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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fish Resources Management Amendment
Bill 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 15 amended 2
5. Section 23 amended 2
6. Section 24A inserted 3
24A. Application of Commonwealth law to limits
of State in accordance with arrangements 3
7. Section 24 amended 3
8. Section 25 amended 4
9. Part 3 Division 4 inserted 4
Division 4 -- Arrangements with other States and
Territories
29A. Arrangements with other States and
Territories 4
29B. Functions 4
10. Part 4 Divisions 1 to 3 deleted 5
11. Section 41 amended 5
12. Section 42 amended 6
13. Part 4 Division 6 inserted 6
Division 6 -- Operation of committees
43A. Regulations relating to the operation of
committees 6
14. Section 62 amended 7
15. Section 78A inserted 7
78A. Regulations relating to cancellations under
section 224 7
16. Section 140 amended 8
17. Section 202A amended 8
18. Section 224 amended 8
19. Section 245 deleted 9
084--1 page i
Fish Resources Management Amendment Bill 2009
Contents
20. Schedule 1 deleted 9
21. Schedule 3 amended 9
page ii
Western Australia
LEGISLATIVE COUNCIL
Fish Resources Management Amendment
Bill 2009
A Bill for
An Act to amend the Fish Resources Management Act 1994.
The Parliament of Western Australia enacts as follows:
page 1
Fish Resources Management Amendment Bill 2009
s. 1
1 1. Short title
2 This is the Fish Resources Management 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 a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Fish Resources Management Act 1994.
11 4. Section 15 amended
12 In section 15 insert in alphabetical order:
13
14 corresponding law means a law of the Commonwealth
15 or another State or Territory of the Commonwealth
16 declared by the regulations to be a law corresponding
17 to this Act;
18
19 5. Section 23 amended
20 (1) In section 23(1) delete "State," and insert:
21
22 State (whether or not also in accordance with some other law),
23
24 (2) In section 23(2) delete paragraph (a) and "or" after it.
page 2
Fish Resources Management Amendment Bill 2009
s. 6
1 6. Section 24A inserted
2 After section 23 insert:
3
4 24A. Application of Commonwealth law to limits of State
5 in accordance with arrangements
6 If there is in force an arrangement that provides that a
7 particular fishery is to be managed in accordance with
8 the law of the Commonwealth (whether or not also in
9 accordance with some other law), the law of the
10 Commonwealth applies to the limits of the State as a
11 law of the State.
12
13 7. Section 24 amended
14 (1) In section 24(1) delete "State," and insert:
15
16 State (whether or not also in accordance with some other law),
17
18 (2) In section 24(2):
19 (a) in paragraph (b) delete "resources." and insert:
20
21 resources; and
22
23 (b) after paragraph (b) insert:
24
25 (c) generally acting consistently with, and in
26 furtherance of, the objects of this Act.
27
page 3
Fish Resources Management Amendment Bill 2009
s. 8
1 8. Section 25 amended
2 In section 25(2) delete "State -- " and insert:
3
4 State (whether or not also in accordance with some
5 other law) --
6
7 9. Part 3 Division 4 inserted
8 At the end of Part 3 insert:
9
10 Division 4 -- Arrangements with other States and
11 Territories
12 29A. Arrangements with other States and Territories
13 The Minister may enter into an agreement with a
14 Minister administering a corresponding law, or with an
15 authority of another State or Territory concerned in the
16 administration of that law, for the purpose of
17 cooperation in furthering the objects of this Act
18 (whether in this State or in that other State or
19 Territory).
20 29B. Functions
21 (1) For the purposes of this Division, the Minister may
22 exercise any power and perform any function conferred
23 on the Minister under Division 2 or 3 as if the
24 Commonwealth Act applied under this Division.
25 (2) Divisions 2 and 3 apply in respect of agreements under
26 this Division, with such modifications as are necessary.
27
page 4
Fish Resources Management Amendment Bill 2009
s. 10
1 10. Part 4 Divisions 1 to 3 deleted
2 Delete Part 4 Divisions 1 to 3.
3 11. Section 41 amended
4 (1) In section 41(2) --
5 (a) after "committee" insert:
6
7 established by the Minister
8
9 (b) after "the Minister" insert:
10
11 or the CEO
12
13 (2) After section 41(2) insert:
14
15 (3A) The CEO may, by instrument in writing, establish an
16 advisory committee for a fishery consisting of such
17 persons as the CEO thinks fit.
18 (3B) The function of an advisory committee established by
19 the CEO is to provide information and advice to the
20 CEO on matters related to the protection and
21 management of the fishery.
22
23 (3) In section 41(3)(b) delete "Minister's opinion," and insert:
24
25 opinion of the person establishing the committee,
26
27 (4) In section 41(4) delete "Minister" and insert:
28
29 person establishing the committee
30
page 5
Fish Resources Management Amendment Bill 2009
s. 12
1 12. Section 42 amended
2 (1) In section 42(1) after "to the Minister" insert:
3
4 or the CEO
5
6 (2) After section 42(1) insert:
7
8 (2A) The CEO may, by instrument in writing, establish other
9 advisory committees, consisting of such persons as the
10 CEO thinks fit, to provide information and advice to
11 the CEO on matters related to the administration of this
12 Act.
13
14 (3) In section 42(2)(b) delete "Minister's opinion," and insert:
15
16 opinion of the person establishing the committee,
17
18 (4) In section 42(3) delete "Minister" and insert:
19
20 person establishing the committee
21
22 13. Part 4 Division 6 inserted
23 At the end of Part 4 insert:
24
25 Division 6 -- Operation of committees
26 43A. Regulations relating to the operation of committees
27 The regulations may provide for any matter necessary
28 for the operation of --
29 (a) a Fishery Management Advisory Committee
30 established under Division 4; or
page 6
Fish Resources Management Amendment Bill 2009
s. 14
1 (b) another committee established under
2 Division 5.
3
4 14. Section 62 amended
5 In section 62(t) delete "a natural person," and insert:
6
7 an individual,
8
9 15. Section 78A inserted
10 Before section 78 insert:
11
12 78A. Regulations relating to cancellations under
13 section 224
14 (1) In this section --
15 section 224 means section 224 as it was immediately
16 before the commencement of this section.
17 (2) The regulations may --
18 (a) provide for the granting of an authorisation to
19 replace an authorisation that has been cancelled
20 by the operation of section 224;
21 (b) prescribe fees and charges payable in respect of
22 the issue of replacement authorisations,
23 including the payment of a fee equal to that
24 which would have been payable if the
25 authorisation had not been cancelled under
26 section 224 and had been kept in force;
27 (c) provide for an amendment to a management
28 plan that is, in the Minister's opinion, necessary
29 in connection with the granting of a
30 replacement authorisation.
31
page 7
Fish Resources Management Amendment Bill 2009
s. 16
1 16. Section 140 amended
2 Before section 140(2)(b) insert:
3
4 (ba) if, in the CEO's opinion, the applicant, or a
5 person acting for or on behalf of the applicant,
6 may be liable to prosecution for an offence that
7 is prescribed for the purposes of section 224; or
8 (bb) if the authorisation is suspended under
9 section 224; or
10
11 17. Section 202A amended
12 In section 202A(4) in the definition of person in charge of a
13 fishing tour delete "natural person" and insert:
14
15 individual
16
17 18. Section 224 amended
18 (1) In section 224(2) delete "cancel the authorisation." and insert:
19
20 suspend the authorisation for one year.
21
22 (2) In section 224(3)(a) delete "cancelled" and insert:
23
24 suspended
25
26 (3) Delete section 224(4) and insert:
27
28 (4) Where an authorisation has been suspended under
29 subsection (2), the authorisation remains suspended
page 8
Fish Resources Management Amendment Bill 2009
s. 19
1 until the CEO is satisfied that all outstanding fines have
2 been paid in respect of --
3 (a) the convictions recorded with respect to the
4 authorisation under this section; and
5 (b) any other convictions of the authorisation
6 holder under this Act,
7 and the time period imposed under subsection (2) has
8 elapsed.
9
10 19. Section 245 deleted
11 Delete section 245.
12 20. Schedule 1 deleted
13 Delete Schedule 1.
14 21. Schedule 3 amended
15 In Schedule 3 delete clause 6.
16
page 9
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