Fish Marketing Amendment (Deregulation) Act 1997 (NSW)

Case

New South Wales

Fish Marketing Amendment

(Deregulation) Act 1997 No 10

Contents

Page

1 Name of Act 2
2 Commencement 2
3 Amendment of Fish Marketing Act 1994 No 37 2
4 Amendment of Fisheries Act 1935 No 58 2

Schedules

1 Amendment of Fish Marketing Act 1994 3
2 Amendment of Fisheries Act 1935 5
New South Wales

Fish Marketing Amendment

(Deregulation) Act 1997 No 10

Act No 10, 1997

An Act to amend the Fish Marketing Act 1994 to postpone the final deregulation of fish marketing in New South Wales; to amend the Fisheries

Act 1935 to remove certain restrictions on the marketing of fish in the

County of Cumberland; and for other purposes. [Assented to 21 May 1997]

Section 1 Fish Marketing Amendment (Deregulation) Act 1997 No 10

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Fish Marketing Amendment (Deregulation) Act

1997.

2 Commencement

(1) This Act commences on the date of assent, except as provided by
this section.
(2) Schedule 1 [5] commences on 1 November 1997.

3 Amendment of Fish Marketing Act 1994 No 37

The Fish Marketing Act 1994 is amended as set out in

Schedule 1 .
  1. Amendment of Fisheries Act 1935 No 58

    The Fisheries Act 1935 is amended as set out in Schedule 2.

    Fish Marketing Amendment (Deregulation) Act 1997 No 10

Amendment of Fish Marketing Act 1994 Schedule 1
Schedule 1 Amendment of Fish Marketing Act
1994

(Section 3)

Part 1 Principal amendment

[1]      Section 20

Omit the section. Insert instead:

20 Deregulation date

(1) The deregulation date is 1 November 1999.
A reference in any instrument to the deregulation date within the meaning of this Act is a reference to

1 November 1999. However, the regulations may require any such reference in an instrument made or executed before the commencement of the Fish

Marketing Amendment (Deregulation) Act 1997 to be
construed as a reference to the former deregulation date,
namely, 1 November 1997.

Part 2 Minor and ancillary amendments

[2]       Section 3 Definitions

Omit “Fisheries Act” from the definition of commercial fisher in section 3 (1).

Insert instead “Fisheries Management Act 1994”.

[3]        Section 3 (1)

Omit “section 20” from the definition of deregulation date.

Insert instead “section 20 (1) (being 1 November 1999)”.

Fish Marketing Amendment (Deregulation) Act 1997 No 10

Schedule 1 Amendment of Fish Marketing Act 1994

Section 3 (1)

Omit “and Oyster Farms” from the definition of Fisheries Act.

Section 9 Lease of Sydney fish market site to approved purchaser

Omit section 9 (3).

Section 22 Compensation not payable

Insert at the end of section 22 (2):

this Act includes the Fish Marketing Amendment

(Deregulation) Act 1997 or any other Act amending this

Act.

Section 25 Regulations

Insert “or the Fish Marketing Amendment (Deregulation) Act 1997”

after “this Act” in section 25 (2).

Section 25 (3)
Omit “this Act”. Insert instead “the Act concerned”.

Fish Marketing Amendment (Deregulation) Act 1997 No 10

Amendment of Fisheries Act 1935 Schedule 2
Schedule 2 Amendment of Fisheries Act 1935

(Section 4)

Section 40G Fish Marketing Act 1994

Insert after section 40G (5):

(6) On and from 1 November 1997:

(a)

a general fish marketing authority must not include a condition, term or stipulation that prevents or restricts the sale or supply of fish in the County of Cumberland by the holder of the authority or by any person to whom the holder of the authority sells or supplies fish, and

(b)

any such condition, term or stipulation in a general fish marketing authority ceases to have effect.

A general fish marketing authority is a certificate of exemption issued under section 40C or an approval given to a trading society under section 40E.

[Minister’s second reading speech made in—

Legislative Assembly on 16 April 1997
Legislative Council on 14 May 1997]

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