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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Fisheries (Amendment) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Amendment to definition of "Secretary" 2
4. Evidentiary matters 2
5. Interpretation 2
6. Consequential amendment 3
7. New section 120--Further savings and transitionals 3
120. Saving and transitional provisions--appointments
and delegations 3
8. Amendments to definitions 4
9. Annual reports 5
10. New section 41--Transitional provision 6
41. Transitional provision--annual reports 6
11. Other consequential amendments 6
__________________
SCHEDULE--Consequential Amendments 7
ENDNOTES 11
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551072B.I1-8/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 May 2003
A BILL
to amend the Fisheries Act 1995, the Conservation, Forests and
Lands Act 1987, the Surveillance Devices Act 1999 and various
other Acts and for other purposes.
Fisheries (Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Fisheries Act 1995 and the Conservation,
Forests and Lands Act 1987 to provide for the
5 responsibilities of the Secretary to the Department
of Primary Industries under those Acts.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
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Fisheries (Amendment) Act 2003
s. 3
Act No.
3. Amendment to definition of "Secretary"
See:
In section 4(1) of the Fisheries Act 1995, for the Act No.
definition of "Secretary" substitute-- 92/1995.
Reprint No. 3
' "Secretary" means the Secretary to the as at
16 November
5 Department of Primary Industries;'. 2002
and
amending
Act No.
80/2002.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Evidentiary matters
In sections 122(1)(g), 123(8), 124 and 124A of the
Fisheries Act 1995, for "under the seal of"
substitute "signed by".
10 5. Interpretation
See:
(1) In section 3(1) of the Conservation, Forests and Act No.
Lands Act 1987-- 41/1987.
Reprint No. 4
(a) in the definition of "Department", for as at
1 January
"Natural Resources and Environment" 1999
15 substitute "Sustainability and Environment"; and
amending
(b) for the definition of "Secretary" substitute-- Act Nos
70/1998,
66/2000,
' "Secretary" means--
44/2001 and
72/2001.
(a) in relation to the Fisheries Act LawToday:
1995 in section 11(2) and Part 9 www.dms.
dpc.vic.
20 (except section 94), the Secretary gov.au
to the Department of Primary
Industries; and
(b) in any other case, the body
corporate established by Part 2;'.
25 (2) In section 3(2) of the Conservation, Forests and
Lands Act 1987 for "Natural Resources and
Environment" substitute "Sustainability and
Environment".
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Fisheries (Amendment) Act 2003
s. 6
Act No.
(3) After section 3(2) of the Conservation, Forests
and Lands Act 1987 insert--
"(2A) A reference in this Act to anything done or to
be done by the Secretary by instrument under
5 seal when referring to the Secretary to the
Department of Primary Industries is to be
taken to mean done or to be done by the
Secretary by instrument in writing.".
6. Consequential amendment
10 In section 98(2) of the Conservation, Forests
and Lands Act 1987, for "(e) or (f) the Secretary
would, if it" substitute "(e), (f) or (g) the
Secretary would, if the Secretary".
7. New section 120--Further savings and transitionals
15 After section 119 of the Conservation, Forests
and Lands Act 1987 insert--
"120. Saving and transitional provisions--
appointments and delegations
If immediately before the commencement of
20 the Fisheries (Amendment) Act 2003 there
was in force--
(a) an appointment of an authorised officer
under section 83 for the purposes of the
Fisheries Act 1995; or
25 (b) a delegation under section 11(2) by the
body corporate established under Part 2
of a power, function or duty under the
Fisheries Act 1995--
that appointment or delegation continues in
30 force subject to this Act and the Fisheries
Act 1995 as if it were an appointment or
delegation made by the Secretary to the
Department of Primary Industries.".
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Fisheries (Amendment) Act 2003
s. 8
Act No.
8. Amendments to definitions
See:
(1) In section 3(1) of the Surveillance Devices Act Act No.
1999-- 21/1999
and
(a) in the definition of "chief law enforcement amending
Act Nos
5 officer", in paragraph (c), for "the Secretary" 61/2001,
substitute "the person who appointed the 18/2002 and
35/2002.
authorised officer under that Act"; LawToday:
www.dms.
(b) omit the definition of "Secretary"; dpc.vic.
gov.au
(c) in the definition of "senior law enforcement
10 officer", in paragraph (c), for "the Secretary"
substitute "the person who appointed the
authorised officer under that Act".
(2) For section 3(5) of the Surveillance Devices Act
1999 substitute--
15 "(5) If under the Public Sector Management
and Employment Act 1998 the name of the
Department of Sustainability and
Environment is changed, a reference in
section 37(1)(c) to that Department must,
20 from the date when the name is changed, be
treated as a reference to the Department by
its new name.
(6) If under the Public Sector Management
and Employment Act 1998 the name of the
25 Department of Primary Industries is
changed, a reference in section 37(1)(d) to
that Department must, from the date when
the name is changed, be treated as a
reference to the Department by its new
30 name.".
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Fisheries (Amendment) Act 2003
s. 9
Act No.
9. Annual reports
In section 37(1) of the Surveillance Devices Act
1999--
(a) in paragraph (c)--
5 (i) after "Secretary" insert "to the
Department of Sustainability and
Environment";
(ii) in sub-paragraph (i), after "1987"
insert "(other than those authorised
10 officers appointed for the purposes of
the Fisheries Act 1995)";
(iii) in sub-paragraph (ii), for "appropriate."
substitute "appropriate;";
(b) after paragraph (c) insert--
15 "(d) the Secretary to the Department of
Primary Industries must submit a report
to the Minister that includes the
following information--
(i) the number of applications for
20 warrants by and the number of
warrants issued to authorised
officers within the meaning of the
Fisheries Act 1995 during that
year; and
25 (ii) any other information relating to
the use of surveillance devices and
the administration of this Act that
the Minister considers
appropriate.".
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Fisheries (Amendment) Act 2003
s. 10
Act No.
10. New section 41--Transitional provision
After section 40 of the Surveillance Devices Act
1999 insert--
"41. Transitional provision--annual reports
5 Despite section 37(1) as amended by the
Fisheries (Amendment) Act 2003, the first
annual report submitted under section
37(1)(c) after the commencement of that Act
must include information relating to warrants
10 that were applied for or issued for the
purposes of the Fisheries Act 1995 during
the calendar year to which the report
relates.".
11. Other consequential amendments
15 The Act specified in the heading to an item in the
Schedule is amended as set out in that item.
__________________
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Fisheries (Amendment) Act 2003
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Act No.
SCHEDULE
CONSEQUENTIAL AMENDMENTS
1. Agricultural and Veterinary Chemicals (Control of Use) Act
1992
5 1.1 In section 4(1), in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
1.2 In section 4(6), for "Department of Natural Resources and
Environment" substitute "Department of Primary
10 Industries".
2. Agricultural Industry Development Act 1990
In section 3, in the definition of "Department Head", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
15 3. Barley Marketing Act 1993
3.1 In section 3(1), in the definition of "Victorian Department",
for "Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
3.2 In section 3(2), for "Department of Natural Resources and
20 Environment" substitute "Department of Primary
Industries".
4. Broiler Chicken Industry Act 1978
4.1 In section 2, in the definition of "Department Head", for
"Department of Natural Resources and Environment"
25 substitute "Department of Primary Industries".
4.2 In section 5(1) and (2), for "Department of Natural
Resources and Environment" substitute "Department of
Primary Industries".
5. Dairy Act 2000
30 In section 3, in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
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6. Domestic (Feral and Nuisance) Animals Act 1994
6.1 In section 3(1), in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
5 6.2 In section 3(2), for "Department of Natural Resources and
Environment" substitute "Department of Primary
Industries".
7. Drugs, Poisons and Controlled Substances Act 1981
7.1 In section 61(1), for the definition of "Secretary",
10 substitute--
' "Secretary" means the Secretary to the Department of
Primary Industries;'.
7.2 In section 119(ea), for "Department of Natural Resources
and Environment" substitute "Department of Primary
15 Industries".
8. Extractive Industries Development Act 1995
8.1 In section 3(1), in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
20 8.2 In section 3(2)(b), for "Department of Natural Resources
and Environment" substitute "Department of Primary
Industries".
9. Livestock Disease Control Act 1994
9.1 In section 3(1), in the definition of "Secretary", for
25 "Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
9.2 In sections 3(2) and 87(3)(b), for "Department of Natural
Resources and Environment" substitute "Department of
Primary Industries".
30 10. Meat Industry Act 1993
10.1 In section 3(1), in the definitions of "chief veterinary
officer" and "Secretary", for "Department of Natural
Resources and Environment" substitute "Department of
Primary Industries".
35 10.2 In sections 3(1A), 30(6) and 48(2)(b), for "Department of
Natural Resources and Environment" substitute
"Department of Primary Industries".
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Act No.
11. Melbourne Market Authority Act 1977
In section 40(2)(c), for "Department of Natural Resources
and Environment" substitute "Department of Primary
Industries".
5 12. Mineral Resources Development Act 1990
12.1 In section 4(1), in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
12.2 In section 4(2), for "Department of Natural Resources and
10 Environment" substitute "Department of Primary
Industries".
13. Murray Valley Citrus Marketing Act 1989
13.1 In section 3(1), in paragraph (a) of the definition of
"Directors", for "Department of Natural Resources and
15 Environment" substitute "Department of Primary
Industries".
13.2 In section 3(1), in the definition of "State director", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
20 13.3 In sections 3(2) and 51(3)(b), for "Department of Natural
Resources and Environment" substitute "Department of
Primary Industries".
14. Petroleum Act 1998
In section 4, in the definition of "Department", for
25 "Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
15. Pipelines Act 1967
15.1 In section 23(1) and (2), for "Department of Natural
Resources and Environment" (wherever occurring)
30 substitute "Department of Sustainability and Environment".
15.2 In sections 41(2), 42(1)(b) and 47(2)(c) for "Department of
Natural Resources and Environment" substitute
"Department of Primary Industries".
16. Plant Health and Plant Products Act 1995
35 16.1 In section 3(1), in the definition of "Secretary", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
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Act No.
16.2 In section 3(1A), for "Department of Natural Resources and
Environment" substitute "Department of Primary
Industries".
17. Prevention of Cruelty to Animals Act 1986
5 17.1 In section 3(1), in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".
17.2 In section 3(2), for "Department of Natural Resources and
Environment" substitute "Department of Primary
10 Industries".
18. Stock (Seller Liability and Declarations) Act 1993
In section 3(1), in the definitions of "Secretary" and
"Secretary of the Department", for "Department of Natural
Resources and Environment" substitute "Department of
15 Primary Industries".
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Fisheries (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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