FISHERIES.
No. 48 of 1959.
An Act to amend the Fisheries Act 1952–1956.
[Assented to 22nd May, 1959.]
[Date of commencement, 19th June, 1959.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Fisheries Act 1959.
(2.) The Fisheries Act 1952–1956 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Fisheries Act 1952–1959.
2. Section three of the Principal Act is repealed and the following section inserted in its stead:—
Parts.
“3. This Act is divided into Parts, as follows:—
Part I.—Preliminary (Sections 1–5).
Part II.—Administration (Section 6).
Part III.—Regulation of Fisheries (Sections 7–10).
Part IV.—Research and Development (Sections 11–12).
Part V.—Miscellaneous (Sections 13–17).”.
Definitions.
3. Section four of the Principal Act is amended by omitting the definition of “the Secretary” and inserting in its stead the following definition:—
“‘the Secretary’ means the Secretary to the Department of Primary Industry;”.
Regulation of fishing.
4. Section eight of the Principal Act is amended—
(a) by omitting from sub-section (1.) the words “of a species” (wherever occurring) and inserting in their stead the words “included in a class of fish”; and
(b) by adding at the end thereof the following sub-sections:—
“(3.) Without limiting the generality of the power conferred by sub-section (1.) of this section to prohibit the taking of fish included in a class of fish, that power extends to prohibiting, in the case of crayfish, the taking of female crayfish having eggs or spawn attached to them.
“(4.) In a notice under paragraph (b) of subsection (1.) of this section, the Minister may also prohibit the cutting up or dismembering, on a boat in proclaimed waters, or in the area of proclaimed waters, as the case may be, of the fish, or of the fish included in the class of fish, specified in the notice that are taken from proclaimed waters, or from the area of proclaimed waters, as the case may be.”.
Offences.
5. Section thirteen of the Principal Act is amended—
(a) by inserting in paragraph (a), after the word “fish”, the words”, whether on his own account or as the partner, agent or employee of another person,”;
(b) by inserting after paragraph (b) the following paragraph:—
“(ba) in an area of proclaimed waters, have a fish in his possession or under his control in a boat at a time when the taking of the fish in that area is prohibited by a notice…