the Crown Land (Reserves) Act 1978".
(2) Sections 88(5)(c) and 88(7) of the Fisheries Act
1995 are repealed.
12. Fisheries Co-Management Council
In section 90(3)(c) of the Fisheries Act 1995, for
15 "traditional fishing uses" substitute "indigenous
fishing uses".
13. Recognised peak bodies
In section 95(1) of the Fisheries Act 1995--
(a) for "must, not later than 12 months after the
20 commencement of this section," substitute
"may";
(b) in paragraph (a), after "interests" insert "or
seafood industry interests".
14. New sections 99 and 100 inserted
25 After the Heading to Division 1 of Part 7 of the
Fisheries Act 1995 insert--
"99. Documents relating to receipt of priority
species
(1) A person who receives any fish that is a
30 priority species for the purpose of sale,
whether by wholesale or retail, must keep a
document showing--
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s. 15
Act No.
(a) the name and address of the person
from whom the fish was received; and
(b) the species and quantity of fish received
from that person; and
5 (c) the date the fish was received.
Penalty: 50 penalty units.
(2) An authorised officer or member of the
police force may require a person who is
required to keep a document under sub-
10 section (1) to produce the document for
inspection on demand.
Penalty: 50 penalty units.
100. Documents to be kept for 3 years
A person must keep for a period of 3 years
15 from the date on which a document is
created or received any document that is
required by this Act to be kept.
Penalty: 50 penalty units.".
15. Secretary may require return
20 For section 101(1) of the Fisheries Act 1995
substitute--
"(1) The Secretary may by notice in writing
served on any person require that person
within any reasonable time specified in the
25 notice to furnish to the Secretary or to some
other person or officer specified by the
Secretary a statement supported by a
statutory declaration attesting to the truth of
such of the following as are specified in the
30 notice--
(a) in the case of the person, whether as
principal or agent, who took, produced
or consigned fish, protected aquatic
biota or noxious aquatic species--
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(i) the quantity of those fish,
protected aquatic biota or noxious
aquatic species; and
(ii) the number of persons engaged or
5 employed in taking or producing
those fish, protected aquatic biota
or noxious aquatic species and the
number of hours those persons
were so engaged or employed; and
10 (iii) the name and address of each
person engaged or employed in
taking or producing those fish,
protected aquatic biota or noxious
aquatic species; and
15 (iv) the equipment and methods used
to take or produce those fish,
protected aquatic biota or noxious
aquatic species; and
(v) the name and address of each
20 person to whom those fish,
protected aquatic biota or noxious
aquatic species were consigned,
transported or delivered; and
(vi) the address of the premises to
25 which those fish, protected aquatic
biota or noxious aquatic species
were consigned, transported or
delivered;
(b) in the case of the person, whether as
30 principal or agent, who received fish,
protected aquatic biota or noxious
aquatic species--
(i) the quantity of those fish,
protected aquatic biota or noxious
35 aquatic species; and
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(ii) the name and address of each
person from whom those fish,
protected aquatic biota or noxious
aquatic species were consigned,
5 transported or delivered.".
16. Powers of entry and inspection
For section 102(2)(h) of the Fisheries Act 1995
substitute--
"(h) inspecting any document which the
10 authorised officer or member of the police
force reasonably believes to be relevant for
the purpose of ascertaining whether or not
the provisions of this Act, the regulations or
a fisheries notice are being observed;
15 (ha) making extracts, copies or notes of the
contents of a document inspected under
paragraph (h);".
17. Powers of authorised officers
In section 102(6)(a) of the Fisheries Act 1995,
20 omit "by the holders of licences and permits".
18. New section 102A inserted
After section 102 of the Fisheries Act 1995
insert--
"102A. Production of financial records
25 (1) An authorised officer or member of the
police force may, upon reasonable notice, for
the purpose of ascertaining whether or not
the provisions of this Act, the regulations or
a fisheries notice are being observed--
30 (a) require the production of any financial,
accounting or business records kept by
the holder of a licence or permit which
relate to any activity connected with
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s. 19
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being the holder of the licence or
permit; and
(b) examine those records when so
produced; and
5 (c) make extracts, copies or notes of the
contents.
(2) For the purposes of sub-section (1),
financial, accounting or business records
created on behalf of the holder of a licence or
10 permit and in the possession of a third party
are deemed to be kept by the holder of the
licence or permit.".
19. Provisions relating to the seizure of items
In section 104(5) of the Fisheries Act 1995, for
15 "14 days" substitute "21 days".
20. Forfeiture or return of things seized
(1) After section 106(5) of the Fisheries Act 1995
insert--
"(5A) A court must order the forfeiture of the thing
20 under sub-section (5) if the person in respect
of whom the court found an offence proven
has previously been convicted or found
guilty on 2 or more occasions of offences
involving priority species under section
25 36(1), 37(1), 40(1), 67(1), 68A(4B), 68A(5)
or 116(1).".
(2) In section 106(6) of the Fisheries Act 1995--
(a) for "If" substitute "Subject to sub-section
(6A), if";
30 (b) for "60 days" (where twice occurring)
substitute "90 days".
(3) After section 106(6) of the Fisheries Act 1995
insert--
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s. 21
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"(6A) Sub-section (6) does not apply to anything--
(a) which is forfeited to the Crown under
sub-section (1); or
(b) the sale, possession or use of which is
5 prohibited by or under this Act; or
(c) which is fish taken in contravention of
this Act, the regulations or a fisheries
notice.".
21. New section 106A inserted
10 After section 106 of the Fisheries Act 1995
insert--
"106A. Magistrates' Court may extend 90 day
period
(1) An authorised officer or member of the
15 police force may apply to the Magistrates'
Court within 90 days after seizing a
document or other thing under this Act for an
extension of the period for which the
inspector may retain the document or thing.
20 (2) The Magistrates' Court may order such an
extension if it is satisfied that retention of the
document or other thing is necessary--
(a) for the purposes of an investigation into
whether a contravention of this Act, the
25 regulations or a fisheries notice has
occurred; or
(b) to enable evidence of a contravention of
this Act, the regulations or a fisheries
notice to be obtained for the purposes
30 of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
application to be given to any person.".
22. Amendment to section 108
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Fisheries (Further Amendment) Act 2002
s. 23
Act No.
In section 108(2) of the Fisheries Act 1995, after
"sub-section (1)" insert "or finds a person guilty
of an offence against sub-section (1)".
23. Hot pursuit of persons and boats beyond Victorian
5 waters
(1) Insert the following heading to section 110 of the
Fisheries Act 1995--
"Hot pursuit of persons and boats beyond
Victorian waters".
10 (2) In section 110(1) of the Fisheries Act 1995, for
"the coastal waters of Victoria" substitute
"Victorian waters".
24. Amendment to section 111
In section 111(1)(e) of the Fisheries Act 1995,
15 after "102" insert "or 102A".
25. Amendment to section 113
In section 113(2) of the Fisheries Act 1995, after
"sub-section (1)" insert "or finds a person guilty
of an offence against sub-section (1)".
20 26. New section 124A inserted
After section 124 of the Fisheries Act 1995
insert--
"124A. Statement to be evidence of certain matters
A statement in writing purporting to be under
25 the seal of the Secretary to the effect that--
(a) on a specified date or during a specified
period a person was or was not
authorised to do anything under an
authorisation, or was or was not
30 exempted from this Act or a specified
provision of this Act; or
(b) on a specified date or during a specified
period a specified vessel, premises or
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Fisheries (Further Amendment) Act 2002
s. 26
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other thing was or was not the subject
of an authorisation or exemption; or
(c) on a specified date or during a specified
period a specified authorisation or
5 exemption was cancelled, suspended or
for any other specified reason was of no
effect;
(d) on a specified date or during a specified
period a specified authorisation or
10 exemption was subject to a specified
condition; or
(e) on a specified date or during a specified
period the Secretary or an authorised
officer had been notified by a specified
15 person in accordance with a
requirement under this Act, the
regulations or a condition in a licence
or permit, that a specified person had
taken, received, dispatched or sold a
20 specified quantity, form or type of fish;
or
(f) on a specified date or during a specified
period the Secretary or an authorised
officer had not received a report from a
25 specified person in accordance with a
requirement under this Act, the
regulations or a condition in a licence
or permit; or
(g) on a specified date or during a specified
30 period the Secretary or an authorised
officer had received a report from a
specified person in accordance with a
requirement under this Act, the
regulations or a condition in a licence
35 or permit containing the information
specified; or
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Fisheries (Further Amendment) Act 2002
s. 27
Act No.
(h) on a specified date or during a specified
period the Secretary or an authorised
officer had received a return from a
specified person in accordance with a
5 requirement under this Act, the
regulations or a condition in a licence
or permit containing levels of catches
of fish or similar statistical information
specified--
10 is evidence of the facts stated in the
statement.".
27. Amendment to section 128
In section 128 of the Fisheries Act 1995--
(a) in sub-sections (1) and (3), after "convicted"
15 insert "or found guilty";
(b) in sub-sections (4) and (6), after "convicted
person" insert "or person found guilty".
28. Amendment to section 129
In section 129 of the Fisheries Act 1995, after "an
20 offence" insert "or finds a corporation guilty of an
offence".
29. Amendment to section 131
In section 131(2) of the Fisheries Act 1995, for
"incurred by" substitute "or finding of guilt of".
25 30. Levy may be fixed by reference to quota units
After section 151(2)(c) of the Fisheries Act 1995
insert--
"; or
(d) in proportion to the number of quota units
30 held.".
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Fisheries (Further Amendment) Act 2002
s. 31
Act No.
31. Regulatory impact statement not required
After section 151(8) of the Fisheries Act 1995
insert--
"(8A) Despite the Subordinate Legislation Act
5 1994, a regulatory impact statement is not
required before a regulation is made under
this section if--
(a) the proposed increase in the rate of levy
is to be charged, levied and collected
10 from a class of access licence holder
represented by a particular recognised
peak body; and
(b) the Minister has consulted with the
particular recognised peak body; and
15 (c) the particular recognised peak body has
advised the Minister in writing that
each of the affected access licence
holders has agreed to the proposed
increase in the rate of levy; and
20 (d) the Minister certifies in writing that this
sub-section has been complied with.
(8B) The Minister must ensure that a copy of the
certificate under sub-section (8A) is given to
the Scrutiny of Acts and Regulations
25 Committee as soon as practicable after the
statutory rule is made.
(8C) A copy of the certificate under sub-section
(8A) must be laid before each House of the
Parliament at the same time as the statutory
30 rule is so laid under section 15 of the
Subordinate Legislation Act 1994.".
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Fisheries (Further Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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