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Clause Page
Fisheries (Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Insertion of sections 153A and 153B 2
153A. Cancellation of scallop licences 2
153B. Acquisition of scallop licences 3
4. Consequential amendments 3
5. Supreme Court--limitation of jurisdiction 4
NOTES 5
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531118B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
A BILL
to amend the Fisheries Act 1968, the Fisheries Act 1995, to close the
Port Phillip Bay scallop dredge fishery and for other purposes.
Fisheries (Amendment) Act 1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to close the Port Phillip
Bay scallop dredge fishery.
2. Commencement
(1) Section 1 and this section come into operation on
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the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act come into
operation on a day to be proclaimed.
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Fisheries (Amendment) Act 1996
s. 3
Act No.
(3) If a provision of this Act is not in operation on 31
December 1997, it comes into operation on that
date.
3. Insertion of sections 153A and 153B
After section 153 of the Fisheries Act 1995
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insert--
"153A. Cancellation of scallop licences
(1) In section 14 of the Fisheries Act 1968--
(a) for sub-section (1)(b) substitute--
"(b) for dredging for or taking scallops
10
for sale (other than in or from the
waters of Port Phillip Bay);";
(b) in sub-section (3), after "take scallop
for sale" insert "in or from any waters
other than the waters of Port Phillip
15
Bay".
(2) Any licence issued under section 14 of the
Fisheries Act 1968 that licences a registered
fishing boat for dredging for or taking
scallops for sale in all Victorian waters or in
20
the waters of Port Phillip Bay is, by virtue of
this section, cancelled.
(3) If a licence that is cancelled by this section
included an entitlement to dredge for or take
scallops in waters other than the waters of
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Port Phillip Bay, the Secretary must
immediately issue a new licence that licenses
the registered fishing boat described in the
cancelled licence for dredging for or taking
scallops for sale in those other waters.
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(4) The Secretary must issue the new licence
under sub-section (3) at no additional cost to
the person who held the cancelled licence.
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s. 4 Act No.
(5) Subject to sub-section (3), any right or
privilege acquired or accrued against the
State of Victoria in respect of a licence
cancelled by this section is extinguished,
despite anything to the contrary in section
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14(2) of the Interpretation of Legislation
Act 1984.
153B. Acquisition of scallop licences
(1) The registered owner of a boat that has its
licence cancelled under section 153A is
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entitled to be paid an amount determined by
the Treasurer and the Minister.
(2) Despite any Act or law to the contrary, the
State of Victoria is not liable in any other
way for any loss, damage or injury
15
whatsoever resulting from the cancellation of
a licence under section 153A.
(3) Any amount determined by the Treasurer
and the Minister under this section must be
paid out of the Consolidated Fund (which is,
20
by this sub-section, appropriated to the
necessary extent).".
4. Consequential amendments
(1) For section 15(1)(h) of the Fisheries Act 1968
substitute--
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"(h) for a scallop licence permitting the dredging
or taking of scallop in all Victorian waters
(other than the waters of Port Phillip Bay)--
$1680 or such greater amount as is
prescribed from time to time;".
30
(2) After section 17(1B) of the Fisheries Act 1968
insert--
"(1C) A person must not dredge for scallops, or
take scallops for sale, in the waters of Port
Phillip Bay.
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s. 5
Act No.
Penalty: 100 penalty units or imprisonment
for 6 months.".
5. Supreme Court--limitation of jurisdiction
In section 144 of the Fisheries Act 1995--
(a) before "It" insert "(1)";
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(b) at the end of the section insert--
"(2) It is the intention of sections 153A and
153B to alter or vary section 85 of the
Constitution Act 1975.".
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531118B.I1-13/11/96 BILL LA INTRODUCTION 13/11/96
Fisheries (Amendment) Act 1996
Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Fisheries (Amendment) Act 1996
Act No.
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