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PARLIAMENT OF VICTORIA
Primary Industries Acts (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986 3
3. Insertion of sections 12A and 12B 3
12A. Registration of interstate orders 3
12B. Governor in Council may declare corresponding law 6
4. Search warrants for premises 6
5. Section 21B substituted 6
21B. Announcement before entry under search warrant 6
6. Insertion of sections 21D to 21M 7
21D. Power to seize things 7
21E. Receipt must be given for any thing seized 7
21F. Copies of certain seized things to be given 8
21G. Access to seized things 9
21H. Return of seized thing before commencement of
proceedings 9
21I. Return of seized things 10
21J. Magistrates' Court may extend retention period 11
21K. Dispute as to person entitled to return of seized thing 12
21L. Unclaimed seized thing may be sold or destroyed 13
21M. Forfeiture of seized things 14
7. Powers of specialist inspectors 14
8. Warrants to seize animals 14
9. Insertion of sections 24K to 24Q 15
24K. Warrant to seize animal held in contravention of
section 12 or 12A 15
24L. Announcement before entry under warrant 16
24M. Details of seizure warrant to be given to occupier 17
24N. Sale of seized animal 17
24O. Destruction of seized animal 19
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Clause Page
24P. Recovery of costs 19
24Q. Certain provisions apply to animals seized under
section 24K 19
PART 3--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 21
10. Menacing dog to be permanently identified 21
11. Cats without identification may be seized 21
12. Dogs seized on suspicion of offence may be destroyed if
owner not located 21
PART 4--AMENDMENTS TO THE FISHERIES ACT 1995 24
13. Offences in relation to size and catch limits 24
14. Requirement to produce documents 24
15. Fisheries notices may fix size limits 25
ENDNOTES 26
ii
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PARLIAMENT OF VICTORIA
A BILL
to amend the Prevention of Cruelty to Animals Act 1986, the
Domestic (Feral and Nuisance) Animals Act 1994 and the Fisheries
Act 1995 and for other purposes.
Primary Industries Acts (Amendment)
Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are--
(a) to amend the Prevention of Cruelty to
Animals Act 1986--
5
1
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Primary Industries Acts (Amendment) Act 2005
Act No.
Part 1--Preliminary Matters
s. 2
(i) to provide for the registration and
enforcement of interstate court orders
relating to the custody of animals; and
(ii) to strengthen the enforcement
provisions of that Act with respect to
5
the seizure of animals and other things;
and
(b) to amend the Domestic (Feral and
Nuisance) Animals Act 1994--
(i) to require the permanent identification
10
of menacing dogs; and
(ii) to provide for the seizure of cats not
wearing identification; and
(iii) to provide for the power to destroy
seized dogs whose owners cannot be
15
located; and
(c) to amend the Fisheries Act 1995--
(i) to enable size limits for a species of fish
to be fixed by a fisheries notice; and
(ii) to strengthen the enforcement powers
20
in that Act in relation to the production
of documents and records.
2. Commencement
(1) This Act (except section 10) comes into operation
on the day after the day on which it receives the
25
Royal Assent.
(2) Subject to sub-section (3), section 10 comes into
operation on a day to be proclaimed.
(3) If section 10 does not come into operation before
31 March 2007, it comes into operation on that
30
day.
__________________
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Primary Industries Acts (Amendment) Act 2005
Act No.
Part 2--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 3
See:
PART 2--AMENDMENTS TO THE PREVENTION OF
Act No.
CRUELTY TO ANIMALS ACT 1986 46/1986.
Reprint No. 6
as at
3. Insertion of sections 12A and 12B 5 August 2004
and
After section 12 of the Prevention of Cruelty to amending
Animals Act 1986 insert--
5 Act Nos
69/2004 and
'12A. Registration of interstate orders 108/2004.
Law Today:
www.dms.
(1) In this section-- dpc.vic.
gov.au
"corresponding law" means a provision of
a law of another State or Territory
declared by an Order of the Governor
10
in Council under section 12B to be a
corresponding law for the purposes of
this section;
"interstate minister" means the minister
responsible for administering a
15
corresponding law;
"interstate order" means a court order
made under a corresponding law;
"register" means a register kept for the
purposes of this section.
20
(2) On the written request of an interstate
minister, the Minister may register an
interstate order.
(3) The Minister must not register an interstate
order under this section unless the interstate
25
minister has provided the Minister with a
copy, or an extract of the operative
provisions, of the order.
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(4) On registering an interstate order under this
section, the Minister must ensure that any
details specified in the regulations relating to
the registration of interstate orders under this
section are recorded on the copy or extract of
5
the order and in the register (as the case
requires).
(5) As soon as possible after registering an
interstate order, the Minister must ensure that
a notice is served on the person who is the
10
subject of the order either personally or by
registered post at the last known address of
that person.
(6) The notice must inform the person--
(a) that the relevant interstate order has
15
been registered under this section; and
(b) that the registration of the order does
not take effect until 14 days after the
notice is served on the person; and
(c) that from the time the registration takes
20
effect, a contravention of the order in
Victoria is an offence under sub-
section (8).
(7) The registration of an interstate order
registered under this section takes effect
25
14 days after notice is served in accordance
with sub-section (5) on the person who is the
subject of the order.
(8) A person who is the subject of an interstate
order, the registration of which is in effect in
30
Victoria, must not have custody of an animal
in contravention of that order.
Penalty: 60 penalty units or imprisonment
for 6 months or both.
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(9) Sub-section (8) applies even if the order is
varied after it is registered.
(10) However, if an interstate order is varied after
it is registered to create a new obligation on
the person to whom the order relates,
5
proceedings against the person in respect of a
contravention of that obligation must not be
started unless the person had notice of the
obligation before the contravention occurred.
(11) In proceedings for an alleged offence against
10
sub-section (8)--
(a) production of a certificate signed by the
Minister stating that an interstate order
was registered on a specified date is
prima facie evidence of the registration
15
under this section of the order; and
(b) production of a certificate signed by the
interstate minister setting out the terms
of the interstate order at a particular
date is prima facie evidence of the
20
terms of the order on that date.
(12) All courts and tribunals, and any person
acting judicially, must take judicial notice
of--
(a) the signature of the person who is or
25
was the Minister, and of the fact that
the person is or was the Minister; and
(b) the signature of the person who is or
was the interstate minister, and of the
fact that the person is or was the
30
interstate minister.
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12B. Governor in Council may declare
corresponding law
(1) The Governor in Council may, by Order
published in the Government Gazette,
declare a provision of a law of another State
5
or a Territory to be a corresponding law for
the purposes of section 12A if that provision
substantially corresponds with section 12.
(2) An Order under sub-section (1) has effect as
from the date the Order is published or from
10
any later date specified in the Order.'.
4. Search warrants for premises
In section 21A of the Prevention of Cruelty to
Animals Act 1986, for "in the premises"
(wherever occurring) substitute "in or on the
15
premises".
5. Section 21B substituted
For section 21B of the Prevention of Cruelty to
Animals Act 1986 substitute--
"21B. Announcement before entry under search
20
warrant
(1) Before executing a warrant under
section 21A, the inspector named in the
warrant or any other person authorised under
section 21A(3)--
25
(a) must announce that he or she is
authorised by the warrant to enter the
premises; and
(b) must give any person at the premises an
opportunity to allow entry to the
30
premises.
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(2) An inspector or authorised person need not
comply with sub-section (1) if he or she
believes, on reasonable grounds, that
immediate entry to the premises is required
to ensure--
5
(a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.".
6. Insertion of sections 21D to 21M
After section 21C of the Prevention of Cruelty to
10
Animals Act 1986 insert--
"21D. Power to seize things
(1) An inspector may seize any thing (including
an animal) that he or she reasonably believes
has been used in connection with the
15
commission of an offence against this Act or
the regulations.
(2) In exercising a power under sub-section (1),
an inspector may do any one or more of the
following--
20
(a) inspect and examine the thing;
(b) measure the thing;
(c) take photographs (including video
recordings) of the thing.
(3) The powers of an inspector under this section
25
are in addition to any other power given to
an inspector by this Division.
21E. Receipt must be given for any thing seized
(1) An inspector may not seize a thing under
section 21D, apparently in the possession or
30
custody of a person, unless he or she makes
out and tenders to the person a receipt for the
thing seized that--
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(a) identifies the thing; and
(b) states the name of the inspector and the
reason why the thing is being seized.
(2) If an inspector is unable to discover the
identity of the owner or custodian of any
5
thing seized, the inspector must leave the
receipt with, or post it to, the owner of the
premises from which the thing was seized.
21F. Copies of certain seized things to be given
(1) If an inspector seizes under section 21D--
10
(a) a document; or
(b) a thing that can be readily copied; or
(c) a storage device that contains
information that can be readily
copied--
15
the inspector must give a copy of the thing or
information to the owner or custodian of the
document, thing or device as soon as is
practicable after the seizure.
(2) Sub-section (1) does not apply if the
20
inspector is unable to discover the identity of
the owner or custodian of the document,
thing or device.
(3) If it is not practicable to comply with sub-
section (1) in respect of a thing before the
25
inspector finishes the search, the inspector
must give a receipt for the thing to the person
from whom it is seized and removed.
(4) In the case of a paper document, the
inspector must certify on any copy of the
30
document given to a person under this
section that the copy is an accurate copy of
the document.
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s. 6
(5) A copy of a document certified under sub-
section (4) is to be received in all courts and
tribunals as evidence of equal validity to the
original.
21G. Access to seized things
5
(1) If a thing is seized under section 21D, the
inspector who seized the thing must, if
practicable, allow the person who would
normally be entitled to possession of the
thing reasonable access to it while it remains
10
in the possession, or under the control, of the
inspector.
(2) This section does not apply--
(a) if the inspector has given the person an
accurate copy of the thing; or
15
(b) if the possession, use or setting of the
thing is an offence against this Act or
the regulations.
21H. Return of seized thing before
commencement of proceedings
20
(1) If a thing has been seized by an inspector
under section 21D and proceedings have not
been commenced against a person for the
commission of an offence in relation to
which the thing was seized, any person who
25
claims to be entitled to possession of the
thing may apply in writing to the
Magistrates' Court for an order directing the
inspector to return the thing to the person.
(2) If an application is made to the Magistrates'
30
Court the applicant must, as soon as possible
after filing the application at the Court, give
a copy of the application to the inspector.
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(3) After hearing an application the Magistrates'
Court may make an order directing the
inspector to return the thing to the
applicant--
(a) if the Court is satisfied that the thing is
5
reasonably required by the applicant to
carry on the applicant's business or
occupation; and
(b) the Court has considered whether the
thing is reasonably likely to be tendered
10
as evidence in proceedings for an
offence against this Act or the
regulations.
(4) The Court may include any conditions in the
order that it considers appropriate including
15
that the thing be returned for the purposes of
proceedings for an offence against this Act
or the regulations.
(5) This section does not apply to a thing, the
possession, use or setting of which is an
20
offence against this Act or the regulations.
21I. Return of seized things
(1) If an inspector seizes a thing under
section 21D, he or she must take reasonable
steps to return the thing to the person from
25
whom it was seized if the reason for its
seizure no longer exists.
(2) If the thing has not been returned before the
end of 60 days after the seizure, the inspector
must take reasonable steps to return it
30
unless--
(a) if proceedings have commenced within
that 60 days or any extended period
under section 21J, those proceedings
(including any appeal) have not been
35
completed; or
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(b) a court makes an order under
section 21J extending the period during
which the thing may be retained by the
inspector; or
(c) the possession, use or setting of the
5
thing is an offence against this Act or
the regulations; or
(d) the thing is forfeited to the Crown
under section 21M.
21J. Magistrates' Court may extend retention
10
period
(1) Subject to sub-section (2), an inspector may
apply to the Magistrates' Court within
60 days after seizing a thing under section
21D, or within any period extended by the
15
Court under this section, for an extension of
the period during which the inspector may
retain the thing.
(2) The Court may order an extension if it is
satisfied that retention of the thing is
20
necessary for the purposes of the
investigation in relation to which the thing
was seized.
(3) The Court may adjourn an application to
enable notice of the application to be given
25
to any person.
(4) In ordering an extension the Court must
ensure that the period during which a thing
may be retained by an inspector does not
exceed 12 months after the day that it was
30
seized.
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21K. Dispute as to person entitled to return of
seized thing
(1) If a dispute arises as to to whom a thing
seized by an inspector under section 21D
should be returned, any person seeking
5
possession of the thing may apply to the
Magistrates' Court for an order that the thing
be given to that person.
(2) The person making the application must give
notice of the application to the inspector and
10
to every other person that the person should
be aware claims, or may have a claim to,
possession or ownership of the thing.
(3) On receiving notice of an application relating
to a thing, the inspector who seized the thing
15
must retain possession of the thing until the
application is determined, abandoned or
withdrawn.
(4) After hearing an application, the Magistrates'
Court may order the inspector to give the
20
thing to a particular person if it is satisfied--
(a) that at the time of making the order, the
person has a better claim to the
possession of the thing than any other
person; and
25
(b) that every other person whom it is
reasonable to suppose may have had a
claim for possession or ownership of
the thing was given notice of the
application.
30
(5) The inspector must comply with the order.
(6) Sub-section (4) applies regardless of whether
or not the particular person was the
applicant.
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21L. Unclaimed seized thing may be sold or
destroyed
(1) Any thing seized under section 21D that is
not subject to forfeiture to the Crown may be
destroyed or sold under the following
5
circumstances--
(a) if the identity of the person from whom
the thing was seized is known, that
person--
(i) has been notified in writing after
10
the end of the period during which
the thing may be retained under
this Division that the thing may
claimed; and
(ii) has not claimed the thing within
15
12 months after that notice is
given; or
(b) if that identity is not known, reasonable
steps to identify that person have been
taken and no person entitled to
20
possession of the thing has been located
within 12 months after the end of the
period during which the thing may be
retained under this Division.
(2) Despite sub-section (1), an inspector may
25
destroy an animal seized under section 21D
at any time after its seizure if--
(a) a veterinary practitioner has certified
that the animal should be immediately
destroyed on humane grounds; or
30
(b) an inspector under the Livestock
Disease Control Act 1994 knows or
reasonably suspects that the animal is
diseased or infected with disease.
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(3) The proceeds from any sale of a thing under
sub-section (1), less the costs associated with
the storage, maintenance, care and sale of the
thing, are to be paid into the Consolidated
Fund.
5
21M. Forfeiture of seized things
(1) If a person is found guilty by a court of an
offence against this Act or the regulations,
the court may, in addition to imposing any
other penalty, order that any thing (including
10
an animal) seized under section 21D that was
used by the person in connection with the
offence be forfeited to the Crown.
(2) If a forfeited thing is sold, the costs
associated with the storage, maintenance,
15
care and sale of the thing must be deducted
before any amount remaining is paid into the
Consolidated Fund.".
7. Powers of specialist inspectors
In section 22A of the Prevention of Cruelty to
20
Animals Act 1986--
(a) in sub-section (1)(a), for "section 21"
substitute "sections 21, 21D, 24K, 24N
and 24O";
(b) in sub-section (2), for "Section 21 applies"
25
substitute "Sections 21, 21D, 24K, 24N
and 24O apply".
8. Warrants to seize animals
In section 24E(1) of the Prevention of Cruelty to
Animals Act 1986, for "Secretary" substitute
30
"Department Head".
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s. 9
9. Insertion of sections 24K to 24Q
After section 24J of the Prevention of Cruelty to
Animals Act 1986 insert--
'24K. Warrant to seize animal held in
contravention of section 12 or 12A
5
(1) An inspector, with the written approval of
the Department Head, may apply to a
magistrate for the issue of a warrant allowing
the inspector to enter and to seize an animal
from any premises, including a person's
10
dwelling, if the inspector believes on
reasonable grounds that the animal is being
held in or on the premises in contravention
of section 12(7) or 12A(8).
(2) If a magistrate is satisfied by the evidence on
15
oath or by affidavit of the inspector that there
are reasonable grounds to believe that an
animal is being held in or on the premises in
contravention of section 12(7) or 12A(8), the
magistrate may issue a warrant, in
20
accordance with the Magistrates' Court Act
1989.
(3) A warrant issued under this section may
authorise an inspector named in the warrant,
together with any member of the police force
25
or any other person, or people, named or
otherwise identified in the warrant and with
any necessary equipment--
(a) to enter the premises, named or
described in the warrant, if necessary
30
by force; and
(b) to search for and seize any animal
specified in the warrant and to take that
animal to any place that the inspector
thinks appropriate; and
35
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(c) to retain possession of any such animal
until the animal is sold or destroyed in
accordance with this Act or returned to
the person from whom the animal was
seized.
5
(4) A warrant issued under this section must
state--
(a) the purpose for which it is issued; and
(b) any conditions to which it is subject;
and
10
(c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(d) a day, not later than 28 days after the
issue of the warrant, on which it ceases
15
to have effect.
(5) Except as provided by this Act, the rules to
be observed with respect to warrants to seize
property under the Magistrates' Court Act
1989 extend and apply to warrants under this
20
section.
24L. Announcement before entry under
warrant
(1) Before executing a warrant under
section 24K, the inspector named in the
25
warrant or any other person authorised under
section 24K(3)--
(a) must announce that he or she is
authorised by the warrant to enter the
premises; and
30
(b) must give any person at the premises an
opportunity to allow entry to the
premises.
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(2) An inspector or authorised person need not
comply with sub-section (1) if he or she
believes, on reasonable grounds, that
immediate entry to the premises is required
to ensure--
5
(a) the safety of any person; or
(b) that the effective execution of the
warrant is not frustrated.
24M. Details of seizure warrant to be given to
occupier
10
(1) If the occupier is present at the premises
where a warrant under section 24K is being
executed, the inspector must--
(a) identify himself or herself to the
occupier; and
15
(b) give a copy of the warrant to the
occupier.
(2) If the occupier is not present at the premises
where a warrant under section 24K is being
executed but another person is present, the
20
inspector must--
(a) identify himself or herself to that
person; and
(b) give the person a copy of the warrant.
24N. Sale of seized animal
25
(1) If a person is found guilty by a court of an
offence against section 12(7) or 12A(8) in
respect of an animal seized under
section 24K, the Department Head may
authorise an inspector to offer that animal for
30
sale by public auction or public tender.
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(2) An inspector must not sell a seized animal
unless the inspector has given public notice
that he or she intends to sell the animal by
public auction or public tender at least
14 days before the sale.
5
(3) The notice must include the following
details--
(a) the number and kind of animal;
(b) if the animal is branded, where and how
it is branded;
10
(c) the sex and colour of the animal and
any other descriptive marks;
(d) in the case of an auction, the time and
place of the auction;
(e) in the case of a tender, the date and
15
time by which written tenders should be
submitted to the inspector.
(4) The inspector must apply the proceeds of
sale of a seized animal under this section as
follows--
20
(a) the costs incurred after the seizure of
the animal in the maintenance, care,
removal, transport and sale of the
animal must be deducted;
(b) any balance then remaining must be
25
paid--
(i) if the owner of the animal is not
the person found guilty of an
offence against section 12(7) or
12A(8) with respect to that
30
animal, to the owner; or
(ii) in any other case, into the
Consolidated Fund.
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24O. Destruction of seized animal
If a person is found guilty by a court of an
offence against section 12(7) or 12A(8) in
respect of an animal seized under
section 24K, the Department Head may
5
authorise an inspector to destroy, or cause to
be destroyed, that animal.
24P. Recovery of costs
The balance of any costs incurred in the
maintenance, care, removal, transport, sale or
10
destruction of a seized animal after the
seizure of the animal after the deduction of
the proceeds (if any) of any sale conducted
under section 24N may be recovered from
the owner of the animal in a court of
15
competent jurisdiction as a civil debt
recoverable summarily.
24Q. Certain provisions apply to animals seized
under section 24K
(1) Sections 21E, 21G, 21I, 21J and 21K apply
20
in relation to an animal seized under
section 24K as if a reference in those
sections to a thing seized under section 21D
were a reference to an animal seized under
section 24K.
25
(2) Section 21L applies in relation to an animal
seized under section 24K--
(a) as if a reference in that section to an
animal or a thing seized under
section 21D were a reference to an
30
animal seized under section 24K; and
19
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Part 2--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 9
(b) as if a reference in that section "to
forfeiture to the Crown" were a
reference "to being sold under
section 24N or being destroyed under
section 24O".'.
5
__________________
20
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Part 3--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 10
1994
See:
PART 3--AMENDMENTS TO THE DOMESTIC (FERAL AND
Act No.
NUISANCE) ANIMALS ACT 1994 81/1994.
Reprint No. 2
as at
10. Menacing dog to be permanently identified 1 November
2002
In section 19(2) of the Domestic (Feral and and
Nuisance) Animals Act 1994, after "dangerous
5 amending
Act Nos
dog" insert ", a menacing dog". 56/2003,
103/2003,
11. Cats without identification may be seized 69/2004,
82/2004 and
(1) After section 77(3) of the Domestic (Feral and 108/2004.
LawToday:
Nuisance) Animals Act 1994 insert-- www.dms.
dpc.vic.
"(3A) A cat may be seized by an authorised officer
10 gov.au
or any other person if it is found in
circumstances where the owner of the cat
would be guilty of an offence under
section 20(1).".
(2) In section 79(2) of the Domestic (Feral and
15
Nuisance) Animals Act 1994, for "23(1) or
77(3)" substitute "23(1), 77(3) or 77(3A)".
(3) In section 80(1) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "23(1) or
77(1)(a), (2) or (3)" substitute "23(1), 77(1)(a),
20
77(2), 77(3) or 77(3A)".
12. Dogs seized on suspicion of offence may be
destroyed if owner not located
For section 80(3) of the Domestic (Feral and
Nuisance) Animals Act 1994, substitute--
25
"(3) If a dog has been seized under section
77(1)(c)(ii), 77(1)(ca)(ii) or 77(1)(d)(ii)--
(a) if the Council has sufficient
information about the owner of the dog
to enable it to commence prosecution
30
for the offence that the owner is
suspected of committing, it must
commence such a prosecution as soon
21
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Part 3--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 12
1994
as possible after the seizure and must
retain custody of the dog until the
outcome of the prosecution is known;
or
(b) if the owner of the dog is able to be
5
identified from a marker attached to, or
a device implanted in, the dog's body,
but is not able to be located, the
Council must serve on the owner by
registered post at the owner's last
10
known address, a notice that--
(i) states that the dog has been seized;
and
(ii) specifies the offence that the
owner is suspected of committing
15
with respect to the dog; and
(iii) states that if the owner does not
provide to the Council the owner's
current address within 14 days
after being served with the notice,
20
that the Council may destroy the
dog.
(3A) The Council may destroy a dog seized under
section 77(1)(c)(ii), 77(1)(ca)(ii) or
77(1)(d)(ii) if--
25
(a) the owner of the dog is served with a
notice under sub-section (3)(b) and
does not provide the Council with the
owner's current address within 14 days
after being served with the notice; or
30
(b) the owner of the dog is unable to be
identified from a marker attached to, or
a device implanted in, the dog's body,
and the Council has not received,
within 8 days after the dog is seized,
35
sufficient information about the owner
22
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Part 3--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 12
1994
to enable it to commence prosecution
for the offence that the owner is
suspected of committing.".
__________________
23
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Part 4--Amendments to the Fisheries Act 1995
s. 13
See: PART 4--AMENDMENTS TO THE FISHERIES ACT 1995
Act No.
92/1995.
13. Offences in relation to size and catch limits
Reprint No. 4
as at
In section 68A of the Fisheries Act 1995--
31 December
2004
and (a) after "specified by the regulations"
amending
(wherever occurring) insert "or by a
5 Act Nos
16/2004, fisheries notice";
69/2004 and
108/2004.
(b) in sub-section (7)(b), after "regulations"
LawToday:
insert "or by a fisheries notice".
www.dms.
dpc.vic.
14. Requirement to produce documents
gov.au
After section 102(6) of the Fisheries Act 1995
10
insert--
"(6A) An authorised officer may upon reasonable
notice--
(a) require a person to produce a
document, which the authorised officer
15
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; and
20
(b) examine the document; and
(c) make copies of the document or take
extracts from it; and
(d) remove the document for as long as is
reasonably necessary to make copies or
25
take extracts from it.
(6B) A person is not excused from producing a
record under sub-section (6) or a document
under sub-section (6A) on the ground that
the production of the record or document
30
would tend to incriminate the person or make
the person liable to a penalty.
24
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Part 4--Amendments to the Fisheries Act 1995
s. 15
(6C) If, before producing a document under sub-
section (6A), a natural person claims that the
producing of the document would tend to
incriminate him or her or to make him or her
liable to a penalty, the document is not
5
admissible in evidence against the person in
any criminal or civil proceeding, or in any
proceeding for the imposition of a penalty,
against the person, other than in a proceeding
for an offence under section 111(1)(f).".
10
15. Fisheries notices may fix size limits
After section 152(1)(a) of the Fisheries Act 1995
insert--
"(aa) fix and enforce minimum or maximum size
limits for any species of fish specified in the
15
notice;".
25
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
Primary Industries Acts (Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
26
551257B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
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