FISHERIES ACT 1995 - NOTES
FISHERIES ACT 1995 - NOTES
No. 92 of 1995
Version incorporating amendments as at
25 March 2024
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Version No. 101
No. 92 of 1995
Version incorporating amendments as at
25 March 2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 12 October 1995
Legislative Council: 15 November 1995
The long title for the Bill for this Act was "A Bill to reform the law relating to Victorian fisheries, to repeal the Fisheries Act 1968 and to make consequential amendments to certain other Acts and for other purposes.".
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 12 October 1995
Legislative Council: 15 November 1995
Absolute majorities:
Legislative Assembly: 2 November 1995
Legislative Council: 21 November 1995 and 22 November 1995
The Fisheries Act 1995 was assented to on 5 December 1995 and came into operation as follows:
Sections 1–9, 11, 69–73, 88, 89, 95, 160(3)(a)(b)(10)(b), 163
on 25 January 1996: Government Gazette 25 January 1996 page 148; section
160(10)(a) on 1 April 1996: Special Gazette (No. 31) 1 April 1996 page 1;
sections 90–94, 160(1)(2)(3)(c)(4)–(9)(11), Schedule 1 on 1 August
1996: Government Gazette 1 August 1996 page 1954; sections 144(2), 153A, 153B on
31 March 1997: Government Gazette 27 March 1997 page 665; sections 155(4), 162
on 18 December 1997: Government Gazette 18 December 1997 page 3613; sections 10,
12–68A, 75, 76, 81–87, 101–137, 139, 140, 142–144(1),
145–153, 154, 155(1)–(3)(5)–(13), 155A–159, 161,
Schedules 2, 3 on 1 April 1998: Government Gazette 26 February 1998 page
418.
Section 74 was never proclaimed, repealed by No. 5/1997 s. 11.
Sections 77–80 were never proclaimed, repealed by No. 5/1997 s. 12.
Sections 96–100 were never proclaimed, repealed by No. 5/1997 s. 17.
Section 138 was never proclaimed, repealed by No. 5/1997 s. 34.
Section 141 was never proclaimed, repealed by No. 5/1997 s. 36.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Fisheries Act 1995 by Acts and subordinate instruments.
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Fisheries (Amendment) Act 1996, No. 67/1996
Assent Date: |
17.12.96 |
Commencement Date: |
Ss 1, 2 on 17.12.96: s. 2(1); ss 3–5 on 31.3.97: Government Gazette 27.3.97 p. 665 |
Current State: |
All of Act in operation |