Fish Supply Management Act 1972 (Qld)

230 (f ttrrttylmnia ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 30 of 1972 An Act to Provide for the Management and Control of the Supply and Marketing of Fish throughout the State [ASSENTED TO 21ST DECEMBER, 19721 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Fish Supply Management Act 1972. 2. Commencement of Act. This Act shall come into operation on a date appointed by Proclamation.

Fish Supply Management Act 1972, No. 30 231 3. Arrangement of Act. This Act is divided into Parts and Divisions of Parts as follows:- PART I-PRELIMINARY (SS. 1-8); PART II-QUEENSLAND FISH BOARD (ss. 9-19); PART III-BUSINESS OF THE BOARD (ss. 20-49); Division I-General Powers; Division II-Borrowing Powers; Division III-Funds and Accounts; Division IV Proceedings; PART IV-REGULATION OF THE SUPPLY AND MARKETING OF FISH (ss. 50-63); Division I-Marketing Regulation; Division II-Powers of Inspection and Investigation; PART V--MISCELLANEOUS (ss. 64-71); SCHEDULES. 4. Repeal and Savings . (1) The Fish Supply Management Act of 1965 (in this section referred to as the " repealed Act ") is repealed. (2) (a) The persons constituting, immediately prior to the commencement of this Act, The Fish Board and The North Queensland Fish Board respectively, shall be deemed to constitute the Board until the Board has been first constituted under this Act. Subject to this Act, each of those persons shall be eligible for appointment to the Board constituted under this Act (b) A person who immediately before the commencement of this Act was an employee of The North Queensland Fish Board or The Fish Board shall on and from the commencement of this Act continue co hold that office or, as the case may be, occupy that position in the employ of the Board until he vacates or is lawfully removed from that office or position pursuant to this Act, and he shall be deemed to have been appointed thereto for the purposes of this Act by the Board. For the purposes of securing to an employee referred to in the preceding paragraph the benefits of any industrial award or agreement or securing to an employee or his dependants the benefits of any superannuation or provident scheme to which the employee is a contributor at the commencement of this Act, the continuity of the employee's employment shall be deemed not to have been interrupted by reason only of the dissolution of The North Queensland Fish Board. (c) A fish supply district constituted under the repealed Act subsisting immediately before the commencement of this Act shall be deemed to have been constituted under this Act and shall continue in being under the name then assigned to it until it is abolished or altered pursuant to this Act. (d) A market, branch market or depot established under the repealed Act and subsisting immediately before the commencement of this Act shall be deemed to have been validly established by the Board under this Act- (i) in the case of a market or branch market, as a market; (ii) in the case of a depot, as a depot, and shall continue in being for the purposes of this Act until it is discontinued pursuant to this Act.

232 Fish Supply Management Act 1972, No. 30 (e) A licence or permit issued under the repealed Act and subsisting immediately before the commencement of this Act shall be deemed to have been issued under this Act and shall continue to be of full force and effect until it expires or is cancelled or revoked in accordance with this Act. (f) A contract entered into by The Fish Board or The North Queensland Fish Board established under the repealed Act and subsisting immediately before the commencement of this Act shall be deemed to be a contract entered into by the Board and may be performed by or enforced against the Board according to its terms as if this Act had not been passed. (g) An action by or against The Fish Board or The North Queensland Fish Board established under the repealed Act or a proceeding arising out of or taken with respect to any matter under the repealed Act which action or proceeding was commenced prior to the commencement of this Act and is not completed at that date may be carried on and completed by or against the Board as if this Act had not been passed. (h) An investigation or inquiry commenced by or on behalf of The Fish Board or The North Queensland Fish Board established under the repealed Act before the commencement of this Act that is not completed at that date may be carried on and completed by or on behalf of the Board as if this Act had not been passed. (i) All moneys that immediately before the commencement of this Act are due and payable to The Fish Board or The North Queensland Fish Board established under the repealed Act or become so due and payable after the commencement of this Act shall be paid to, and any amount thereof not duly paid may be recovered by, the Board. (j) All fees prescribed by or under the repealed Act to be paid to The Fish Board or The North Queensland Fish Board shall be deemed to have been prescribed by or, as the case may be, under this Act and shall be payable as prescribed from time to time. (k) On and from the commencement of this Act a registration of The Fish Board or The North Queensland Fish Board established under the repealed Act in any register required or authorized by law to be kept shall be read and construed as if Queensland Fish Board were duly registered therein in the stead of those Boards. 5. Interpretation . In this Act, save where a contrary intention appears- " Board " means Queensland Fish Board constituted under this Act; " chairman " means the chairman of the Board and includes a person for the time being performing the duties of chairman; " depot " means a depot established under this Act for the reception of fish and includes the lands, improvements and works appurtenant to or provided or used for or in connexion with that depot; " district " means a fish supply district constituted under this Act; " fish " means all freshwater and saltwater fish and includes- (a) marine products other than oysters and turtles; (b) prawns, crawfish, crabs and scallops;

Fish Supply Management Act 1972, No. 30 233 (c) filleted, frozen, preserved, salted, cooked or canned fish except that brought into the State in the course of trade or commerce between the Commonwealth and any other country; and (d) when used in a provision for the purposes of which it is so declared or when used with respect to that purpose, any other freshwater or saltwater product (including oysters and turtles) declared to be fish for the purposes of any provision of this Act by Order in Council; " holder " means with respect to a licence, the person in whose name the licence stands for the time being; " licence " means a licence of any kind issued under this Act and in force at the relevant time; " Local Authority " means a Local Authority within the meaning of that term in the Local Government Act 1936-1971 and with respect to the City of Brisbane, means Brisbane City Council constituted by the City of Brisbane Act1924-1972; " Minister " means the Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act: the term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " market " means a market established under this Act and includes the lands, improvements and works appurtenant to or provided or used for or in connexion with that market; " premises " means any land, building, wharf, vehicle or vessel; " purchase " includes, with respect to a purchase of fish, the acquisition of property in the fish for any consideration and the acceptance or receipt of fish upon delivery on sale thereof; " sale " includes, with respect to the sale of fish- (a) a sale of fish by wholesale or retail; (b) a sale of fish by auction; (c) a barter, exchange or supply for profit of fish or a supply of fish in the premises of a licensed victualler, or in any private hotel, rooming-house or cafe or other place as a meal or part of a meal to any person who makes payment in respect thereof; (d) an assignment of or parting with possession of fish for valuable consideration; (e) an offering, exposing, keeping of, or having in possession, fish for sale; (f) a sending, forwarding or delivering of fish for or on sale; (g) an authorizing, causing, permitting, suffering or attempting any of the acts or things specified in paragraphs (a) to (f) of this definition; " supply for profit" includes a supply in the premises of a hotel licensee or any private hotel or rooming-house as a meal or part of a meal to a lodger in any of those premises.

234 Fish Supply Management Act 1972, No. 30 6. Fish supply districts . (1) The Governor in Council may, by Order in Council, constitute any part of the State to be a fish supply district for the purposes of this Act and may from time to time in like manner- (a) abolish a district; (b) alter the boundaries of a district; (c) join two or more districts to form one district; (d) exclude any part of a district from that district and include it within another district or distribute it amongst other districts. (2) The Governor in Council may by the Order in Council by which he constitutes a district, assign to that district a name and may from time to time, by Order in Council, alter the name assigned to a district. 7. Application of Act. Save where it is otherwise expressly provided, this Act shall apply in every district and in no other part of the State. 8. Administration of Act. This Act shall be administered by the Minister and subject to him by the Board and its officers. PART II-QUEENSLAND FISH BOARD 9. Constitution of Queensland Fish Board . (1) The Fish Board constituted under The Fish Supply Management Act of 1965 is hereby preserved, continued in existence and constituted for the purposes of this Act under the name " Queensland Fish Board ". (2) Queensland Fish Board by that name shall be a body corporate with perpetual succession and a common seal and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding, demising and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) All courts and persons acting judicially shall take judicial notice of the common seal of the Board and until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. (4) The Board does not represent the Crown. 10. Function of Board . The Board shall, subject to this Act, have the management and control of the supply and marketing of fish throughout the State. 11. Composition of Board . The Board shall consist of a chairman and six other members comprising- (a) two representatives of fishermen and prawn operators who are usually resident in that part of the State lying south of the twenty-second parallel of south latitude; (b) two representatives of consumers of fish who are usually resident in that part of the State lying south of the twenty-second parallel of south latitude;

Fish Supply Management Act 1972, No. 30 235 (c) one representative of fishermen and prawn operators who are usually resident in that part of the State lying north of the twenty-second parallel of south latitude; (d) one representative of consumers of fish who are usually resident in that part of the State lying north of the twenty-second parallel of south latitude. 12. Appointment of members . (1) The members of the Board shall be appointed by the Governor in Council by notification published in the Gazette. (2) In the case of- (a) the chairman; and (b) a representative of consumers of fish, the appointment shall be of a person nominated by the Minister. (3) In the case of a representative of fishermen and prawn operators, the appointment shall be of a person recommended by the Minister from a panel of persons nominated by one or more associations representative of fishermen and prawn operators. (4) The Governor in Council shall by notification published in the Gazette appoint a person nominated by the Minister, not being a member of the Board, to be deputy chairman of the Board. (5) When a vacancy occurs in the office of chairman or deputy chairman, the Governor in Council may appoint as prescribed by this section another person to the vacant office. (6) In the absence of the chairman, the deputy chairman shall act as chairman and while so acting shall have all the powers, duties, functions and immunities of the chairman under this Act. 13. Qualifications of Board members . (1) A person shall not be eligible to become a member of the Board if he- (a) is a patient within the meaning of that term in The Mental Health Acts 1962 to 1964; (b) is an undischarged bankrupt or has otherwise taken advantage of the laws in force for the time being relating to bankruptcy; (c) in Queensland, has been convicted of an indictable offence or, elsewhere than in Queensland, has been convicted of an offence that would be an indictable offence if committed in Queensland. (2) A provision of any enactment requiring the holder of an office to devote the whole of his time to the duties of his office or prohibiting him from engaging in employment outside the duties of his office shall not operate to hinder his holding that office and also an appointment as member, chairman or deputy chairman of the Board, or his acceptance and retention of remuneration payable under this Act. 14. Tenure of office. (1) A member of the Board shall be appointed for a term of three years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. A member of the Board shall be eligible for re-appointment if he is qualified as prescribed for nomination as a member.

236 Fish Supply Management Act 1972, No. 30 (2) The Governor in Council may at any time remove a member of the Board from his membership by notification published in the Gazette., (3) The office of a member of the Board shall become vacant if the member- (a) dies or is a patient within the meaning of that term in The Mental Health Acts 1962 to 1964; (b) declines to act or to act further as a member; (c) resigns his office in writing signed by him delivered to the Minister; (d) is bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (e) is absent without prior leave granted by the Board from three consecutive meetings of the Board of which due notice has been given to him; (f) ceases to be qualified to be a member; (g) in Queensland, is convicted of an indictable offence or, elsewhere than in Queensland, is convicted of an offence that would be an indictable offence if committed in Queensland; (h) is removed from office by the Governor in Council. 15. Casual vacancies . (1) When a vacancy occurs in the office of a member of the Board during the term of office of the members then constituting the Board, the Governor in Council may appoint as prescribed by section 12 another person as a member to hold office for the balance of his predecessor's term of office as a member. (2) A person appointed to fill a casual vacancy in the membership of the Board shall hold office for the balance of his predecessor's term of office as a member or until he sooner vacates that office and shall if otherwise qualified be eligible for re-appointment. 16. Failure to nominate . If an association entitled under subsection (3) of section 12 to nominate a panel of persons fails within the prescribed time after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination recommend to the Governor in Council a person who is in the opinion of the Minister a suitable person as-a member of the Board to represent the interests of the fishermen and prawn operators concerned, and the person so recommended shall be deemed to be duly nominated under that section. 17. Appointment of substitute member . (1) If any member of the Board is likely to be absent from meetings of the Board for any period, the Governor in Council niay by notification published in the Gazette appoint a person who is not a member of the Board to act as a member during the absence of that member. (2) A person appointed under this section to act in the stead of a representative member of the Board need not be nominated as prescribed. 18. Dissolution of The North Queensland Fish Board . The North Queensland Fish Board established under The Fish Supply Management Act of 1965 is dissolved, and in this Act is referred to as the " dissolved Board ".

Fish Supply Management Act 1972, No. 30 237 19. Transfer of property , contracts and the like, liabilities. (1) On and from the commencement of this Act- (a) all the estate and interest of the dissolved Board -in any property whether real or personal and all its other assets of whatever description shall divest from the dissolved Board and vest in the Board; (b) a person charged with keeping any register required or authorized by law to be kept in which is recorded a registration of the dissolved Board in respect of any property shall, upon being satisfied that the property in question has vested in the Board pursuant to paragraph (a) and without requiring payment of any fee, amend that registration by inserting therein reference to the Board in the stead of reference to the dissolved Board and any other notation he considers proper to explain any amendment so made. (2) All contracts, agreements, conveyances, deeds, leases, licences and other instruments or undertakings entered into by or made with or addressed to the dissolved Board (whether alone or with any other person) in force immediately before the commencement of this Act shall, on and after that date to the extent that they were immediately before that date binding upon and enforceable by or against the dissolved Board, be binding and of full force and effect in every respect in favour of or against the Board as fully and effectually as if, instead of the dissolved Board, the Board had been a party thereto or bound thereby or entitled to the benefit thereof. (3) (a) On and from the commencement of this Act the Board shall be liable to pay to the Treasurer of Queensland in respect of loans made by him and not fully repaid at that date every amount of principal and interest that fell due prior to that date for payment by the dissolved Board or that falls due for payment on or after that date and for the payment of which the dissolved Board would have been liable had it not been dissolved. (b) The terms of any deed, contract or writing under which any amount referred to in paragraph (a) became or becomes payable shall be read and construed in respect of that liability as if the Board were a party to that deed, contract or writing in the stead of the dissolved Board, and the Treasurer of Queensland may exercise against the Board, its assets and business, all such rights and powers to secure or enforce payment of every amount as he might have exercised against the dissolved Board, had that Board remained solely liable to make payments. PART III-BUSINESS OF THE BOARD Division I-General Powers 20. Power to carry on business . (1) In any district the Board may subject to this Act- (a) undertake and carry on the business of the getting, preparation, purchase, sale, supply and distribution of fish and all products and by-products of fish; (b) undertake and carry on the business of the manufacture and sale of ice and of the storage of fish and other foodstuffs, products and by-products;

238 Fish Supply Management Act 1972, No. 30 (c) establish, maintain, conduct, regulate, control and discontinue markets, depots, shops, stalls, barrows, factories, preserving or refrigerating works, canneries and other works for the purpose of exercising any power conferred on the Board by this Act; (d) conduct the sale of all fish and products and by-products of fish sold at a market, depot or shop conducted by the Board; (e) enter into a contract with any person for the purchase by the Board of fish (including fish delivered to a market or depot by the other party to that contract). (2) The Board may sell, supply and distribute fish or any product or by-product of fish outside the State or any district and for that purpose may take all such steps and do all such things outside the State or, as the case may be, any district as the Board considers necessary or convenient and in particular may establish such places of business and offices and employ such officers, employees and agents outside the State or, as the case may be, any district as the Board considers necessary or convenient. (3) The Board shall not establish or discontinue a market or depot unless the approval of the Governor in Council is first obtained. 21. Further powers. The Board may- (a) arrange for the purchase and disposal of inedible fish, offal or other matter associated with fish, and apply thereto any process with a view to converting it into a merchantable article, and sell it; (b) acquire and sell or supply to fishermen and other persons engaged in or in connexion with the fishing industry (either on their own account or as employees or agents of the Board) and otherwise trade in (either for cash or on terms but if on terms then upon proper security) nets, lines and other gear used in or in connexion with fishing, and plant, machinery, equipment, fuel and other things used in or in connexion with boats, vehicles, depots or otherwise for fishing, the storage of fish pending sale or marketing or the transport of fish for the purpose of sale or marketing; (c) contract with any person for the sale or marketing of fish by the Board as agent for the other contracting party and for the purpose of performing that contract, exercise such of its powers, authorities and functions conferred or imposed by this Act as it may lawfully exercise as that agent and as it considers necessary of convenient; (d) appoint any person to be agent of the Board in any district or part of a district on such terms as it thinks fit; (e) receive oysters at a market or depot, purchase, store, sell, supply or distribute oysters and conduct the sale of oysters. 22. Notification of markets and depots . (1) The Board shall cause notification of the establishment or discontinuance of a market or depot to be published in the Gazette.

Fish Supply Management Act 1972, No. 30 239 A copy of the Gazette containing the notification or a copy (purporting to be printed by the Government Printer) of that notification bearing a reference to the date of its publication in the Gazette shall upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence that- (a) the market or depot mentioned therein was duly established or, as the case may be, discontinued upon the date specified in the notification; (b) at the time material to the proceeding that market or depot has not been discontinued or, as the case may be, re-established. (2) The fact that any market or depot has been established otherwise than in accordance with this Act shall not invalidate or prejudice in any way a term of a contract entered into, act done or proceeding taken by the Board that the Board could otherwise lawfully enter into, do or take. 23. Power to levy charges and to seize and sell property . (1) The Board may demand and receive in respect of- (a) the use of any of its property; (b) any service rendered by it; (c) any matter connected with its business concerning the supply and marketing of fish; (d) any matter connected with the sale by it of ice or other product, such rents, commissions, tolls, dues, rates, fees and charges as are prescribed or, in so far as they are not prescribed, as are reasonable. (2) The Board may, in addition to any other remedy that it has in that behalf, upon default in the payment of any rents, commissions, tolls, dues, rates, fees or charges demanded by it, seize any fish or other property of the defaulter that is in or upon any premises of the Board, and may sell the whole thereof or such part as appears to the Board sufficient to satisfy the amount of the default. The Board shall deduct and retain for its general use the amount of the default and expenses incurred in the seizure and sale and shall upon demand- (a) pay the balance of any money held by it as a result of the sale; (b) deliver such fish or other property of the defaulter as is held by it consequent upon seizure, to the person lawfully entitled thereto or as he directs in writing. 24. Guarantee of loans. Subject to the approval of the Minister the Board may guarantee the payment of interest on and the repayment of principal of a loan made by any person to- (a) a fisherman or other person engaged in or in connexion with the fishing industry; or (b) an agent or employee of a fisherman or such other person, for any purpose of or connected with the engagement of that fisherman, other person, agent or employee in or in connexion with the fishing industry.

240 Fish Supply Management Act 1972, No. 30 25. Power to inquire. The Board may make inquiry in respect of the getting, supply or marketing of fish in any part of the State and, if in relation to a particular inquiry the Governor in Council approves, for that purpose shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts 1950 to 1954 and the chairman or member presiding at any inquiry under this section shall have the powers, authorities, protection and jurisdiction of a chairman of a Commission under those Acts save such as are reserved to a chairman who is a Judge of the Supreme Court, and the provisions of those Acts shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the Board in any such inquiry. 26. Appointment of employees . (1) The Board shall appoint and at all times have a secretary. (2) The Board shall appoint a secretary when and as often as a vacancy occurs in that office, and may appoint and employ such administrative and technical officers, auctioneers, inspectors, clerks and other employees as the Board considers necessary to administer this Act, or to carry this Act into effect or to carry on any business pursuant to this Act. (3) The Board may enter into, perform and discharge any agreement with respect to the payment of salary, wages, expenses or other moneys to be paid to or in respect of any person who performs duties on behalf of the Board for the purposes of this Act. 27. Superannuation scheme. The Board- (a) may contribute to or maintain any superannuation or provident schemes established at the commencement of this Act for the benefit of employees of the Board or the dissolved Board or their dependants; (b) may establish, contribute to, maintain or join in establishing, contributing to or maintaining such superannuation or provident schemes as it thinks fit for the benefit of its employees or their dependants. (c) may vary or join in varying a superannuation or provident scheme to which it contributes or that it maintains, either alone or with others, whether the scheme was established before or after the commencement of this Act. Division II-Borrowing Powers 28. Power to borrow . (1) Subject to this Act, the Board may from time to time borrow money- (a) from the Treasurer; (b) by the sale of debentures; or (c) partly in one and partly in the other of the ways specified in paragraphs (a) and (b). (2) Before entering into negotiations to borrow money by the sale of debentures the Board shall obtain the sanction of the Treasurer to enter upon those negotiations and for that purpose shall furnish to the Treasurer such information as he requires.

Fish Supply Management Act 1972, No. 30 241 (3) The Board shall not borrow money pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council thereto, given by Order in Council, is first obtained. The Order in Council shall declare the amount that may be borrowed, the purposes for which the money is to be borrowed, the currency of the loan, the amount of interest payable thereon, the terms and conditions for the redemption of the loan, whether by yearly, half-yearly or quarterly payments or by payments into a sinking fund, and such other conditions as the Governor in Council thinks fit to impose. 29. Resolution before borrowing . Before proceeding to borrow money the Board shall at a special. meeting called for the purpose pass a resolution to borrow that money. 30. Application of loan moneys . All moneys borrowed by the Board shall be expended for the purposes for which the Board was authorized to borrow those moneys and not otherwise. If any moneys comprising a loan remain unexpended upon the completion of the purpose for which the moneys were borrowed, that amount shall be applied as the Treasurer directs. 31. Repayment of Treasury loans. (1) Every loan advanced by the Treasurer under the provisions of this Act shall be liquidated by payment to the Treasurer by the Board on the first days of January and July respectively in each year, of such instalments of principal and interest at the prescribed rate as will permit the loan to be wholly redeemed within the prescribed period of the loan, until all moneys advanced from time to time by the Treasurer, together with interest thereon, have been paid. The Treasurer may at any time make any adjustment that he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter in connexion with any loan. (2) In the months of February and August in each year, the Treasurer shall cause to be published in the Gazette statements specifying as at the last days of January and July respectively- (a) the amount of money- (i) comprising instalments due and owing and unpaid; (ii) comprising the principal sum remaining unpaid, in respect of any loan advanced by the Treasurer under this Act ; (b) the amount of money paid by the Treasurer under any guarantee given by him in respect of moneys borrowed by the Board under this Act. If thereafter on the last days of April and October next following, any moneys remain unpaid to the Treasurer on account of a loan made to the Board or on account of moneys paid by the Treasurer under a guarantee, the Treasurer may by notification published in the Gazette specify the amount then owing, and may by that notification appoint a receiver to collect on the Treasurer's behalf and to pay to the Treasury moneys due and owing to the Board to the amount so specified. (3) A receiver may be appointed under this section in respect of the revenues of the Board generally or of specified income.

242 Fish Supply Management Act 1972, No. 30 Upon his appointment the receiver shall from the date stated in the notification be the only person legally entitled to receive the revenues of the Board, or if he is appointed, receiver only in respect of specified income to receive that income, and shall be deemed to that extent and for that purpose to be a public accountant within the meaning of the Audit Act 1874-1968. (4) The Treasurer may from time to time make such orders and give such directions with respect to the powers and duties of a receiver appointed under this section and the management by the receiver of the affairs of the Board as the Treasurer thinks fit, and judicial notice shall be taken of those orders and directions. 32. Debentures . (1) All debentures issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series at such times and places in or outside the State, and in such manner as the Board thinks fit; (b) shall with interest thereon be a charge upon the revenues of the Board subject to any prior debentures issued according to law; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as provided for in the Order in Council referred to in subsection (3) of section 28; (d) may with the consent of the holder be paid off at any time previous to the due date thereof (at not more than the amount of the principal sum remaining unpaid at the time or with the consent of the Governor in Council at a premium) with interest thereon to the date of payment only. (2) Interest secured by debentures shall be payable at such times and at such places in or outside the State as are prescribed in the Order in Council referred to in subsection (3) of section 28. (3) (a) All debentures issued under the authority of this Act- (i) shall be sealed with the seal of the Board and signed by the chairman and secretary and when so sealed and signed shall be taken to have been duly issued; (ii) shall be numbered consecutively so that no two debentures in a series shall bear the same number; (iii) shall have set forth therein the places and dates at which the principal and interest are payable. (b) A debenture issued under the authority of this Act may at the option of the lender have annexed to it for every payment to become due thereon (whether of principal or interest or principal and interest) a coupon and that debenture and coupon shall, unless the Governor in Council has otherwise prescribed in the Order in Council by which the loan concerned was authorized, be transferable by delivery, and payment to any person in possession of that debenture or coupon of the sum named therein shall discharge the Board from all liability with respect to that debenture or coupon. When a debenture or coupon is not transferable by delivery that fact shall be stated on it.

Fish Supply Management Act 1972, No. 30 243 (c) In the case of a debenture issued under the authority of this Act with coupons, the holder of a coupon, whether it be separated from the debenture or not, shall be entitled to receive payment from the Board of the sum named therein upon presentation on or after the due date for payment at the place where the coupon is expressed to be made payable. (d) In the case of a debenture issued under the authority of this Act without coupons, the lender or, in the event of a transfer of the debenture, the transferee for the time being shall, subject to this paragraph, be entitled to receive payments from the Board in respect of principal or interest or both in accordance with the terms and conditions of the debenture. A transferee with respect to whom the Board has not been given notice as prescribed shall not be entitled to receive and the Board shall not be liable to make to that transferee, any payment in respect of any debenture issued without coupons save under attachment by process of law, and then only to the extent of moneys due and payable to that transferee under the debenture, and unpaid by the Board to the lender or a prior transferee. The entitlement of a transferee with respect to whom the Board has been given notice as prescribed to receive any payment in respect of a debenture issued without coupons shall be subject to any payment that, having become due and payable under that debenture before the Board was given notice, was made by it to the lender or a prior transferee. In this paragraph the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Board. (e) A lender of money to the Board may agree to accept a standard form of debenture but shall not be bound so to do. (f) A person advancing money to the Board and receiving in consideration therefor debentures duly issued shall not be bound to inquire whether the issue of those debentures was in fact duly authorized or into the application of the money so advanced or be in any way responsible for the non-application or misapplication thereof. 33. Status of debenture as investment and a security . (1) Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be and be deemed to be an authorized investment by the trustee pursuant to the provisions of section 4 of The Trustees and Executors Acts 1897 to 1964 and those Acts shall be read and construed accordingly. (2) The Board or an officer, servant or agent thereof shall not receive, and shall be deemed to have not received notice of any trust express, implied or constructive with respect to any debentures issued under the authority of this Act and the Board or any such officer, servant or agent shall not be bound to see to the execution of any trust to which any debentures may be subject. 34. Brokerage . The Board may but only with the approval of the Treasurer and upon such terms and conditions as he thinks fit, pay moneys for brokerage with respect to the making, procuring, negotiating or obtaining of any loan. Section 14 of the Money Lenders Act 1916-1969 shall not apply or extend to brokerage that the Board is authorized by this section to pay.

244 Fish Supply Management Act 1972, No. 30 35. Remedies of debenture holders. If the Board defaults in making a payment whether of principal or interest to the holder of any debenture or coupon issued by the Board under the authority of this Act that holder may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and the Court shall have power to make all such orders for the appointment of the receiver and for his removal and the appointment of another in his place as may be necessary, and to make any further orders and give any directions that the Court thinks proper. A receiver appointed pursuant to this section shall be deemed to be an officer of the Court and shall act under its direction. 36. Remuneration , powers and duties of receiver . (1) A receiver appointed by the Treasurer pursuant to section 31 shall be entitled to such commission or remuneration for his services as the Treasurer orders. A receiver appointed by the Supreme Court pursuant to section 35 shall be entitled to such commission or remuneration as the Court orders. The commission or remuneration of a receiver shall be payable out of the revenues of the Board. (2) A receiver, whether appointed by the Treasurer or the Supreme Court, may collect all the revenues payable to the Board or, in the case of his appointment in respect of specified income, all that income, and for the purposes of this section a receiver shall be deemed to be the Board and may exercise all the powers of the Board. A receiver shall apply all moneys received by him in the course of his receivership as follows:- (a) firstly in payment of the costs, charges and expenses of collection and of his commission or remuneration; (b) secondly- (i) if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer together with interest on that amount at such rate as is specified by the Treasurer; (ii) if he was appointed by the Supreme Court upon the application of a holder of a debenture or coupon, in payment, subject to any order of the Court, to that holder or to or amongst the holders of debentures or coupons of the same series as that holder, or to the holders of debentures or coupons generally in such order of priority as the Court thinks fit, of the amount due and payable to that holder or, as the case may be, those holders; (c) thirdly in payment of the residue to the Board. 37. Recovery of moneys as debt . If the Board defaults in making a payment referred to in section 35, the person to whom that payment should have been made may recover the amount thereof as a debt by action against the Board in any court of competent jurisdiction. The remedy conferred by this section is in addition to the remedy conferred by section 35.

Fish Supply Management Act 1972, No. 30 245 38. Regulations with respect to loans. The power conferred on the Governor in Council by section 71 to make regulations includes the power to make regulations with respect to the raising and repayment of loans under the authority of this Act and without limiting the generality of that power- (a) prescribing the form of and the manner of the issuing of debentures, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and providing for lost or defaced debentures or coupons and the destruction of discharged debentures or coupons; (b) prescribing matters in connexion with the raising of loans outside the State; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect thereto and prescribing the powers, functions and duties of those trustees and regulating and controlling all or any matters with respect to the debt redemption fund, trustees, sinking funds or other methods 39. Illegal borrowing . (1) A person who lends money to the Board otherwise than in accordance with this Act or some other Act shall have no remedy or right of any kind to recover money from the Board in respect of that loan. (2) If the Board borrows money that it is not authorized under this Act or some other Act to borrow, the members of the Board who have consented to the borrowing of that money shall be jointly and severally liable to repay it and to pay interest thereon to the person from whom it was borrowed, and that money and interest may be recovered from those members or any of them as money lent by that person to those members or, as the case may be, that member by action in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying money so borrowed or paying interest thereon, the members of the Board who have consented to the appropriation of those moneys for that purpose shall be jointly and severally liable to refund them with interest at the rate of eight per centum per annum, and those moneys and interest may be recovered from those members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer. In any action brought under this subsection, the Treasurer shall be entitled to costs as between solicitor and client, and he shall pay any amount recovered as a result of that action into the fund concerned. (4) The provisions of this section shall be construed so as not to prejudice the operation of paragraph (f) of subsection (3) of section 32. 40. Advances by way of overdraft . The Board may for temporary financial accommodation obtain advances from any bank by way of overdraft on the general fund. The Board shall not during any financial year suffer the amount of its overdraft to exceed the amount for the time being prescribed.

246 Fish Supply Management Act 1972, No. 30 41. Board to be local body . The Board shall be a local body under and within the meaning of The Local Bodies' Loans Guarantee Acts 1923 to 1957 and the provisions of those Acts shall, subject to such modifications as the Governor in `Council prescribes (whether generally or in respect of a particular loan or advance), apply and extend accordingly. Division III-Funds and Accounts 42. Funds . (1) The Board shall keep separate and distinct the following funds- (a) a loan fund; (b) a general fund; (c) such other funds as are prescribed. (2) There shall be paid into the loan fund all moneys paid to the Board by way of loan or subsidy for the purposes of this Act. The Board shall apply the moneys from time to time standing to the credit of the loan fund to expenditure necessarily incurred by it in carrying out the works or purposes for which the loans were authorized or, as the case may be, the subsidies were paid. (3) There shall be paid into the general fund all moneys paid to the Board other than moneys prescribed to be paid into the loan fund or any other prescribed fund. The Board shall apply the moneys from time to time standing to the credit of its general fund towards the costs properly incurred by it in- (a) administering this Act; (b) carrying this Act into effect; (c) carrying on any business pursuant to this Act; (d) performing any contract entered into pursuant to this Act; and (e) fulfilling any other prescribed purpose for which any other prescribed fund is not appropriated by this Act. 43. Accounts . (1) The Board shall keep accurately such accounts, books and records of its receipts and expenditure as are prescribed or, so far as they are not prescribed, as the Auditor-General from time to time requires. (2) At least once in each year the Auditor-General or a person authorized by him in that behalf shall audit the accounts of the Board and the Auditor-General shall have with respect to the audit and accounts all the powers and authorities conferred upon him by the Audit Act 1874-1968. The Auditor-General shall repoii ti;e.,;on. 44. Annual report . As soon as practicable after the thirtieth day of June and before the first day of October in each year, the Board shall furnish, to the Minister a report of its administration of and operations under this Act for the last preceding financial year.

Fish Supply Management Act 1972, No. 30 247 The Board shall furnish with the report financial statements in the form of trading and profit and loss accounts for the financial year in question and a balance sheet as at the close of that year. Prior to such furnishing the Auditor-General shall certify whether or not such statements exhibit a true and fair view of the financial transactions of the Board for the period to which they relate. The Minister shall lay the report and financial statements before the Legislative Assembly. 45. Disposal of profits . (1) The Board shall after making necessary special appropriations pay its nett profit into a separate account to be established and kept for the purpose. (2) Subject to the approval of the Minister, the Board may from time to time- (a) distribute among persons who have brought fish to a market or depot for sale to or by the Board pursuant to this Act moneys standing to the credit of the account referred to in subsection (1) on such basis as the Board determines; (b) apply those moneys in such other manner as the Board determines. 46. Investment of moneys . (1) The Board may from time to time invest moneys standing to the credit of any fund kept under section 43 and not required for the time being for the purposes of this Act upon security with an approved dealer or upon such other security or investment as the Governor in Council by Order in Council authorizes. (2) Every security or safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held by the Board. (3) Interest received by the Board on moneys invested from any fund shall be paid by the Board into the general fund. (4) For the purposes of this section the expression " approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council. 47. Unclaimed moneys. (1) The Board may transfer to such of its funds as the Minister approves for the purpose moneys that have remained unclaimed in its hands for three years at the least, and thereupon those moneys shall become the property of the Board. (2) The Board may at any time admit a claim that is established to its satisfaction with respect to moneys that have become its property pursuant to subsection (1) and may utilize amounts standing to the credit of the fund to which the moneys the subject of the claim were transferred, in satisfaction of the claim.

248 Fish Supply Management Act 1972, No. 30 Division IV-Proceedings 48. Conduct of business . (1) Subject to this Act, the Board shall conduct its business and proceedings at meetings in such manner as it determines from time to time. (2) The rules set forth in the first schedule shall apply with respect to the business of the Board, the conduct of meetings and such other matters as are for the time being referred to therein. The Board and all persons concerned shall observe those rules. 49. Amendment of first schedule. The Governor in Council may from time to time, by Order in Council, amend the rules set forth in the first schedule by adding to, deleting from, altering or varying the provisions thereof. The schedule as so amended is for the time being the first schedule. PART IV-REGULATION OF THE SUPPLY AND MARKETING OF FISH Division I-Marketing Regulation 50. Inspection of fish for health purposes . Save under the authority of and in compliance in every respect with the requirements of a subsisting permit under section 56, a person shall not sell fish in any district in which there is a market or depot unless that fish has first been inspected at a market or depot or (where the Board has given a direction under section 52) at other premises directed by the Board by- (a) an inspector or other person appointed for the purpose by the Board; or (b) an inspector appointed for the purposes of the Health Act1937-1971, and certified by him as fit for human consumption. 51. Prohibition of certain sales of fish . (1) Save under the authority of and in compliance in every respect with the requirements of- (a) a subsisting permit under section 56; or (b) an exemption granted under subsection (2), a person shall not sell or purchase fish in any district unless that fish has first been sold at a market or depot at a sale conducted by the Board. (2) Subject to the approval of the Minister, the Board may from time to time exempt from the provisions of subsection (1) any district or part of a district for such period, to such extent and on such terms and conditions as the Board considers proper. In considering whether or not to give approval the Minister shall have regard to- (a) the estimated consumption of fish in the district or part during a period determined by the Board; (b) the estimated catch of fish by fishermen operating out of the district or part during a period determined by the Board; (c) such factors affecting the supply or marketing of fish in the district or part as the Board recommends to the Minister as relevant.

Fish Supply Management Act 1972, No. 30 249 (3) Subject to the approval of the Minister, the Board may revoke or vary the period, extent, terms and conditions of any exemption granted under subsection (2). (4) The Board shall cause notification of the grant, revocation or variation of an exemption under this section to be published in the Gazette. A copy of the Gazette containing the notification shall upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the grant, revocation or, as the case may be, variation therein referred to and that at the time material to the proceeding the grant, revocation or, as the case may be, variation subsists. (5) It is a defence to a charge of purchasing fish contrary to the provisions of subsection (1) to prove that the person charged did not know and could not with reasonable care have ascertained that the fish in question had not first been brought to a market or depot and there sold at a sale conducted by the Board. 52. Place to which fish to be brought . (1) Save under the authority of and in compliance in every respect with the requirements of a subsisting permit under section 56, a person who brings to land at a place adjacent to a place where there is a market or depot fish intended for sale in any district shall bring the fish to that market or, as the case may be, depot to be there dealt with for the purposes of this Act. (2) A person who proposes to bring or send fish to a market or depot and all persons acting on his behalf shall bring or send the fish to the market or depot or (where the fish is to be so brought or sent only for the purpose of inspection under section 50) other premises directed for the time being by the Board (the Board being hereby empowered so to do either generally or in respect of a particular quantity of fish). In giving a direction the Board shall have regard to- (a) the route by which the fish will be brought into or conveyed within the district within which it is to be brought to a market or depot; (b) the capacity of the markets and depots within that district to receive and deal with the supply of fish in question for the purpose for which it is to be brought to a market or depot; (c) the convenience of the person bringing the fish in question to a market or depot so that by reason of his compliance with the provisions of this subsection he shall not be required to make a substantial deviation from the route referred to in subparagraph (a) or be unduly delayed. 53. Sales by Board . (1) The Board shall not submit for sale any fish brought to a market or depot for sale unless that fish has been certified as fit for human consumption by an inspector or other person appointed for the purpose by the Board or an inspector appointed for the purposes of the Health Act1937-1971. (2) Subject to the provisions of subsection (1), the Board shall submit for sale all fish brought to a market or depot for sale in the order of priority in which the fish has been received at that market or depot.

250 Fish Supply Management Act 1972, No. 30 If a dispute arises as to the order of priority in which fish has been received at a market or depot, the decision of the Board shall be final and binding on all persons concerned. Where fish has been submitted for sale and remains unsold the Board may in its discretion determine whether that fish shall be resubmitted for sale and if so when and in what priority. (3) The Board may effect sales of fish at markets or depots by public auction or private treaty and subject to such conditions as it thinks fit. The Board alone shall determine the manner by which fish brought to a market or depot for sale shall be sold. 54. Regulation of buying . (1) Subject to the approval of the Governor in Council the Board may from time to time by notification published in the Gazette appoint any market to be an open market and any depot to be an open depot and in like manner may revoke any appointment so notified. (2) Save under the authority of and in compliance in every respect with the requirements of a subsisting permit under section 56 a person shall not purchase fish in a market or depot unless- (a) that market or depot is appointed under this section as an open market or open depot; or (b) - (i) he is the holder of a buyer's licence issued under section 55 that authorizes him to purchase fish in that market or depot or is a person appointed under that section as a substitute buyer in the stead of the holder of a buyer's licence; and (ii) he complies in every respect in the purchase of fish with the conditions of that licence. 55. Buyers ' licences. (1) The Board may from time to time issue, renew or cancel buyers' licences. The Board may attach conditions to a buyer's licence issued by it and if it does so shall cause those conditions to be set out in the licence and may at any time amend those conditions by altering or varying them, adding to them or deleting from them. Where the Board adds conditions to a buyer's licence already issued or amends conditions already set out therein, it shall require the holder of that licence to deliver it to the Board for the purpose of setting out therein the conditions added or the amended conditions. A holder of a buyer's licence shall forthwith comply with a requisition of the Board directed to him under this subsection. (2) From time to time the Board may in its discretion by endorsement on a buyer's licence- (a) upon the application of the holder- (i) transfer the licence to any other person; (ii) authorize any other person to act as a substitute buyer in the stead of the holder for such period as it thinks fit; (b) transfer the licence to any person shown to be entitled to it by operation of law; or (c) do any other prescribed act in respect of the licence.

Fish Supply Management Act 1972, No. 30 251 A purported transfer or assignment of a buyer's licence otherwise than in the manner prescribed by this subsection shall be void. (3) A buyer's licence shall authorize the holder or a substitute buyer appointed under subsection (2) in the stead of the holder to purchase fish at a market or depot specified therein in accordance with the conditions for the time being attached thereto, but the licence shall be construed so as not to authorize the holder or substitute buyer to purchase less than one tray of fish at any time. (4) A buyer's licence and every renewal thereof shall take effect on and from the date of issue or, as the case may be, renewal and shall unless it is sooner cancelled or surrendered expire on the seventh day of May next following that date. (5) Where the Board refuses to issue or renew a buyer's licence or cancels an existing licence it shall not be bound to assign a reason for the refusal or cancellation. (6) Upon cancellation of a buyer's licence the Board shall require the holder thereof to deliver the licence to the Board. The holder shall forthwith comply with a requisition directed to him under this subsection. (7) A cancellation of a buyer's licence shall be effectual notwithstanding that the Board has failed to comply with the provisions of subsection (6) or that the holder of the licence in question has failed to comply with the Board's requisition. (8) There shall be paid such fees as are prescribed for- (a) the issue of a buyer's licence; (b) every renewal of a buyer's licence; (c) every endorsement made on a buyer's licence. Where the term of a buyer's licence will not exceed a period of six months commencing on the date of issue the fee payable shall be one-half of the fee prescribed for the issue of a buyer's licence. 56. Permits of exemption . (1) In such cases as are prescribed, or so far as not prescribed as the Minister approves (the Minister being hereby empowered so to do either generally or in a particular case), the Board may from time to time by permit in writing exempt from the operation of all or any of the provisions of sections 50, 51, 52 and 54 specified in the permit- (a) a person who engages in an activity within the purview of this Act to so small an extent that the Board considers he should be so exempted; (b) sales of fish by a person who has caught the fish, direct to consumers or to sellers by retail within the locality in which the fish were brought to land ; (c) the whole or any portion of a fisherman's catch; (d) any other dealing with fish or other matter within the purview of this Act, and may in its discretion revoke a permit so issued and in that event shall cause notification of the revocation to be published in the Gazette. A copy of the Gazette containing the notification shall upon its production in any proceeding be conclusive evidence of the revocation of the permit referred to therein.

252 Fish Supply Management Act 1972, No. 30 (2) A permit issued under this section shall be subject to such conditions, restrictions and reservations- (i) as are prescribed to apply generally to all permits; and (ii) as are determined by the Board for the permit in question and specified in that permit. The Board may at any time amend the conditions, restrictions or reservations determined by the Board for a permit pursuant to subparagraph (ii) of this subsection and specified in that permit by altering or varying them, adding to them or deleting from them. (3) For every permit issued under this section there shall be paid the prescribed fee. (4) Where a dispute arises as to whether any person, dealing or matter falls within the scope of a permit issued under this section the decision of the Board shall be final and binding on all persons concerned. (5) As soon as practicable after revocation of a permit issued under this section the Board shall give notice thereof to the holder requiring him to deliver the permit to the Board. The holder shall forthwith comply with a requisition directed to him under this subsection. A revocation of a permit shall be effectual notwithstanding that the Board has failed to comply with the provisions of this subsection or that the holder of the permit in question has failed to comply with the Board's requisition. 57. Prohibition of sales of unwholesome fish. A person shall not sell or supply for human consumption fish that is unsound or unwholesome or unfit for human consumption. It shall not be competent to a person charged with a contravention of this section to claim that the contravention was justified, authorized or excused by reason of any provision of or anything done under this Act. The provisions of this section apply throughout the State. 58. Effect of constitution of district on powers of Local Authority. Notwithstanding the provisions of any other Act, upon the constitution of a district a Local Authority whose Area or part thereof is included in that district shall not exercise or perform within that district any power, authority, duty or function in respect of the establishment, maintenance, regulation or conduct of a market for the sale or supply of fish. Division II-Powers of Inspection and Investigation 59. Powers of inspectors . (1) An inspector or other person appointed by the Board to perform the duties of an inspector may at any time- (a) enter any premises wherein he reasonably suspects fish to be sold, or to be kept for sale or for delivery on sale, and search for and examine any fish therein; (b) stop any vehicle or vessel that he reasonably suspects to be used for the taking or conveyance of fish and search for and examine any fish therein; (c) place a mark upon and, where he considers it necessary to the execution of this Act, open any tray, case, basket or other container suspected by him to contain fish;

Fish Supply Management Act 1972, No. 30 253 (d) seize and retain any fish and any container in respect of which he reasonably suspects an offence against this Act to have been committed; (e) remove any fish and containers seized by him under this Act or allow those fish and containers to remain at the place where they were seized and fasten, secure or seal those containers and any door or aperture affording access to that fish; (f) require, for the purpose of removing fish seized under this Act in any vehicle or vessel, the person in charge of that vehicle or vessel to convey the fish to a place nominated by the person making the requisition; (g) require any person to produce all accounts, books and documents held by him with respect td the sale or purchase of fish and inspect and take copies of or extracts from any entries therein; (h) require- (i) any person whom he reasonably suspects of committing or of having committed an offence against this Act; (ii) the seller of fish; (iii) the purchaser of fish; or (iv) any person found delivering fish for or on sale, to supply his name and address and in the case of a purchaser of fish the name and address of the person from whom he purchased that fish. (2) An inspector or other person appointed by the Board to perform the duties of an inspector who is authorized by this Act to search premises shall not make a search unless he has upon his person a certificate of his appointment issued by the Board. A person apparently in charge of premises about to be searched is entitled to demand and to be shown the certificate of appointment of the inspector or other person who seeks to search the premises. (3) Before an inspector enters any part of premises which part is being used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect- (a) that in any place fish is being sold, kept for sale or for delivery on sale; and (b) that in respect of that fish an offence against this Act has been committed, is being committed or is likely to be committed, may issue his warrant directed to the inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred on an inspector under this Act. A warrant shall be for the period of one month from the date of its issue sufficient authority for the inspector and for all persons acting in aid of him- (a) to enter the place specified in the warrant; and (b) to exercise therein the powers conferred on an inspector by this Act. In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises.

254 Fish Supply Management Act 1972, No. 30 (4) For the purpose of gaining entry to any place an inspector may call to his aid such persons as he thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry. 60. Disposal of seized fish and containers . (1) Where an inspector or other person appointed by the Board has lawfully seized any fish (whether with or without containers) the Board- (a) may cause that fish to be destroyed if- (i) it is condemned as unfit for human consumption; or (ii) it may lawfully be destroyed under this Act; (b) may cause that fish (and containers, if any) to be- (i) sold at a market or depot and the nett proceeds of sale retained by the Board until they are disposed of in accordance with an order of any court of competent jurisdiction or in accordance with the provisions of section 61; or (ii) retained by the Board until the determination of any proceeding taken in respect thereof in which the fish or, as the case may be, containers may be admitted in evidence. The Board may exercise a power conferred by this subsection with respect to a portion of the fish or containers lawfully seized notwithstanding that it does not exercise that power or any other power with respect to any other portion. (2) The Minister may direct that fish or containers lawfully seized under this Act be delivered to the. owner subject to such conditions as the Minister imposes, and the Board shall forthwith deliver the fish or containers in question in accordance with that direction. A person who contravenes or fails to comply with any condition imposed (whether on that person or another) by the Minister under this section commits an offence against this Act. 61. Disposal of nett proceeds of sale. (1) Where the Board is holding the nett proceeds of sale under section 60, a magistrates court constituted under The Justices Acts 1886 to 1968- (a) upon the determination of a proceeding, whenever commenced, for an offence against this Act alleged to have been committed with respect to the fish sold, of its own motion or on application made in that behalf by any party to that proceeding, or (b) if a proceeding specified in paragraph (a) has not been commenced within six months after the date of seizure of the fish sold, upon application in that behalf by the Board or by any person claiming a proprietary interest in those proceeds, may- (c) order that the nett proceeds of sale be paid into the general fund and become part of that fund if- (i) any person has been convicted of an offence against this Act in respect of the fish sold; (ii) the person who would otherwise be entitled to the nett proceeds of sale or any part thereof is unknown to the chairman after reasonable inquiry in that behalf; or (iii) for any other reason the court considers it just so to do. (d) order that the nett proceeds of sale be paid to the persons appearing to it to be entitled to them in such proportions as the court considers just; (e) make any other order it considers just.

Fish Supply Management Act 1972, No. 30 255 A court may make separate orders under this subsection in respect of several parts of the nett proceeds. (2) Where fish has been seized under section 59 and- (a) a proceeding for an offence against this Act alleged to have been committed with respect to that fish has not been commenced within twelve months after the date of seizure; or (b) a proceeding has not been commenced in any court in respect of that fish or the nett proceeds of sale or any part thereof within twelve months after the date of seizure, the nett proceeds of sale shall without further authority than this provision be applied by the Board to its general use for the purposes of this Act. (3) Where pursuant to an order of any court or to subsection (2) the Board has paid to any person or applied to its general use nett proceeds of sale or any part thereof, it shall not be liable at the suit of any person for such proceeds or part. An order of the court made pursuant to paragraph (d) or (e) of subsection (1) shall not operate or be construed so as to bar the right of a person entitled to recover by action the nett proceeds of sale or any part thereof (to which the order refers) from a person to whom those nett proceeds or part have been paid in compliance with that order. (4) An application under paragraph (b) of subsection (1) shall be made to the magistrates court in the magistrates courts district in which the principal office of the Board is situated. (5) A court to which any application is made under this section may require the applicant to give notice of his application to such persons as the court specifies and may from time to time adjourn the application for the purpose of enabling that notice to be given. (6) In this section and in section 60 the expression " nett proceeds of sale " means the amount remaining from the proceeds of sale of the fish (and containers, if any) in question after payment therefrom of expenses incurred in- (a) the seizure of the fish; (b) the conveyance of the fish from the place of seizure to the place of sale; (c) the storage of the fish until delivery on sale; (d) the sale in question. 62. Disposal of fish retained . A court that determines a proceeding for an offence against this Act may make such order with respect to the disposal of any fish or containers retained by the Board for the purposes of that proceeding as it considers just, and the Board and all other persons concerned shall do all things necessary to give effect to that order. 63. Offences . A person shall not- (a) assault, obstruct, threaten or intimidate any person employed by the Board in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; (b) fail to allow fish to be seized, removed or retained by any person employed by the Board in the exercise of his powers or in the discharge of his duties under this Act or by any person acting at the direction of that person; (c) take, retake, remove or otherwise deal with in a manner not authorized by this Act fish seized, removed or retained under this Act, or attempt so to do;

256 Fish Supply Management Act 1972, No. 30 (d) give, offer or promise any bribe, recompense, inducement or reward to any person employed by the Board or to any person acting at the direction of that employee with intent to influence that employee in the exercise of his powers or the discharge of his duties under this Act or, as the case may be, under such direction; (e) when required by a person employed by the Board to give information for the purposes of this Act- (i) fail to give information within his knowledge or means of knowledge; or (ii) give information that to his knowledge is false in a material particular; (f) fail to comply with a lawful order, notice, prohibition or requirement duly given or imposed by the Board or by a person employed by the Board for the purposes of this Act; (g) contravene or fail to comply with any term of any licence or permit; (h) open, break, remove, alter or erase any fastening, mark or seal placed on any container, door, aperture or place for the purposes of this Act unless he is authorized by this Act or the Board so to do; (i) when required so to do by a person employed by the Board in the discharge of his duties under this Act fail- (i) to produce any book, account or document in his possession or under his control; or (ii) to allow that person to inspect any book, account or document or to make a copy thereof or extract therefrom; (j) when required for the purposes of this Act by a person employed by the Board to state his name and address or the name and address of the person from whom he purchased any fish, fail to state his correct name and address or, as the case may be, the correct name and address of the person from whom he purchased the fish in question. PART V-MISCELLANEOUS 64. Exemption of auctioneer . An auctioneer appointed by the Board for the purposes of this Act may, while he holds that appointment, discharge his duties for those purposes without holding an auctioneer's licence under the Auctioneers and Agents Act1971. 65. Saving of HealthAct. The provisions of this Act shall be construed so as not to prejudice any provision of the Health Act1937-1971, or to derogate from the powers of the Director-General of Health and Medical Services under that Act. 66. Evidentiary provisions . (1) In any proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the chairman or any other member of, the secretary to or any employee or appointee of the Board, or the authority of the Board, or the chairman or other member ' of, the secretary to or any employee or appointee of the Board to do any act, give any direction or notice or take any proceeding;

Fish Supply Management Act 1972, No. 30 257 (b) a document, purporting to be a copy of a notification, requisition, direction, demand, order or other document given or made by or on behalf of the Board and purporting to be duly signed, given or made by the chairman, secretary, inspector or other person authorized by this Act to give or make it shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters therein contained and of the due signature, giving or making of the original of which it purports to be a copy; (c) a writing verified by a certificate purporting to be signed by the secretary to the Board as a true copy of or extract from any document or any entry in a register or book which document, register or book is in the custody of the Board or of any person on behalf of the Board shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence that the writing is what it is verified as being and of the matters contained in the original thereof. (2) The fact that fish that has been sold or purchased is found in any premises in a district shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the fish was sold or, as the case may be, purchased in that district. The fact that fish is found- (a) in any premises where fish is usually sold or kept for sale or for delivery for or on sale by any person; (b) in any vessel used by any person for the taking of fish for sale; (c) in any vehicle or vessel used by any person for the conveyance of fish for sale or for the delivery of fish for or on sale, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that that fish is in the possession of that person for sale. 67. Reports to Minister . Upon being required so to do by the Minister, by writing signed by him or by the Under Secretary, Department of Primary Industries, the chairman shall cause an accurate and full report to be furnished to the Minister with respect to- (a) the finances generally of the Board; (b) any matter relating to the revenues or expenditure of the Board; (c) any matter concerning the administration of the Board; (d) any business conducted by the Board; (e) any other matter pertaining to the carrying of this Act into effect by the Board. 68. General offence and penalty . (1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act. Penalty: $200. (2) All penalties recovered with respect to offences against this Act shall be paid to the Board to be applied to its general use for the purposes of this Act. 69. Proceedings generally. " (1) A prosecution for an offence against any provision of this Act shall be taken by summary proceeding under The Justices Acts 1886 to 1968. 9

258 Fish Supply Management Act 1972, No. 30 (2) Any sum of money payable to the Board pursuant to this Act may be recovered by- (a) summary proceeding under The Justices Acts 1 886 to 1968; or (b) action as for a debt due to the Board in any court of competent jurisdiction. (3) A summary proceeding for an offence against any provision of this Act or to recover any sum of money payable to the Board under this Act shall be taken by the Board through its secretary or by a person appointed in writing by the Board in that behalf. 70. M ode of service of documents . A notice, requisition or other writing authorized or required by this Act to be given to any person shall be duly given if- (a) it is served personally upon the person to whom it is directed; (b) it is left at the place of abode or business of the person to whom it is directed last known to the person who gives it; or (c) it is sent by post to the place of abode or business of the person to whom it is. directed last known to the person who sends it. 71. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act providing for all matters and things (whether general or to meet particular cases) that are necessary or convenient for the administration of this Act or for carrying this Act into effect. Regulations may be made to apply generally throughout the State or within any district or part of the State or with respect to any market or depot or otherwise to be of such limited application as is indicated therein. (2) Without limiting the generality of the power conferred upon the Governor in Council by subsection (1), regulations may be made with respect to the matters set forth in the second schedule. (3) For the purposes of this Act the power to regulate includes the power to prohibit. FIRST SCHEDULE [s. 48] Provisions Relating to the Proceedings of the Board 1. Exec utive officer . The chairman shall be the executive officer of the Board. 2. Meetings . (1) The Board shall meet at least once in each month. Notice of the time and place of a meeting shall be given to all members of the Board at least seven days before the date of that meeting. (2) The chairman shall preside at each meeting of the Board at which he is present and in his absence the deputy chairman if present shall preside. (3) If both the chairman and deputy chairman are absent from a meeting, a member of the 'Board appointed at the meeting shall preside. (4) A member of the Board appointed to preside at a meeting shall while he presides have all the powers, duties, functions and immunities of the chairman under this Act. 3. Special meetings . (1) The chairman may, of his own motion or upon the request of any member, convene a special meeting of the Board.

Fish Supply Management Act 1972, No. 30 259 If the chairman fails to comply with a request of a member within ten days of the date of the making thereof that member may convene a special meeting of the Board. (2) A notice of the time and place of a special meeting shall include reference to the business to be transacted at that meeting. (3) No business shall be transacted at a special meeting except such as is referred to in the notice thereof. 4. Quorum . Business shall not be transacted at a meeting of the Board unless at least one-half of the members who are eligible to participate in that business is present. 5. Duties of secretary . The secretary shall- (a) keep minutes of meetings; (b) cause notices of meetings to be duly issued; (c) conduct correspondence; and (d) perform such other duties as are prescribed or as are directed by the Board. 6. 'Voting. (1) A majority of the members who are eligible to vote on the business in question present at a meeting held in accordance with these rules may by open voting exercise the powers of the Board and perform all matters of business before that meeting. Except as is otherwise provided by these rules, all members present at a meeting shall vote and if any member (being competent to vote) abstains from voting he shall be taken to have voted for the negative. (2) A member shall not vote or participate in any debate or discussion with respect to a matter before the Board in which he has directly or indirectly by himself, his partners or a body corporate of whose governing body he is a member a pecuniary interest otherwise ( in the case of a representative member of the Board) than as a member of the class of persons he represents. (3) Subject to subrule (2), the chairman shall have a deliberative vote and, in the event of an equality of votes, a casting vote. 7. Adjournment of meetings . The members present at a meeting of the Board may from time to time adjourn that meeting. If a quorum of members is not present at a meeting within fifteen minutes after the time appointed for the meeting to commence, the member or members present, or the majority of them if more than two members are present, or the secretary, if no member is present or if the members present are equally divided on the issue, may adjourn the meeting to any time not later than seven days from the date of the adjournment. The provisions of this rule shall be construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which that meeting was appointed to be held. 8. Custody of seal . The common seal of the Board shall be kept in the custody of the secretary or where there s a temporary vacancy in that position, of the chairman.

260 Fish Supply Management Act 1972, No. 30 The common seal may be affixed by the person having custody of it in accordance with these rules. 9. Authentication of documents . Except where it is by this Act otherwise prescribed, a document made or issued by the Board for the purposes of this Act shall be sufficiently authenticated if it is signed by the chairman or secretary. 10. Validation of proceedings . (1) Notwithstanding that a member of the Board fails to act in any respect or to attend a meeting of the Board convened in accordance with these rules all acts and proceedings of the Board that are otherwise lawful shall be as valid and effectual as if they had been done or authorized by the whole Board. (2) A proceeding of the Board or an act of the chairman shall not be invalidated by reason of any defect in the qualification, appointment or membership of any member or by reason of a vacancy in the membership of the Board at the time of such proceeding or act. SECOND SCHEDULE [s. 71] Subject-matter for Regulations 1. Providing for and regulating the management and control by the Board of markets and depots and the supply and marketing of fish. 2. Providing for and regulating- (a) the traffic within the limits of a market or depot and the approaches to a market or depot; (b) the orderliness of carriers resorting to a market or depot; (c) the use to be made of buildings, stalls, pens, troughs and stands within a market or depot; (d) the prevention of nuisance or obstructions within a market or depot and the approaches to a market or depot; (e) the maintenance of order, discipline, decency and cleanliness of persons resorting to a market or depot; (f) the prevention of trespass upon or unauthorized intrusion into a market or depot; (g) standards of hygiene and cleanliness in and about a market or depot. 3. Providing for the rents, commissions, tolls, dues, rates, fees and charges payable to the Board in carrying this Act into effect or performing any function or duty under this Act or rendering any service and prescribing the persons who are to pay them, the purposes for which they shall be charged, the manner of their recovery and the settlement of disputes respecting their payment. 4. Providing for and regulating the disposal of fish that has been certified as unfit for human consumption or that the Board considers to be unsaleable. 5. Regulating the hours of trading at a market or depot.

Fish Supply Management Act 1972, No. 30 261 6. Regulating cold storage by the Board including, but without limit to the generality of the power conferred by this clause, the empowering of the Board at its discretion- (a) to allocate and re-allocate space in storage facilities having regard to competing claims of owners of fish; (b) to remove from storage and dispose of fish that the Board considers to be unsaleable. 7. Preventing the use of false or defective weights, scales or measures. 8. Providing for and regulating the sale of fish at a market or depot. 9. Providing for and regulating- (a) the inspection of fish at a market or depot; (b) the prevention of the sale in a market, depot or elsewhere of unsound or unwholesome fish (including fish in a condition known as " earthy " or fish in a condition known as kerosene tainted "), or fish that has been certified as unfit for human consumption; (c) the disposal of fish the sale of which is prevented pursuant to paragraph (b). 10. Providing for and regulating applications for licences, the issue, renewal, transfer, cancellation and surrender of licences or of duplicate licences issued in the stead of licences mislaid or destroyed and the endorsement of licences. 11. Prescribing conditions to apply generally with respect to licences or permits or to be applied in particular cases by the Board. 12. Providing for and regulating the nomination of persons for appointment as members of the Board, representative of fishermen and prawn operators. 13. Regulating the Board's guarantee of loans. 14. Providing for and regulating the proceedings of the Board, allowances to be paid to the chairman, the fees to be paid to members for attendance at meetings of the Board and expenses of members incurred in the performance of their duties under this Act. 15. Prescribing returns to be furnished for the purposes of this Act, the subject-matter of returns, the time and mode of compiling and furnishing returns and the persons by and to whom returns are to be furnished. 16. Providing for and regulating the delegation by the Board of its powers, authorities, duties and functions and prescribing the persons to whom a delegation may be made. 17. Prescribing forms to be used for the purposes of this Act and the purposes for which they shall be used.

262 Fish Supply Management .Act 1972, No. 30 18. Prescribing all matters and things that by this Act are required or permitted to be prescribed and in respect of which the method by which they are to be prescribed is not specified. 19. Prescribing penalties for breaches of the regulations not exceeding $100.