Fisheries Act Amendment Act 1974 (Qld)

924 ANNO VICESIMO TERTIO ELIZABETHAE SE&UNDAE REGINAE No. 85 of 1974 An Act to amend The Fisheries Acts 1957 to 1962 in certain particulars [ASSENTED TO 1ST NOVEMBER, 1974] 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 Fisheries Act Amendment Act 1974. (2) The Fisheries Act of 1957 as subsequently amended 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 1957-1974. 2. Amendment of s. 6 . Section 6 of the Principal Act is amended by, in subsection (1), inserting after the definition " Treating whales " the following definition:- .4 '. vehicle " includes any aircraft, caravan or trailer; ". 3. New s. 80A. The Principal Act is amended by inserting after section 80 the following section:- " 80A. Processors ' licenses. (1) A person shall not process fish for sale unless he is the holder of a processor's license. Penalty: $1000. (2) The Minister may from time to time grant processors' licenses.

Fisheries Act Amendment Act 1974, No. 85 925 (3) An application for a license under this section- (a) shall be made to the Chief Inspector of Fisheries; (b) shall be in the prescribed form; (c) shall contain the prescribed particulars; (d) shall be accompanied by the prescribed fee. (4) The Minister shall consider each application and may grant or refuse it. (5) When an application is granted , the Minister shall issue in respect thereof a processor's license. (6) A license under this section- (a) shall be in the prescribed form; (b) shall authorize the holder thereof to process fish for sale subject always to this Act and the license; (c) shall contain the prescribed particulars; (d) shall not be transferable; (e) shall be in force for a period of up to but not exceeding 12 months from the date of its grant or such longer period as the Governor in Council in a particular case approves; (f) shall be subject to such terms , conditions or restrictions as are prescribed or so far as not prescribed as the Governor in Council or, as the case may be, Minister determines. The Governor in Council may, if he thinks fit in any particular case, approve the grant of a license under this section for a term exceeding 12 months and a license so granted shall be subject to such further terms, conditions or restrictions as the Governor in Council determines. (7) The Governor in Council or, as the case may be, Minister may from time to time vary the terms , conditions or restrictions to which a license is for the time being subject. Written notice of any variation so made shall be given to the holder of the license and the terms , conditions or restrictions as so varied shall be for the time being the terms , conditions or restrictions applicable to the license. (8) For the purposes of this section- (a) the term " fish " includes a part of a fish; (b) the term " process fish for sale " means perform the work of cutting up, dismembering , cleaning, sorting, chilling , freezing , preserving , storing or packing fish for sale and includes transporting or preparing for transport fish subjected to any such work for the purpose of its being subjected to further such work to prepare it for sale but does not include the performance of such work- (i) at a retail premises with respect to fish for sale by retail from those premises; (ii) on a vessel that was used to take the fish, with respect only to the fish so taken.".

926 Fisheries Act Amendment Act 1974, No. 85 4. Amendment of s. 104 . Section 104 of the Principal Act is amended by, in subsection (1), (a) in subparagraph (ii) of the second paragraph, inserting after the words " such applications; " the words " prescribing the qualifications entitling persons to apply for and hold, and prohibiting persons not qualified as prescribed from applying for, obtaining or holding, such licenses, permits, certificates or other authorities and prescribing circumstances in which exemption from such prohibition may be granted and all matters and things with respect to exemptions;"; (b) inserting after subparagraph (ii) of the second paragraph the following subparagraph:- " (iia) prescribing, regulating and controlling the processing of fish (or a part of a fish) for sale and the species of fish to be processed; ". By Authority : S. G. REID, Government Printer, Brisbane-'1975