FISHERIES.
No. 7 of 1952.
An Act relating to Fisheries in certain Australian Waters.
[Assented to 13th March, 1952.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Part I.—Preliminary.
Short title.
1. This Act may be cited as the Fisheries Act 1952.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Parts.
3. This Act is divided into Parts, as follows:—
Part I.—Preliminary.
Part II.—Administration.
Part III.—Regulation of Fisheries.
Part IV.—Research and Development.
Part V.—Miscellaneous.
Definitions.
4. In this Act, unless the contrary intention appears—
“Australian waters” means—
(a) Australian waters beyond territorial limits; and
(b) the waters adjacent to a Territory and within territorial limits;
“boat” means steamer, launch, vessel or floating craft of any description;
“fish” includes turtles, dugong, crustacea, oysters and other shellfish but does not include any species of whales, pearl shell, trochus, bêche-de-mer or green snail;
“fisherman” means a person licensed under this Act to take fish;
“net” means a fabric of rope, cord, twine or other material knotted or woven into meshes and designed or fitted to catch fish;
“officer” means—
(a) a person permanently or temporarily employed in the Public Service of the Commonwealth or of a Territory or by an authority of the Commonwealth and authorized to perform duties under this Act;
(b) a person permanently or temporarily employed in the Public Service of a State and authorized to perform duties under this Act in pursuance of an arrangement between the Commonwealth and the State;
(c) a member of the police force of a State or Territory;
(d) a Peace Officer appointed under the Peace Officers Act 1925; and
(e) a member of the Defence Force;
“proclaimed waters” means Australian waters specified by Proclamation in force under section seven of this Act;
“take”, in relation to fish, means take, catch or capture for trading or manufacturing purposes and “taking” has a corresponding meaning;
“Territory” means Territory of the Commonwealth;
“the Secretary” means the Secretary to the Department of Commerce and Agriculture;
“trap” means an enclosure (not being a net) designed to catch fish, whether fixed to the shore or not.
Application.
5. This Act extends to all the Territories and to all Australian waters.
Part II.—Administration.
Delegation.
6.—(1.) The Minister or the Secretary may, by instrument in writing, delegate to a person or authority all or any of his powers, functions and authorities under this Act (except this power of delegation) in relation to a matter or class of matters, or to a State, part of the Commonwealth or Territory, or in relation to an area of Australian waters, so that the…