Fish Supply Management Act Amendment Act 1976 (Qld)

535 w1umlarbr ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 58 of 1976 An Act to amend the Fish Supply ManagementAct 1972 in certain particulars [ASSENTED TO 3RD NOVEMBER, 1976] 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:- 1. Short title and citation . (1) This Act may be cited as the Fish Supply Management Act Amendment Act 1976. (2) The Fish Supply Management Act 1972 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Fish Supply Management Act1972-1976.

536 Fish Supply Management Act Amendment Act 1976, No. 58 2. Amendment of s. 5. Section 5 of the Principal Act is amended by inserting after the definition " sale " the following definition:- " " State Council " means the Queensland Commercial Fishermen's State Council constituted under the PrimaryProducers'Organisation and Marketing Act1926-1973; ". 3. Repeal of and new s. 11 . The Principal Act is amended by repealing section 11 and substituting the following section:- " 11. Members of Board. (1) On and from the expiration of the terms of appointment of the members of the Board constituted at the time of the passing of the Fish Supply Management Act Amendment Act 1976, the Board shall consist of not less than seven members being- (a) a chairman of the Board; (b) not less than three persons nominated by the Minister from a panel of seven names of persons furnished by the State Council of whom- (i) one at least shall be usually resident in that part of the State lying north of the twenty-second parallel of south latitude; and (ii) one at least shall be usually resident in that part of the State; lying., south of the twenty-second parallel of south'iatitude; and (c) not less,tl}an three persons 'nominated by the Minister of whom- (i) one at least shall be usually resident in that part of the State lying north of the twenty-second parallel of south latitude; and (ii) one at least shall be usually resident in that part of the State lying south of the twenty-second parallel of south latitude. (2) Subject to section 14, a person who is, at the commencement of the Fish Supply Management Act Amendment Act 1976, a member of the Board shall continue to be a member thereof until the expiration of his term of appointment.". 4. Repeal of and new s. 12. The Principal Act is amended by repealing section 12 and substituting the following section:- " 12. Appointment of members . (1) The members of the Board shall be appointed by the Governor in Council on the recommendation of the Ministcr by notification published in the Gazette. (2) The Governor in Council shall by notification published in the Gazette appoint a person nominated by the Minister, whether or not being a member of the Board, to be deputy chairman of the Board. (3) 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.

Fish Supply Management Act Amendment Act 1976, No. 58 537 (4) 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. (5) A person may hold office as a member of the Board in addition to any position he holds in the Public Servige of Queensland.". 5. Repeal of and new s . 16. The Principal Act is amended by repealing section 16 and substituting the following section:- 16. Minister to request nominations . (1) At least two months before an appointment of members of the Board pursuant to section 11 (1) (b) is to be made, the Minister shall request, in writing, the State Council to furnish to him a panel of at least seven names of its nominees for appointment to membership of the Board in accordance with this Act within the time limited in the request. (2) If at any time the Minister fails to comply with subsection (1) within the time limited therein he may at any later time issue his request in writing therein prescribed and such issue and all action taken thereon as prescribed shall be deemed to be sufficient compliance with this Act. (3) If at any time default is made in furnishing as requested by the Minister a panel of names or the panel of names furnished is, in the opinion of the Minister, inadequate as to the number or the description or the fitness of persons named therein the Minister may at his discretion nominate a person or persons sufficient as to number or description or fitness to comprise the panel in respect of which default is made or, as the case may be, to make adequate the panel furnished. The panel as so comprised or made adequate by the Minister shall be deemed to have been furnished by or on behalf of the State Council.". 6. New section 26A. The Principal Act is amended by inserting after section 26 the following section:- " 26A. Inspectors under Fisheries Act to be inspectors under this Act. Every person who is an inspector within the meaning of the Fisheries Act 1957-1974, ot:ier than ,n ':^onorary inspector appointed thereunder, shall be deemed to be an inspector appointed by the Board to administer this Act and to carry this Act into effect.". 7. Repeal of and new s. 40. The Principal Act is amended by repealing section 40 and substituting the following section:- " 40. Advances by way of overdraft . The Board may, with the approval of the Treasurer first had and obtained and in compliance with the conditions (if any) of such approval, obtain advances from any bank by way of overdraft on the general fund. The Board shall not suffer the amount of its overdraft to exceed the amount for the time being approved by the Treasurer.". 18

538 Fish Supply Munugement Act Amendment Act 1976, No. 58 8. Amendment of s. 46. Section 46 of the Principal Act is amended by omitting from subsection (1) the words " section 43 " and substituting the words " section 42 ". • 9. Amendment of s. 51 . Section 51 of the Principal Act is amended by omitting from subsection (1) all words from and including the words " unless that fish " to the end thereof and substituting the following words:- unless- (c) that person purchases that fish from a retail outlet; or (d) that fish has first been sold, at a market or depot at a sale conducted by the Board.". 10. New section 51A. The Principal Act is amended by inserting after section 51 as amended by this Act the following section: - " 51A . Dockets to evidence sale of fish . (I) Subject to this section, upon the sale of fish the vendor shall give to the purchaser and the purchaser shalt obtain from the vendor a docket that complies with subsection (2). (2) A docket given and obtained pursuant to subsection (1) shall- (a) state the name and usual address of the vendor and of the -purchaser; (b) specify the date of the sale to which it relates; and (c) identify the quantity and description of fish sold. (3) A person who has obtained a docket referred to in subsection (1) shall retain the docket in his possession for as long as he has in his possession the fish to which the docket relates or any part of such fish. (4) Subsection (1) does not apply to a sale of fish if the purchase of that fish is for a purpose other than sale by the purchaser. (5) A person in possession of fish shall, upon the demand of an inspector, produce to the inspector a docket that complies with subsection (2) and that relates to such fish unless such person is not required by subsection (l) to obtain a docket in respect of such fish.". 11. Amendment of s. 54. Section 54 of the Principal Act is amended in subsection (2) by inserting at the end of provision (b) the following expression and words:- ` ; or (c) he purchases that tish from a retail outlet conducted by the Board".

Fish Supply M anagement Act Amendment Act 1976, No. 5k 539 12. Amendment of s. 68 . Section 68 of the Principal Act is amended by in subsection (1) omitting the expression " 5200 " and substituting the expression " $500 ". 13. Amendment of Second Schedule . The Second Schedule of the Principal Act is amended by omitting from clause 19 the expression " 5100 " and substituting the expression " $500 ".