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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fisheries Adjustment Schemes Amendment
Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 8 amended 2
6. Section 9 amended 4
7. Section 10B amended 4
8. Section 14B amended 4
9. Section 14D amended 5
10. Section 14E amended 6
11. Schedule 1 amended 6
067--1 page i
Western Australia
LEGISLATIVE COUNCIL
Fisheries Adjustment Schemes Amendment
Bill 2009
A Bill for
An Act to amend the Fisheries Adjustment Schemes Act 1987.
The Parliament of Western Australia enacts as follows:
page 1
Fisheries Adjustment Schemes Amendment Bill 2009
s. 1
1 1. Short title
2 This is the Fisheries Adjustment Schemes Amendment Act 2009.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on the day after that day.
8 3. Act amended
9 This Act amends the Fisheries Adjustment Schemes Act 1987.
10 4. Section 3 amended
11 After section 3(3) insert:
12
13 (4) In subsection (3) --
14 reducing, in relation to a number, amount or quantity,
15 includes reducing the number, amount or quantity to
16 zero.
17
18 5. Section 8 amended
19 (1) In section 8(1) delete "every holder" and insert:
20
21 the holder
22
23 (2) After section 8(1) insert:
24
25 (2A) Without limiting the Interpretation Act 1984
26 section 45, regulations made for the purposes of
page 2
Fisheries Adjustment Schemes Amendment Bill 2009
s. 5
1 subsection (1) in relation to a voluntary fisheries
2 adjustment scheme may provide --
3 (a) that different fees are payable by different
4 holders of authorisations;
5 (b) that specified holders of authorisations are not
6 liable to pay fees.
7
8 (3) In section 8(3):
9 (a) delete "each authorisation" and insert:
10
11 an authorisation
12
13 (b) after "reference to" insert:
14
15 the entitlement under an authorisation, including
16
17 (4) After section 8(3) insert:
18
19 (3AA) Without limiting subsection (3), fees may be fixed
20 under this section for the purposes of a fisheries
21 adjustment scheme that will allow recovery of
22 expenditure that has been or is to be incurred in --
23 (a) the payment of interest and other outgoings
24 associated with amounts borrowed under
25 section 7 for the purposes of the scheme; and
26 (b) the administration of the scheme.
27
28 (5) In section 8(3a) delete "has not paid any fee referred to in
29 subsection (1)" and insert:
30
31 is liable to pay any fee referred to in subsection (1) and
32 has not paid the fee
33
page 3
Fisheries Adjustment Schemes Amendment Bill 2009
s. 6
1 6. Section 9 amended
2 In section 9:
3 (a) in paragraph (b) delete "applies; and" and insert:
4
5 applies and have paid fees under section 8 in
6 respect of those authorisations; and
7
8 (b) after each of paragraphs (a) and (aa) insert:
9
10 and
11
12 7. Section 10B amended
13 In section 10B(2):
14 (a) in paragraph (a) delete "scheme;" and insert:
15
16 scheme, including, if applicable, the objective
17 of enabling the surrender of all the
18 authorisations relating to the fishery or
19 fisheries; and
20
21 (b) after paragraph (b) insert:
22
23 and
24
25 8. Section 14B amended
26 In section 14B(3):
27 (a) in paragraph (a) delete "scheme;" and insert:
28
29 scheme, including, if applicable, the objective
30 of cancelling all the authorisations relating to
31 the fishery or fisheries; and
32
page 4
Fisheries Adjustment Schemes Amendment Bill 2009
s. 9
1 (b) in paragraph (e) before "specify" insert:
2
3 if not all the authorisations relating to the
4 fishery or fisheries are to be cancelled,
5
6 (c) after each of paragraphs (b), (c) and (d) insert:
7
8 and
9
10 9. Section 14D amended
11 In section 14D(2):
12 (a) in paragraph (a) delete "scheme;" and insert:
13
14 scheme, including, if applicable, the objective
15 of cancelling all the authorisations relating to
16 the fishery or fisheries; and
17
18 (b) in paragraphs (d) and (e) after "if " insert:
19
20 not all the authorisations relating to the fishery
21 or fisheries are to be cancelled and
22
23 (c) after each of paragraphs (b), (c) and (d) insert:
24
25 and
26
page 5
Fisheries Adjustment Schemes Amendment Bill 2009
s. 10
1 10. Section 14E amended
2 Before section 14E(1) insert:
3
4 (1A) This section does not apply to a scheme under which
5 all the authorisations relating to the fishery or fisheries
6 are to be cancelled.
7
8 11. Schedule 1 amended
9 In Schedule 1 clause 5 delete "telegram or telex" and insert:
10
11 telegram, telex, facsimile transmission, email or other
12 similar means
13
14
page 6
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