Fisheries Act 1982 (SA)

South Australia

Fisheries Act 1982

An Act to provide for the conservation, enhancement and management of fisheries, the regulation of fishing and the protection of certain fish; to provide for the protection of marine mammals and the aquatic habitat; to provide for the control of exotic fish and disease in fish, and the regulation of fish processing; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Fisheries Act 1982.

5—Interpretation

(1)
In this Act, unless the contrary intention appears—
abalone means abalone (Haliotis spp.) of all species;
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;
aquatic reserve means any waters, or land and waters, declared by proclamation under Division 2 of Part 4 to be an aquatic reserve;
Australian fishing zone means the Australian fishing zone as defined in the Commonwealth Act;
authority means a licence, permit, registration or lease provided for by or under this Act;
boat means any means of transportation on or under water;
Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth as amended from time to time or any Act enacted in substitution of that Act;
device means any implement, apparatus, device or substance for taking or facilitating the taking of fish;
the Director means the person for the time being holding or acting in the office of the Director of Fisheries under Part 3;
exotic fish means fish of a class declared by regulation to be exotic fish;
farm fish means fish propagated or kept for the purpose of trade or business, the control or eradication of the aquatic or benthic flora or fauna or consumption as food;
fish means an aquatic organism of any species and includes the eggs, spat or spawn, or the body, or part of the body (including the shell) of such an organism;
fisheries officer means a person who is a fisheries officer under Part 3 either by virtue of appointment as such or ex officio;
the Fisheries Research and Development Fund means the Fisheries Research and Development Fund continued in existence under Division 4 of Part 3;
fishery means a class of fishing activities declared by regulation to constitute a fishery under Division 1 of Part 4;
fishery licence means a licence granted in respect of a fishery under Division 1 of Part 4 and includes a duplicate copy of such a licence;
fishing activity means the act of taking fish, or an act preparatory to, or involved in, the taking of fish;
fish processor means a person who for the purpose of trade or business processes or purchases or obtains fish;
foreign boat has the same meaning as it has in the Commonwealth Act;
management committee means a management committee established in respect of a fishery by the regulations;
marine mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea);
marine park means any waters, or land and waters, constituted a marine park by proclamation under Division 2 of Part 4;
Minister for the Adelaide Dolphin Sanctuary means the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed;
processing in relation to fish, means scaling, gilling, gutting, filleting, freezing, chilling, packing or any other activity involved in preparing fish for sale;
purchase means—
(a)
purchase or take in exchange; or
(b)
agree or offer to purchase or take in exchange; or
(c)
receive, or accept or take delivery, under an agreement to purchase or take in exchange; or
(d)
cause, suffer or permit an act referred to in paragraph (a), (b) or (c);
registered boat—
(a)
means a boat registered by endorsement of a fishery licence under Division 1 of Part 4; and
(b)
includes a boat used in the place of a boat referred to in paragraph (a) with the consent of the Director and in accordance with the conditions (if any) of that consent;
registered fish processor means a person registered as a fish processor under Division 5 of Part 4;
registered master—
(a)
means a person registered by endorsement of a fishery licence under Division 1 of Part 4 as master of a boat that may be used pursuant to the licence; and
(b)
includes a person acting in the place of a person referred to in paragraph (a) with the consent of the Director and in accordance with the conditions (if any) of that consent;
registered owner—
(a)
in relation to a registered boat means, subject to paragraph (b), the holder of the fishery licence on which is endorsed the registration of that boat; or
(b)
in relation to a boat being used by the holder of a fishery licence pursuant to this Act in place of a boat registered by endorsement on that licence—means the holder of that licence;
the repealed Act means the Fisheries Act 1971 repealed by this Act;
River Murray has the same meaning as in the River Murray Act 2003;
sell means—
(a)
sell or give in exchange; or
(b)
agree or offer to sell or give in exchange; or
(c)
have in possession or control, expose, store, consign or deliver for sale or exchange; or
(d)
cause, suffer or permit an act referred to in paragraph (a), (b) or (c);
species includes sub-species or variety;
take in relation to fish means catch, take or obtain fish (whether alive or dead) from any waters or kill or destroy fish in any waters;
this Act includes a regulation, proclamation, arrangement or other instrument under this Act;
waters means—
(a)
any sea or inland waters including any body of water or watercourse of any kind whether occurring naturally or artificially created; or
(b)
the bed of such waters.
(2)
A class of fishing activities may be defined in any regulation, proclamation, arrangement or other instrument under this Act by reference to all or any of the following factors:
(a)
a species of fish; or
(b)
a description of fish by reference to sex, size, weight or any other characteristic; or
(c)
a number or quantity of fish; or
(d)
a period of time; or
(e)
an area of waters or a place; or
(f)
a method of fishing; or
(g)
a class or number of boats; or
(h)
a class of persons; or
(i)
a purpose of activities; or
(j)
any other factor.
(3)
In this Act, a reference to engaging in a fishing activity of a class is to be construed as a reference to doing an act that falls within the defined class and as including a reference to—
(a)
using a device for the purpose of the activity; or
(b)
using a boat for the purpose of the activity; or
(c)
being in charge of, or acting as a member of the crew of, a boat that is being used for the purpose of the activity; or
(d)
diving in waters for the purpose of the activity; or
(e)
causing, assisting, suffering or permitting a person to do an act referred to in this subsection.
(4)
For the purposes of this Act, a fish will not be regarded as having been taken if it is taken but forthwith returned to the water unencumbered in any way and with as little injury as possible.
(5)
This Act does not apply in relation to any activity (other than the taking of fish for the purpose of trade or business or the introduction of exotic fish or fish disease) engaged in in relation to inland waters if those waters are surrounded by land that is in the ownership, possession or control of the same person (being a person other than the Crown or an instrumentality of the Crown).
(6)
Subject to any limitations expressly prescribed in this Act, this Act applies—
(a)
in relation to all waters that are within the limits of the State; and
(b)
except for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Division 3 of Part 2 and except for purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone; and
(c)
for purposes relating to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Division 3 of Part 2—in relation to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and
(d)
for purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat other than recreational fishing activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act—in relation to any waters to which the legislative powers of the State extend with respect to such activities.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.

Part 2—Commonwealth-State arrangements

Division 1—Preliminary

6—Interpretation

In this Part, unless the contrary intention appears—
arrangement means an arrangement made by the State with the Commonwealth under Division 3 whether or not it is also made with another State or other States;
coastal waters in relation to the State has the same meaning as it has in the Commonwealth Act;
Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister performing and exercising functions and powers pursuant to section 60 of the Commonwealth Act;
fishery means a class of fishing activities identified in an arrangement under this Part as a fishery to which the arrangement applies;
Joint Authority means a Joint Authority established under section 61 of the Commonwealth Act of which the Minister is a member;
Joint Authority fishery means a fishery in respect of which there is in force an arrangement under Division 3 under which the fishery is to be under the management of a Joint Authority.

Division 2—Joint authorities

7—Powers and functions of Minister

(1)
The Minister may exercise and perform any power or function conferred on the Minister by Part 5 of the Commonwealth Act, including any power or function of the Minister as a member of a Joint Authority.
(2)
Where, in the exercise of the power conferred by Part 5 of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise and perform the powers and functions conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister.

8—Judicial notice

All courts and persons acting judicially must take judicial notice of the signature of a person who is or has been a member of a Joint Authority or a deputy of a member of a Joint Authority and of the fact that the person is, or was at a particular time, such a member or deputy.

9—Functions of Joint Authority

A Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force under Division 3 as are conferred on it by the law in accordance with which, pursuant to the arrangement, the fishery is to be managed.

10—Delegation

(1)
A Joint Authority may, by instrument in writing, either generally or otherwise, delegate to a person any of its powers under this Act other than this power of delegation.
(2)
Where a power delegated under subsection (1) is exercised by the delegate, the power will, for the purposes of this Act, be taken to have been exercised by the Joint Authority.
(3)
A delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified office, including an office—
(a)
in the service of; or
(b)
in the service of an authority of; or
(c)
under the law of,
the Commonwealth, another State or a Territory of the Commonwealth.
(4)
A delegate of a Joint Authority is, in the exercise of delegated powers, subject to the directions of the Joint Authority.
(5)
A delegation of a power under this section—
(a)
may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); and
(b)
continues in force despite any change in the membership of the Joint Authority.
(6)
A certificate signed by a member of a Joint Authority stating any matter with respect to a delegation under this section by the Joint Authority will, in the absence of proof to the contrary, be accepted as proof of the matter stated.
(7)
In any legal proceedings an apparently genuine document purporting to be a certificate referred to in subsection (6) will, in the absence of proof to the contrary, be taken to be such a certificate and to have been duly given.
(8)
Nothing in this Part is intended to prevent the delegation by a Joint Authority, in accordance with the law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth.

11—Procedure of Joint Authorities

(1)
Sections 66 to 68 (inclusive) of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act.
(2)
A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or a deputy of that Minister, who took part in or made the decision will, in the absence of proof to the contrary, be accepted as proof that the decision, as recorded, was duly made.
(3)
In proceedings in any court, an instrument or other document signed, on behalf of a Joint Authority, by a member of the Joint Authority will be taken to have been duly executed by the Joint Authority and, unless the contrary is proved, will be taken to be in accordance with a decision of the Joint Authority.

12—Report of Joint Authority

The Minister must cause a copy of a report of a Joint Authority prepared under section 70 of the Commonwealth Act to be laid before each House of Parliament as soon as practicable after preparation of the report.

Division 3—Arrangements with respect to the management of particular fisheries
13—Arrangement for management of certain fisheries
(1)
The State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery.
(2)
An arrangement may be terminated as provided by the Commonwealth Act.
(3)
After an arrangement has been made, but before the arrangement takes effect, authorities, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations, proclamations and notices may be made, for the purposes of the operation of this Act as affected by the arrangement, as if the arrangement had taken effect, but such an authority, endorsement, instrument, regulation, proclamation or notice does not have effect before the arrangement takes effect.
(4)
Upon the termination of an arrangement, authorities, endorsements and other instruments granted, issued, renewed, made or executed, and regulations, proclamations and notices made, for the purposes of the operation of this Act as affected by the arrangement cease to have effect.
(5)
After action for the purpose of the termination of an arrangement has been taken, but before the termination takes effect, authorities, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations, proclamations and notices may be made, for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated, but such an authority, endorsement, instrument, regulation, proclamation or notice does not have effect before the termination of the arrangement takes effect.
14—Application of this Act to fisheries in accordance with arrangements
Where there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the State, the provisions of this Act apply to and in relation to the fishery except that those provisions do not apply to or in relation to that fishery in respect of foreign boats, operations on and from foreign boats or persons on foreign boats or in relation to matters that occurred before the arrangement took effect.
14A—Application of Commonwealth law within limits of State in accordance with arrangements
Where there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the Commonwealth, that law applies within the limits of the State as a law of the State.

15—Functions of Joint Authority

(1)
Where, in respect of a fishery, there is in force an arrangement under which a Joint Authority has the management of the fishery and the fishery is to be managed in accordance with the law of the State, the Joint Authority has the functions of keeping constantly under consideration the condition of the fishery, formulating policies and plans for the good management of the fishery and, for the purposes of the management of the fishery, exercising the powers conferred on it by this Act and co-operating and consulting with other authorities (including other Joint Authorities within the meaning of the Commonwealth Act) in matters of common concern.
(2)
A Joint Authority has the following objectives in the performance of its functions under subsection (1):
(a)
ensuring, through proper conservation, preservation and fisheries management measures, that the living resources of the waters to which this Act applies are not endangered or overexploited; and
(b)
achieving the optimum utilisation and equitable distribution of those resources.
16—Joint Authority to exercise certain powers instead of Minister or Director
(1)
Subject to this section, an authority or endorsement granted, issued, renewed or made under this Act otherwise than by virtue of this section does not authorise the doing of any act or thing in or in relation to a Joint Authority fishery.
(2)
In respect of a Joint Authority fishery that is to be managed in accordance with the law of the State, the powers conferred before or after the commencement of this Part on the Minister or the Director or the delegate of the Minister or Director by or under this Act (this Part excepted) or the regulations (including powers with respect to the grant, renewal, revocation and suspension of authorities) are exercisable by the Joint Authority to the exclusion of the Minister or the Director or the delegate of the Minister or Director.
(3)
An authority granted under this Act by a Joint Authority will contain such conditions and limitations that it does not apply in relation to a Joint Authority fishery, or Joint Authority fisheries, not managed by that Joint Authority.
(4)
A Joint Authority may endorse an authority granted under this Act (including an authority granted by that Joint Authority or another Joint Authority) so as to extend the operation of the authority to matters to which the powers of the Joint Authority under this Act are applicable and, where such an endorsement is made—
(a)
the endorsement ceases to have effect if the authority ceases to have effect; and
(b)
the Joint Authority may suspend or revoke the endorsement as if it were an authority granted by the Joint Authority.
(5)
Subject to section 19(1)(b) and (c), where, at a time a fishery becomes a Joint Authority fishery, a regulation, proclamation or notice under this Act would, but for this subsection, apply to the fishery, the regulation, proclamation or notice, as the case may be, ceases so to apply.
(6)
This section does not empower a Joint Authority to grant, or to take other action in respect of, an authority in respect of a foreign boat or to endorse such an authority.
17—Application of certain provisions relating to offences
For the purposes of the prosecution of a person for an offence under this Act in respect of anything done to or in relation to fish to which a Joint Authority fishery relates or otherwise in relation to a Joint Authority fishery, any reference in the provision creating the offence to an authority of a particular kind is to be read as a reference to such an authority, or an endorsement of such an authority, granted, issued, renewed or made by the relevant Joint Authority.

18—Presumption relating to certain statements

A statement in an arrangement to the effect that specified waters—
(a)
in the case of an arrangement to which the Commonwealth and the State are the only parties—are waters adjacent to the State; and

(b)
in the case of any other arrangement—are waters adjacent to the States that are parties to the arrangement or are waters adjacent to a specified State or States,
will, for the purposes of this Act, be conclusively presumed to be correct.

19—Regulations

(1)
Where a Joint Authority is to manage a fishery in accordance with the law of the State, the Governor may, for the purpose of giving effect to a decision of the Joint Authority—
(a)
make regulations for the management of the fishery; or
(b)
make a regulation applying to the fishery a regulation made otherwise than pursuant to this section; or
(c)
amend a regulation made otherwise than pursuant to this section so that it is expressed to apply to the fishery, whether or not it also applies to any other fishery.
(2)
The power conferred on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c).
(3)
Where a regulation affecting a fishery that is to be managed by a Joint Authority is expressed to be made pursuant to this section, it will be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.

Part 3—Administration

Division 1—Objectives

20—Objectives

In the administration of this Act, the Minister, the Director and management committees have as their principal objectives:
(a)
ensuring, through proper conservation, preservation and fisheries management measures, that the living resources of the waters to which this Act applies are not endangered or overexploited; and
(b)
achieving the optimum utilisation and equitable distribution of those resources; and
(c)
insofar as this Act applies to the River Murray, seeking to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and
(d)
insofar as this Act applies to the Adelaide Dolphin Sanctuary, seeking to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005.

Division 2—The Minister and the Director

21—The Minister

(1)
The Minister—
(a)
is a body corporate; and
(b)
has full juristic capacity to exercise any powers that are by their nature capable of being exercised by a body corporate.
(2)
Where a document appears to bear the common seal of the Minister, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Minister.

22—The Director

(1)
The office of the Director of Fisheries continues in existence.
(2)
The Director of Fisheries is a Public Service employee.

23—Delegation

(1)
The Minister may, by instrument in writing, either generally or otherwise, delegate to the Director, any other Public Service employee or a management committee any of his or her powers under this Act other than this power of delegation.
(2)
The powers conferred on the Minister by section 57 cannot be the subject of any delegation.
(3)
The Director may, by instrument in writing, either generally or otherwise, delegate to any Public Service employee or a management committee any of his or her powers under this Act other than this power of delegation.
(4)
Where a power delegated under this section by the Minister or the Director is exercised by the delegate, the power will, for the purposes of this Act, be taken to have been exercised by the Minister or, as the case may be, the Director.
(5)
A delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified position in the Public Service of the State.
(6)
A delegate of the Minister or the Director is, in the exercise of delegated powers, subject to the directions of the Minister or the Director.
(7)
A delegation of a power by the Minister or the Director under this section—
(a)
may be revoked, by instrument in writing, by the Minister or the Director; and
(b)
does not prevent the exercise of the power by the Minister or the Director.
(8)
A certificate signed by the Minister or the Director stating any matter with respect to a delegation under this section by the Minister or, as the case may be, the Director will, in the absence of proof to the contrary, be accepted as proof of the matter stated.
(9)
In any legal proceedings, an apparently genuine document purporting to be a certificate referred to in subsection (8) will, in the absence of proof to the contrary, be taken to be such a certificate and to have been duly given.

24—Annual report

(1)
The Director must, on or before 31 December in each year, submit to the Minister a report on the administration of this Act during the year ending on the preceding 30 June.
(2)
The Minister must, as soon as practicable after receipt of a report under subsection (1), cause copies of the report to be laid before both Houses of Parliament.

Division 3—Fisheries officers

25—Fisheries officers

(1)
The Minister may appoint any of the following persons to be fisheries officers for the purposes of this Act:
(a)
Public Service employees;
(b)
officers under the Commonwealth Act;
(c)
persons authorised under a law of another State or a Territory of the Commonwealth related to fishing to exercise powers or discharge duties related to the enforcement of that law.
(2)
The Director and each member of the police force are fisheries officers for the purposes of this Act.
(3)
An appointment under subsection (1) may be made subject to conditions limiting the area within which, or the purposes for which, the appointee may exercise the powers of a fisheries officer.
(4)
The Minister may, by notice in writing served on a fisheries officer—
(a)
vary or revoke a condition of an appointment imposed under subsection (3); or
(b)
revoke the appointment.

26—Identity cards and their production

(1)
The Minister must, subject to subsection (2), issue to every fisheries officer an identity card stating the name of that person and the fact that he or she is a fisheries officer under this Act.
(1a)
Where the powers of a fisheries officer have been limited pursuant to section 25(3), the identity card issued to the officer must contain a statement of the limitation on the officer's powers.
(2)
The issue of an identity card is not required in the case of a fisheries officer who is a member of the police force of the State.
(3)
A fisheries officer must, on demand by any person in relation to whom the officer is exercising or proposing to exercise any powers under this Act, produce his or her identity card, or where the fisheries officer is a member of the police force not in uniform, his or her warrant card, for the inspection of that person.

27—Restriction on interests of fisheries officers

(1)
A fisheries officer must not, without the consent of the Minister—
(a)
have any proprietary or pecuniary interest in a business, or a company or trust that has an interest in a business, involving the taking of fish or dealing in or with fish; or
(b)
act as agent for a person who has any such proprietary or pecuniary interest in any matter connected with such a business.
Penalty: Division 7 fine.
(2)
Where a fisheries officer appointed under section 25(1) is convicted of an offence against subsection (1), the officer ceases, on that conviction to hold office as a fisheries officer under this Act.
(3)
A person (other than a fisheries officer) engaged in the administration of this Act must, if he or she has an interest of a kind referred to in subsection (1)(a), declare the interest to the Minister.
Penalty: Division 7 fine.

28—Powers of fisheries officers

(1)
Subject to this section, a fisheries officer may for the purposes of the administration or enforcement of this Act—
(a)
where he or she reasonably suspects that any premises, land, waters, boat or vehicle is being, has been or is intended to be, used for, or in connection with, an activity regulated by or under this Act—at any time, enter and search and inspect and, where necessary for the purpose, break into or open any part of, or thing in, the premises, land, waters, boat or vehicle; or
(b)
where he or she reasonably suspects that anything has been done or omitted to be done in contravention of this Act in relation to any fish, boat, vehicle, device, equipment, document, record or other thing, or that it affords evidence of an offence against this Act—seize and retain the fish, boat, vehicle, device, equipment, document, record or other thing; or
(c)
give any directions to the person in charge of, or any person in or on, any premises, land, waters, boat or vehicle that are reasonably necessary in order to facilitate the exercise of the powers conferred by paragraph (a) or (b), including, without limiting the generality of the foregoing, directions with respect to the stopping or moving of a boat or vehicle; or
(d)
where he or she reasonably suspects that a person is engaging, is intending to engage, or has engaged in an activity regulated by or under this Act—require the person to state his or her full name and usual place of residence and to produce evidence of his or her identity; or
(e)
where he or she reasonably suspects that a boat is being, is intended to be, or has been, used for the purpose of taking fish—require the person in charge of the boat to give information concerning the boat, the boat's crew and any person on board the boat; or
(f)
require any person required to hold an authority or to have an authority in his or her possession to produce the authority, and take copies of or extracts from the authority.
(2)
Subject to subsection (2b), a fisheries officer cannot exercise the power conferred by subsection (1)(a) in relation to any premises except on the authority of a warrant issued by a justice.
(2a)
A justice must not issue a warrant under subsection (2) unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.
(2b)
A warrant is not required to exercise the power conferred by subsection (1)(a) in relation to non-residential premises if—
(a)
the premises are used by a fish processor for, or in connection with, processing, storing or dealing with fish; or
(b)
the fisheries officer has reason to believe that in the circumstances urgent action is required.
(3)
Where fish that are liable to seizure pursuant to subsection (1)(b) are contained in any receptacle or container, the receptacle or container and all its contents may be seized and retained pursuant to that subsection.
(4)
A person must not—
(a)
fail to comply with a requirement made of him or her, or direction given to him or her, by a fisheries officer under this section; or
(ab)
in response to a requirement under subsection (1)(d)—
(i)
state a name or address that is false; or
(ii)
produce false evidence of his or her identity; or
(b)
hinder or use abusive, threatening or insulting language to a fisheries officer, a person accompanying or assisting a fisheries officer, or any other person engaged in the administration or execution of this Act.
Penalty: Division 6 fine.
(5)
A person must not assault a fisheries officer, a person accompanying or assisting a fisheries officer, or any other person engaged in the administration or execution of this Act.
Penalty: Division 5 fine or division 5 imprisonment, or both.
(5a)
A fisheries officer, or a person accompanying or assisting a fisheries officer, who, in relation to the exercise of powers under this Act—
(a)
addresses offensive language to any other person; or
(b)
without lawful authority or a reasonable belief as to lawful authority, hinders or obstructs, or uses or threatens to use force in relation to, any other person,
is guilty of an offence.
Penalty: Division 6 fine.
(6)
A fisheries officer may arrest without warrant any person—
(a)
who hinders or assaults a fisheries officer, a person accompanying or assisting a fisheries officer or any other person engaged in the administration or execution of this Act; or
(b)
where he or she has reason to believe that the person has committed an offence against this Act and—
(i)
when required to do so under this section, failed—
(A)
to state truthfully his or her name or usual place of residence; or
(B)
to produce true evidence of his or her identity; or
(ii)
would fail to attend court in answer to a summons issued in respect of the offence; or
(iii)
would continue or repeat the offence if not arrested.
(7)
Upon arresting any person in pursuance of this section, a fisheries officer must forthwith convey the person, or cause him or her to be conveyed, to the nearest police station.
(8)
A person arrested in pursuance of this section who escapes from lawful custody is guilty of an offence.
Penalty: Division 5 fine or division 5 imprisonment, or both.
(9)
Where anything has been seized under this section, the following provisions apply:
(a)
the thing seized is to be held by the Crown pending proceedings for an offence against this Act related to the thing seized, unless the Minister—
(i)
upon application, authorises its release to the person from whom it was seized or any person who had legal title to it at the time of its seizure subject to such conditions as the Minister thinks fit, including conditions as to the giving of security for satisfaction of an order under paragraph (b)(i)(B); or
(ii)
in the case of fish or any other perishable thing, orders that it be forfeited to the Crown;
(b)
where proceedings for an offence against this Act related to the thing seized are instituted within six months of its seizure and the person charged is found guilty of the offence, the court must consider the question of forfeiture and—
(i)
where the thing seized has not been forfeited by order of the Minister—
(A)
order that it be forfeited to the Crown; or
(B)
where it has been released pursuant to paragraph (a)(i), order that it be forfeited to the Crown or order that the person to whom it was released pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit; or
(C)
make no order for forfeiture; or
(ii)
where the thing seized has been forfeited by order of the Minister—
(A)
confirm the order for forfeiture; or
(B)
quash the order for forfeiture,
as the court considers appropriate in the circumstances;
(c)
where—
(i)
the thing seized has not been released pursuant to paragraph (a)(i); and
(ii)
proceedings for an offence against this Act related to the thing seized—
(A)
are not instituted within six months of its seizure; or
(B)
are instituted within six months of its seizure and the person charged is not found guilty of the offence; or
(C)
are instituted within six months of its seizure and the person charged is found guilty of the offence but either no order for forfeiture is made under paragraph (b)(i) or an order is made under paragraph (b)(ii) quashing the order for forfeiture,
the person from whom the thing was seized or any person who had legal title to it at the time of its seizure is entitled to recover, by action in any court of competent jurisdiction—
(iii)
where the thing seized has not been forfeited by order of the Minister—the thing itself, or, if it has deteriorated or been destroyed, compensation of an amount equal to its market value at the time of its seizure; or
(iv)
where the thing seized has been forfeited by order of the Minister—compensation of an amount equal to its market value at the time of its seizure or, if it has been sold, the amount realised by its sale;
(ca)
notwithstanding paragraph (c), where any fish or other perishable thing is seized in relation to an expiable offence and the offence is expiated—
(i)
the fish or other perishable thing is, if it has not already been forfeited to the Crown by order of the Minister, forfeited to the Crown by force of this paragraph; and
(ii)
whether it has been forfeited by order of the Minister or under this paragraph, no compensation may be recovered in respect of the fish or other perishable thing by any person;
(d)
where the thing seized is forfeited to the Crown under this section, it may be disposed of by sale, destruction or otherwise as the Minister directs;
(e)
any proceeds of sale under paragraph (d) and any amount recovered under an order under paragraph (b)(i)(B) must be paid into the Fisheries Research and Development Fund;
(f)
where any compensation is payable under this subsection, the money required for that purpose must be paid out of the Fisheries Research and Development Fund.
(10)
Notwithstanding subsection (9), where—
(a)
a fisheries officer finds any device for taking fish unattended and, pursuant to this section, seizes the device and any fish caught or trapped by the device; and
(b)
the owner of the device is unknown,
the following provisions apply:
(c)
the Minister may order that the fish (if any) be forfeited to the Crown, in which case the fish may be disposed of by sale, destruction or otherwise as the Minister directs and any proceeds of sale must be paid into the Fisheries Research and Development Fund; and
(d)
notice of the seizure of the device must be given in accordance with the regulations; and
(e)
if, after the expiration of one month from the giving of the notice, the owner remains unknown and the Minister determines that there is reason to believe that the device had been, was being, or was intended to be, used in contravention of this Act, the Minister may order that it be forfeited to the Crown, in which case it may be disposed of by sale, destruction or otherwise as the Minister directs and any proceeds of sale must be paid into the Fisheries Research and Development Fund.
(11)
A fisheries officer may, while acting in the exercise of powers or functions under this Act, be accompanied by any person, and, if he or she reasonably believes that it is necessary in the circumstances, request any suitable person to assist him or her in the exercise of those powers or functions.
(12)
A person, while assisting a fisheries officer in response to a request for assistance, has and may exercise all such powers of a fisheries officer as are reasonably necessary for the purpose.
(13)
A fisheries officer may, if he or she believes that it is necessary for the purpose of enforcing any of the provisions of this Act, request the person in charge of any boat or vehicle to make the boat or vehicle available for his or her use.
(14)
Where a fisheries officer makes use of a boat or vehicle pursuant to subsection (13), the Minister may pay to the person who would otherwise have been entitled to the use of the boat or vehicle at that time such compensation as the Minister considers proper for any loss incurred as a result of the boat or vehicle being made available for use by the fisheries officer.

29—False representation

A person must not, by words or conduct, falsely represent that he or she is a fisheries officer.
Penalty: Division 6 fine.

30—Protection from personal liability

(1)
A person engaged in the administration of this Act incurs no liability for an honest act or omission in the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act.
(2)
Subject to subsection (3), a liability that would, but for subsection (1), lie against the person lies instead against the Crown.
(3)
No liability lies against the Crown for any loss arising out of—
(a)
the granting of consent by the Director to the transfer of a fishery licence contrary to section 38(3)(b); or
(b)
the acceptance by the Director of the surrender of a fishery licence without the consent of a person referred to in section 61(2); or
(c)
a failure on the part of the Director to discharge duties under section 65(3), (4) or (5).

Division 4—Research and development

31—Research and development

(1)
The Minister may carry out any research, exploration, experiments, works or operations of any kind for the conservation, management or enhancement of living resources found in waters to which this Act applies or the advancement or promotion of any fishing, fish farming or fish processing activity and for that purpose make and carry out any arrangement with any other authority or person.
(2)
Insofar as any proposed research, exploration, experiments, works or operations under subsection (1) relate to the River Murray, the Minister must consult with the Minister to whom the administration of the River Murray Act 2003 is committed.

(3)
Insofar as any proposed research, exploration, experiments, works or operations under subsection (1) relate to the Adelaide Dolphin Sanctuary, the Minister must consult with and have regard to the views of the Minister for the Adelaide Dolphin Sanctuary.

32—Research and Development Fund

(1)
The Fisheries Research and Development Fund (the Fund) continues in existence.
(1a)
The Fund will continue to be kept in the Treasury.
(2)
The Fund consists of the following:
(a)
the money in the Fund immediately before the commencement of this Act; and
(b)
any charges and fees paid under this Act; and
(c)
any money required to be paid into the Fund under any other provision of this Act or under any other Act; and
(d)
any money received by way of grant, gift or bequest for the purposes of the Fund; and
(e)
any income from investment of money belonging to the Fund; and
(f)
any money appropriated by Parliament for the purposes of the Fund.
(3)
The Fund may be applied by the Minister (without further appropriation than this subsection)—
(a)
for the purpose of carrying out any research, exploration, experiments, works or operations of a kind referred to in section 31; and
(b)
in making any payment to—
(i)
the Fisheries Research and Development Corporation established under the Primary Industries and Energy Research and Development Act 1989 of the Commonwealth as amended from time to time; or
(ii)
a prescribed fishing industry body; and
(c)
in making any refund required or authorised by this Act to be made; and
(d)
in making any other payment required by any other provision of this Act or by any other Act to be made from the Fund; and
(e)
in defraying the costs of administering and enforcing this Act.
(4)
The Minister may, with the approval of the Treasurer, invest any money belonging to the Fund not immediately required for the purposes of this Act in such manner as may be approved by the Treasurer.

Part 4—Regulation of fishing etc

Division 1—Fisheries and fishing

33—Interpretation

In this Division—
licence means a fishery licence under this Division;
registration means registration of a boat by endorsement of a fishery licence, or registration of the master of a boat by endorsement of a fishery licence, under this Division.
34—Persons and boats engaged or used in fisheries to be licensed
(1)
A person must not, for the purpose of trade or business, engage in a fishing activity of a class that constitutes a fishery unless—
(a)
the person holds a licence in respect of the fishery; or
(b)
the person is acting as an agent of a person holding a licence in respect of the fishery.
Penalty:
In the case of an offence involving the taking of abalone or a fishing activity engaged in for the purpose of taking abalone—division 1 fine or division 5 imprisonment, or both;
In any other case—division 5 fine.
(2)
Subject to the regulations, a person must not, for the purpose of trade or business, use a boat, or cause, suffer or permit a boat to be used, for the purpose of engaging in a fishing activity of a class that constitutes a fishery unless—
(a)
the boat—
(i)
is registered by endorsement of a licence in respect of the fishery held by him or her or a person of whom he or she is acting as an agent; or
(ii)
is being used in the place of a boat referred to in subparagraph (i) with the consent of the Director and in accordance with the conditions (if any) of that consent; and
(b)
the boat is in the charge of a natural person who—
(i)
is registered by endorsement of the licence as the master of a boat that may be used pursuant to the licence; or
(ii)
is acting in the place of a person referred to in subparagraph (i) with the consent of the Director and in accordance with the conditions (if any) of that consent.
Penalty: Division 5 fine.

35—Applications for licences or registration

(1)
An application for a licence or registration must be made to the Director in such manner and form, contain such information and be accompanied by such papers and documents (including photographs) as are prescribed in relation to the class of licence or registration sought.
(2)
An applicant for a licence or registration must, if the Director so requires—
(a)
furnish the Director with such further information, papers or documents as the Director specifies; and
(b)
verify by statutory declaration any information furnished for the purposes of the application.
(3)
An applicant for a licence or registration must at the time of making the application pay to the Director such application fee (if any) as may be prescribed.

36—Grant of licences or registration

(1)
Subject to this Act, an application—
(a)
for a licence shall be determined by the Director subject to and in accordance with the provisions of the scheme of management prescribed for the fishery;
(b)
for registration of a boat must not be granted by the Director unless he or she is satisfied—
(i)
that the applicant is the holder of a licence that is in force; and
(ii)
as to the matters prescribed by the scheme of management for the fishery;
(c)
for registration of a person as the master of a boat must not be granted by the Director unless he or she is satisfied—
(i)
that the applicant is the holder of a licence that is in force; and
(ii)
that a boat is registered in the name of the applicant by endorsement of the licence; and
(iii)
that the person nominated as the proposed master is a fit and proper person to be master of the boat; and
(iv)
that no person other than the person nominated as the proposed master is registered as the master of the boat.
(2)
Notwithstanding the provisions of subsection (1)(c), where the scheme of management prescribed for the fishery provides that only the holder of a licence in respect of the fishery may be registered as the master of a boat used pursuant to the licence, the person nominated as the proposed master must be the holder of the licence.
(2a)
If an application for a licence is within a class prescribed by the regulations for the purposes of this provision (which class may be prescribed so as to consist of applications for all licences), the Director must, before making his or her decision on the application, consult the Minister to whom the administration of the River Murray Act 2003 is committed.
(3)
A licence or registration must not be granted by the Director except upon payment of the licence or registration fee, or, upon payment, in accordance with the regulations, of an instalment of the licence or registration fee, prescribed under this Act.
(4)
The Director must, upon granting an application for registration, effect the registration by an endorsement of the licence in relation to which the registration was granted.
(5)
The Director may, upon application in the prescribed manner and form by the holder of the licence on which any registration is endorsed, revoke the registration.

37—Conditions of licences

(1)
Subject to subsection (2a), the Director may upon granting a licence, or at any other time, impose a condition of the licence, being a condition—
(a)
directed towards conserving, enhancing or managing the living resources to which the fishery relates; or
(b)
related to any other matter prescribed by the scheme of management for the fishery.
(1a)
The Director may impose a condition of a licence notwithstanding that the effect of the condition is to prevent for a specified period—
(a)
the taking of one or more species of fish that could otherwise be lawfully taken pursuant to the licence; or
(b)
the use of any device or equipment that could otherwise be lawfully used to take fish pursuant to the licence.
(2)
Subject to subsection (2a), the Director may, at any time, revoke or vary a condition of a licence.
(2a)
The Director must not—
(a)
impose a condition that has the effect described in subsection (1a)(a) or (b); or
(b)
vary a condition so that it has that effect,
except with the approval of the Minister.
(2b)
Before giving his or her approval under subsection (2a), the Minister must—
(a)
give the holder of the licence and the prescribed fishing industry body notice in writing setting out the condition to be imposed or the manner in which a condition is to be varied, as the case may be, and the reasons for the proposed action; and
(b)
not later than 14 days after giving notice, consult or use his or her best endeavours to consult with the holder of the licence and the prescribed fishing industry body in relation to the matter.
(2c)
In subsection (2b)—
prescribed fishing industry body means—
(a)
the South Australian Fishing Industry Council; or
(b)
if the Council ceases to exist, such fishing industry body as is prescribed by regulation for the purposes of this definition.
(3)
The conditions of a licence must be endorsed on the licence.
(4)
The holder of a licence must not contravene, or fail to comply with, a condition of the licence.
Penalty:
In the case of a contravention or failure to comply with a condition relating to the taking of abalone—division 1 fine or division 5 imprisonment, or both;
In any other case:
for a first offence—division 6 fine;
for a second or subsequent offence—division 5 fine.

38—Transfer of licences

(1)
Subject to this section, a licence is not transferable.
(2)
Where the scheme of management prescribed for a fishery provides that licences, or a class of licences, in respect of the fishery are transferable, a licence in respect of the fishery, or a licence of the class prescribed, may be transferred with the consent of the Director.
(3)
The Director cannot consent to the transfer of a licence unless—
(a)
the Director is satisfied as to the matters prescribed by the scheme of management; and
(b)
where the register of licences includes a notation made pursuant to section 65 that a specified person has an interest in the licence—that person consents to the transfer.
(4)
Where a licence is transferable, the registration of a boat effected by endorsement of the licence, may also be transferred.
(5)
Where—
(a)
a licence is transferable; and
(b)
the holder of the licence dies,
the licence vests in the personal representative of the deceased (whether the personal representative is a natural person or body corporate) as part of the estate of the deceased but cannot be transferred by him or her in the course of the administration of the estate except with the consent of the Director.
(6)
If a deceased licence holder was immediately before death registered as the master of a boat that may be used pursuant to the licence—
(a)
such a boat may, while the licence remains vested in the personal representative of the deceased, continue to be used for the purpose of engaging in fishing activities pursuant to the licence if it is in the charge of a person who is acting with the consent of the Director and in accordance with the conditions of that consent; and
(b)
a person so acting will be taken to be acting pursuant to section 34(2)(b)(ii).
(7)
A licence that vests in the personal representative of a deceased licence holder is, if it is not transferred (with the consent of the Director) within two years after the death of the licence holder or such further period as may be approved by the Minister, suspended pending such transfer.
(8)
In this section—
personal representative means—
(a)
the executor of the will or administrator of the estate of the deceased licence holder; or
(b)
in relation to any period for which there is not an executor or administrator, the Public Trustee.

39—Licences and registration run together

(1)
A licence and any registration effected by endorsement of the licence will, subject to this Act, remain in force until the expiration of the term prescribed for licences in respect of the fishery.
(2)
Where—
(a)
a licence is cancelled or surrendered under this Act, any registration endorsed on the licence will be taken to have been cancelled or surrendered; or
(b)
a licence is suspended under this Act for any period, any registration endorsed on the licence will be taken to have been suspended for the same period.
40—Licences to be carried during the course of fishing activities etc
(1)
The holder of a licence (being a natural person) must carry the licence with him or her at all times when he or she is engaging in any fishing activity pursuant to the licence.
Penalty: Division 8 fine.
Expiation fee: Division 11 fee.
(2)
Where a registered boat is being used upon any waters for any purpose, the person in charge of the boat must carry with him or her the licence pursuant to which the boat may be used for the purpose of taking fish.
Penalty: Division 8 fine.
Expiation fee: Division 11 fee.
41—Offence of engaging in certain fishing activities
A person must not engage in a fishing activity of a prescribed class.
Penalty:
For a first offence—division 7 fine;
for a second offence—division 6 fine;
for a subsequent offence—division 5 fine.
Expiation fee: A fee determined in accordance with the regulations.
41A—Offence of killing, injuring etc a marine mammal
(1)
A person must not—
(a)
kill, injure or molest, or cause or permit the killing, injuring or molestation of, a marine mammal; or
(b)
take, sell or purchase or have in his or her possession or control a marine mammal or the body or part of the body of a marine mammal.
Penalty: $100 000 or imprisonment for 2 years.
(2)
In proceedings for an offence against subsection (1), it is a defence if the defendant proves—
(a)
that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or
(b)
that the act alleged to constitute the offence was authorised by or under some other Act or law.

42—Offence of taking protected fish

A person must not take a fish of a class declared by regulation to be protected.
Penalty:
For a first offence—division 6 fine;
for a subsequent offence—division 5 fine.
Expiation fee: Division 7 fee.
43—Temporary prohibition of certain fishing activities
(1)
The Minister may, by notice published in the Gazette—
(a)
declare that it is unlawful for a person to engage in a fishing activity of a specified class during a specified period; and
(b)
vary or revoke such a declaration.
(1a)
The Minister must, on the request of the Minister to whom the administration of the River Murray Act 2003 has been committed, make a declaration under subsection (1), or vary or revoke such a declaration, in relation to a fishing activity undertaken in respect of the River Murray.
(1b)
The Minister must, on the request of the Minister for the Adelaide Dolphin Sanctuary, make a declaration under subsection (1), or vary or revoke such a declaration, in relation to a fishing activity undertaken in respect of the Adelaide Dolphin Sanctuary.
(2)
Where, in the opinion of the Minister, it is necessary to take urgent action to safeguard public health or protect living resources of the waters to which this Act applies, the Minister, or a fisheries officer authorised by the Minister, may—
(a)
direct any person or any persons of a specified class to not engage in a fishing activity of a specified class during a specified period;
(b)
vary or revoke such a direction.
(3)
A direction or authorisation under subsection (2) must be given in written form unless the Minister or fisheries officer considers that impracticable by reason of the urgency of the situation, in which case it may be given orally.
(4)
Where an authorisation is given under subsection (2), written notice of the authorisation must be given to the person to whom it relates as soon as practicable.
(5)
Where a direction is given under subsection (2), notice of the direction must be published in the Gazette as soon as practicable.
(6)
A person must not engage in a fishing activity in contravention of a declaration or direction under this section.
Penalty:
For a first offence—division 7 fine;
for a second offence—division 6 fine;
for a subsequent offence—division 5 fine.
44—Offences with respect to sale, purchase or possession of fish
(1)
Subject to this section, if a person sells or purchases fish taken in waters to which this Act applies but not pursuant to a licence, the person is guilty of an offence.
Penalty:
For an offence involving the sale or purchase of abalone—division 1 fine or division 5 imprisonment, or both;
In any other case—division 5 fine.
(2)
Subject to this section, if a person sells or purchases, or has possession or control of—
(a)
fish taken in contravention of this Act or a corresponding law; or
(ab)
fish of a class declared to be protected for the purposes of section 42; or
(b)
fish of a prescribed class,
the person is guilty of an offence.
Penalty:
For an offence involving the sale or purchase of abalone or the possession or control of abalone for the purposes of sale—division 1 fine or division 5 imprisonment, or both;
In any other case—division 5 fine.
(2aa)
In proceedings for an offence against subsection (2), if it is proved that a person had more than the prescribed quantity of abalone in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that abalone in his or her possession or control for the purposes of sale.
(2a)
Regulations made for the purposes of subsection (2)(b) may prescribe a class of fish comprised of or including fish taken elsewhere than in waters to which this Act applies.
(3)
In proceedings for an offence against subsection (1) or (2), it is a defence if the defendant proves—
(a)
—
(i)
that the fish to which the proceedings relate—
(A)
were purchased from a person whose ordinary business was the selling of such fish; and
(B)
were purchased in the ordinary course of that business; or
(ii)
that the defendant did not take the fish in contravention of this Act or a corresponding law; and
(b)
that the defendant did not know, and had no reason to believe, that the fish were, as the case may be—
(i)
fish taken in waters to which this Act applies but not pursuant to a licence; or
(ii)
fish taken in contravention of this Act or a corresponding law; or
(iii)
fish of a class declared to be protected for the purposes of section 42; or
(iv)
fish of a prescribed class.
(4)
In proceedings for an offence against subsection (2)(a) relating to fish of a class prescribed for the purposes of this subsection, if it is proved—
(a)
that the defendant was not—
(i)
the holder of a licence authorising the taking of fish of that class; or
(ii)
a registered fish processor; and
(b)
that the defendant sold or purchased or had possession or control of more than the prescribed quantity of fish of that class,
the offence is proved unless the defendant establishes the defence under subsection (3).
(5)
In this section—
corresponding law means a law of the Commonwealth or another State or a Territory of the Commonwealth that corresponds to this Act.

45—Interference with lawful fishing activities

(1)
A person must not, without reasonable excuse—
(a)
obstruct or interfere with a lawful fishing activity; or
(b)
interfere with fish taken in the course of any lawful fishing activity.
Penalty: Division 7 fine.
Expiation fee: Division 9 fee.
(2)
Where a person is obstructing or interfering with a lawful fishing activity in contravention of subsection (1), the person must, at the request of a person engaged in the lawful fishing activity, cease or discontinue the obstructive conduct or interference or remove the obstruction.
Penalty: Division 7 fine.
Expiation fee: Division 9 fee.
(3)
A court convicting a person of an offence against this section may, whether or not a penalty is imposed, order the person convicted to pay to any person affected by the commission of the offence such compensation as the court considers proper for loss or damage suffered by that person as a result of the commission of the offence.

46—Regulations relating to fisheries and fishing

The Governor may make regulations for the conservation, enhancement and management of the living resources of the waters to which this Act applies, the regulation of fishing and the protection of certain fish, and, without limiting the generality of the foregoing, may by such regulations—
(a)
declare that any prescribed class of fishing activities constitutes a fishery;
(b)
prescribe a scheme of management for a fishery and for that purpose (without limiting the matters which may be provided for in the scheme)—

27.4.1995
s 23(4)—(6), (8) and (9)	amended by 76/1991 Sch	19.12.1991
s 24	amended by 76/1991 Sch	19.12.1991
s 25	substituted by 76/1991 s 6	19.12.1991
s 26
s 26(1)	amended by 76/1991 Sch	19.12.1991
s 26(1a)	inserted by 76/1991 s 7	19.12.1991
s 26(3)	amended by 76/1991 Sch	19.12.1991
s 27
s 27(1)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 27(2)	amended by 76/1991 Sch	19.12.1991
s 27(3)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 28
s 28(1)	amended by 76/1991 Sch	19.12.1991
amended by 28/1995 s 5(a)	27.4.1995
s 28(2)	amended by 76/1991 Sch	19.12.1991
substituted by 28/1995 s 5(b)	27.4.1995
s 28(2a) and (2b)	inserted by 28/1995 s 5(b)	27.4.1995
s 28(4)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 28/1995 s 5(c)	27.4.1995
s 28(5)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 28(5a)	inserted by 28/1995 s 5(d)	27.4.1995
s 28(6)	amended by 76/1991 Sch	19.12.1991
amended by 28/1995 s 5(e)	27.4.1995
s 28(7)	amended by 76/1991 Sch	19.12.1991
s 28(8)	amended by 92/1988 Sch	15.12.1988
substituted by 76/1991 Sch	19.12.1991
s 28(9)	amended by 122/1986 s 3	18.12.1986
amended by 92/1988 s 5	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16) as inserted by 59/1997 s 16(a)	1.3.1998
s 28(10)—(12)	amended by 76/1991 Sch	19.12.1991
s 28(13)	amended by 76/1991 s 8(a), Sch	19.12.1991
s 28(14)	amended by 76/1991 s 8(b), Sch	19.12.1991
s 29	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 30	substituted by 76/1991 s 9	25.6.1992
s 31
s 31(1)	s 31 redesignated as s 31(1) by 35/2003 Sch cl 7(c)	24.11.2003
s 31(2)	inserted by 35/2003 Sch cl 7(c)	24.11.2003
s 31(3)	inserted by 5/2005 Sch 2 (cl 20)	1.7.2005
s 32
s 32(1)	substituted by 76/1991 Sch	19.12.1991
s 32(1a)	inserted by 76/1991 Sch	19.12.1991
s 32(2)	amended by 7/1987 Sch	9.4.1987
amended by 76/1991 Sch	19.12.1991
s 32(3)	amended by 7/1987 Sch	9.4.1987
amended by 89/1993 s 2	4.11.1993
Pt 4
Pt 4 Div 1
s 32
s 32(4)	amended by 76/1991 Sch	19.12.1991
s 34
s 34(1)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 31/1993 s 16	10.6.1993
s 34(2)	amended by 92/1988 s 6(a), Sch	15.12.1988
amended by 76/1991 s 10, Sch	19.12.1991
s 34(3)	deleted by 92/1988 s 6(b)	15.12.1988
s 35
s 35(2)	amended by 76/1991 Sch	19.12.1991
s 36
s 36(1)	amended by 76/1991 s 11, Sch	19.12.1991
s 36(2a)	inserted by 35/2003 Sch cl 7(d)	24.11.2004
s 36(3) and (4)	amended by 76/1991 Sch	19.12.1991
s 37
s 37(1)	amended by 76/1991 s 12(a)	19.12.1991
s 37(1a)	inserted by 76/1991 s 12(b)	19.12.1991
s 37(2)	amended by 76/1991 s 12(c)	19.12.1991
s 37(2a)—(2c)	inserted by 76/1991 s 12(d)	19.12.1991
s 37(3)	amended by 76/1991 Sch	19.12.1991
s 37(4)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 31/1993 s 17	10.6.1993
s 38
s 38(1)	amended by 76/1991 Sch	19.12.1991
s 38(3)	substituted by 76/1991 s 13	25.6.1992
s 38(5)—(7)	inserted by 20/1984 s 4	1.7.1984
amended by 76/1991 Sch	19.12.1991
s 38(8)	inserted by 20/1984 s 4	1.7.1984
s 39	amended by 76/1991 Sch	19.12.1991
s 40
s 40(1) and (2)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 41	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16) as inserted by 59/1997 s 16(b)	1.3.1998
s 41A	inserted by 31/1993 s 18	10.6.1993
s 41A(1)	amended by 5/2005 Sch 2 (cl 21)	4.6.2005
s 42	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16) as inserted by 59/1997 s 16(b)	1.3.1998
s 43
s 43(1)	substituted by 20/1984 s 5(a)	1.7.1984
substituted by 122/1986 s 4	18.12.1986
s 43(1a)	inserted by 35/2003 Sch cl 7(e)	24.11.2003
s 43(1b)	inserted by 5/2005 Sch 2 (cl 22)	1.7.2005
s 43(2)	substituted by 20/1984 s 5(a)	1.7.1984
deleted by 122/1986 s 4	18.12.1986
inserted by 76/1991 s 14	19.12.1991
s 43(2a)	inserted by 20/1984 s 5(a)	1.7.1984
deleted by 122/1986 s 4	18.12.1986
s 43(3)	amended by 20/1984 s 5(b)	1.7.1984
amended by 92/1988 Sch	15.12.1988
substituted by 76/1991 s 14	19.12.1991
s 43(4)—(6)	inserted by 76/1991 s 14	19.12.1991
s 44	substituted by 92/1988 s 7	15.12.1988
s 44(1)	amended by 31/1993 s 19(a)	10.6.1993
s 44(2)	amended by 76/1991 s 15(a)	19.12.1991
amended by 31/1993 s 19(b)	10.6.1993
amended by 10/2002 s 3(a)	1.7.2003
s 44(2aa)	inserted by 28/1995 s 6	27.4.1995
s 44(2a)	inserted by 76/1991 s 15(b)	19.12.1991
s 44(3)	substituted by 76/1991 s 15(c)	19.12.1991
amended by 10/2002 s 3(b), (c)	1.7.2003
s 44(4)	amended by 76/1991 s 15(d)	19.12.1991
s 44(5)	inserted by 10/2002 s 3(d)	1.7.2003
s 45
s 45(1) and (2)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 46	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 s 16(a), (b), Sch	19.12.1991
amended by 76/1991 s 16(c)	25.6.1992
amended by 31/1993 s 20	10.6.1993
amended by 89/1993 s 3	4.11.1993
Pt 4 Div 2
s 47
s 47(2) and (3)	amended by 76/1991 Sch	19.12.1991
s 48	amended by 33/1984 s 3	1.7.1984
amended by 122/1986 s 5	18.12.1986
amended by 92/1988 s 8, Sch	15.12.1988
substituted by 76/1991 s 17	19.12.1991
ss 48A and 48B	inserted by 76/1991 s 17	19.12.1991
s 48C
s 48C(1) and (2)	inserted by 76/1991 s 17	19.12.1991
amended by 28/1995 s 7	27.4.1995
ss 48D and 48E	inserted by 76/1991 s 17	19.12.1991
s 48F	inserted by 76/1991 s 17	19.12.1991
s 48F(1)	amended by 11/2000 Sch 2	4.5.2002
s 48G	inserted by 76/1991 s 17	19.12.1991
s 48G(1), (2) and (8)	amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 48H	inserted by 76/1991 s 17	19.12.1991
Pt 4 Div 3	heading amended by 66/2001 Sch cl 2(e)	1.7.2002
s 49
s 49(1)	substituted by 122/1986 s 6(a)	18.12.1986
amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 49(1a)	inserted by 122/1986 s 6(a)	18.12.1986
s 49(2) and (3)	deleted by 122/1986 s 6(a)	18.12.1986
s 49(4) and (5)	amended by 76/1991 Sch	19.12.1991
s 49(6)	amended by 122/1986 s 6(b)	18.12.1986
amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 50
s 50(1)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 50(2a)	inserted by 35/2003 Sch cl 7(f)	24.11.2003
s 50(2b)	inserted by 5/2005 Sch 2 (cl 23)	1.7.2005
s 50(3)	amended by 76/1991 Sch	19.12.1991
s 50(4)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 50A	inserted by 28/1995 s 8	27.4.1995
deleted by 66/2001 Sch cl 2(f)	1.7.2002
s 51	amended by 92/1988 Sch	15.12.1988
substituted by 76/1991 s 18	uncommenced—not incorporated
amended by 66/2001 Sch cl 2(g)	1.7.2002
(a) deleted by 66/2001 Sch cl 2(h)	1.7.2002
(c) deleted by 66/2001 Sch cl 2(i)	1.7.2002
s 51A	inserted by 76/1991	uncommenced—not incorporated
Pt 4 Div 4	amended by 76/1991 Sch	19.12.1991
amended by 28/1995 s 9	27.4.1995
amended by 97/1996 s 2	19.12.1996
deleted by 66/2001 Sch cl 2(j)	1.7.2002
Pt 4 Div 5
s 54
s 54(1)	amended by 92/1988 s 9(a), Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 54(2)	amended by 92/1988 s 9(b), Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 54(3)	amended by 92/1988 s 9(c)	15.12.1988
s 54(4)	amended by 76/1991 Sch	19.12.1991
s 54(5)	amended by 92/1988 s 9(d)	15.12.1988
s 54(6)	amended by 92/1988 s 9(e), Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 54(7)—(13)	inserted by 76/1991 s 19	19.12.1991
s 55
s 55(1)	s 55 amended by 92/1988 s 10, Sch	15.12.1988
s 55 amended by 76/1991 s 20(a)	25.6.1992
s 55 amended by 76/1991 s 20(b), (c)	19.12.1991
s 55 amended and redesignated as s 55(1) by 31/1993 s 21	10.6.1993
s 55(2)	inserted by 31/1993 s 21(d)	10.6.1993
Pt 4 Div 6
s 56
s 56(1)	amended by 76/1991 s 21(a)	19.12.1991
s 56(2)	amended by 76/1991 Sch	19.12.1991
amended by 31/1993 s 22(a)	10.6.1993
s 56(3)	amended by 76/1991 s 21(b), Sch	19.12.1991
amended by 31/1993 s 22(b)	10.6.1993
s 56(4)	amended by 76/1991 Sch	19.12.1991
amended by 31/1993 s 22(c), (d)	10.6.1993
s 56(5)—(9)	amended by 76/1991 Sch	19.12.1991
s 56(10)	amended by 92/1988 s 11	15.12.1988
amended by 31/1993 s 22(e), (f)	10.6.1993
s 57
s 57(1) and (3)	amended by 76/1991 Sch	19.12.1991
Pt 4 Div 7
s 58
s 58(1)	amended by 76/1991 s 22	19.12.1991
amended by 31/1993 s 23(a), (b)	10.6.1993
amended by 4/2000 s 9(1) (Sch 1 cl 14(a))	1.6.2000
s 58(2)	amended by 31/1993 s 23(c)	10.6.1993
substituted by 4/2000 s 9(1) (Sch 1 cl 14(b))	1.6.2000
s 58(3)	amended by 31/1993 s 23(d)	10.6.1993
amended by 28/1995 s 10	27.4.1995
deleted by 4/2000 s 9(1) (Sch 1 cl 14(c))	1.6.2000
s 58(4)	deleted by 31/1993 s 23(e)	10.6.1993
s 58(5)	amended by 76/1991 Sch	19.12.1991
s 58(6)	amended by 76/1991 Sch	19.12.1991
amended by 4/2000 s 9(1) (Sch 1 cl 14(d))	1.6.2000
s 58(7)	amended by 31/1993 s 23(f)	10.6.1993
deleted by 4/2000 s 9(1) (Sch 1 cl 14(e))	1.6.2000
s 58(8)	amended by 31/1993 s 23(g)	10.6.1993
deleted by 4/2000 s 9(1) (Sch 1 cl 14(f))	1.6.2000
s 58(9)	amended by 76/1991 Sch	19.12.1991
amended by 31/1993 s 23(h)	10.6.1993
amended by 4/2000 s 9(1) (Sch 1 cl 14(g))	1.6.2000
Pt 4 Div 8	inserted by 92/1988 s 12	15.12.1988
deleted by 34/1996 s 4 (Sch cl 16)	1.3.1998
Pt 5
s 59
s 59(2)	amended by 35/2003 Sch cl 7(g)	24.11.2004
s 59(3)	amended by 76/1991 Sch	19.12.1991
s 59(3a)	inserted by 35/2003 Sch cl 7(h)	24.11.2004
s 59(3b)	inserted by 5/2005 Sch 2 (cl 24)	1.7.2005
s 59(4)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 60
s 60(1)	amended by 76/1991 Sch	19.12.1991
s 60(2)	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
amended by 34/1996 s 4 (Sch cl 16)	1.3.1998
s 60(3)	amended by 76/1991 Sch	19.12.1991
s 61	substituted by 76/1991 s 23	25.6.1992
s 62	amended by 76/1991 Sch	19.12.1991
s 63	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 64
s 64(2) and (3)	amended by 76/1991 Sch	19.12.1991
s 65
s 65(1) and (2)	amended by 76/1991 Sch	19.12.1991
s 65(3)—(5)	inserted by 76/1991 s 24	25.6.1992
s 66
s 66(1)	s 66 amended by 92/1988 Sch	15.12.1988
s 66 amended and redesignated as s 66(1) by 76/1991 s 25, Sch	19.12.1991
amended by 28/1995 s 11	27.4.1995
s 66(2)	inserted by 76/1991 s 25	19.12.1991
s 66A	inserted by 76/1991 s 26	19.12.1991
s 67
s 67(1)	amended by 76/1991 Sch	19.12.1991
amended by 28/1995 s 12	27.4.1995
s 67(2)—(10)	amended by 76/1991 Sch	19.12.1991
s 68	amended by 92/1988 Sch	15.12.1988
amended by 76/1991 Sch	19.12.1991
s 69
s 69(1)—(3)	amended by 76/1991 Sch	19.12.1991
s 69(4)	inserted by 31/1993 s 24	10.6.1993
substituted by 28/1995 s 13	27.4.1995
s 70
s 70(1)	substituted by 76/1991 Sch	19.12.1991
s 70(2)	substituted by 28/1995 s 14	27.4.1995
s 71
s 71(1)	amended by 76/1991 Sch	19.12.1991
s 72
s 72(1a)	inserted by 28/1995 s 15	27.4.1995
s 72(2)	amended by 92/1988 s 13	15.12.1988
amended by 34/1996 s 4 (Sch cl 16) as amended by 59/1997 s 16(c)	1.3.1998

Historical versions

Reprint No 1—1.7.1991

Reprint No 2—19.12.1991

Reprint No 3—25.6.1992

Reprint No 4—10.6.1993

Reprint No 5—4.11.1993

Reprint No 6—6.5.1995

Reprint No 7—19.12.1996

Reprint No 8—1.3.1998

Reprint No 9—1.6.2000

Reprint No 10—4.5.2002

Reprint No 11—1.7.2002

Reprint No 12—1.7.2003

Reprint No 13—24.11.2003

4.6.2005

Appendix—Divisional penalties and expiation fees

At the date of publication of this version divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows:

Division	Maximum imprisonment	Maximum fine	Expiation fee
1	15 years	$60 000	—
2	10 years	$40 000	—
3	7 years	$30 000	—
4	4 years	$15 000	—
5	2 years	$8 000	—
6	1 year	$4 000	$300
7	6 months	$2 000	$200
8	3 months	$1 000	$150
9	–	$500	$100
10	–	$200	$75
11	–	$100	$50
12	–	$50	$25

Note: This appendix is provided for convenience of reference only.