Fisheries Act Amendment Act 1981 (Qld)

1010 Qunns laxt ANNO TRICESIMO ELIZABETHAE SECUNDAE REGINAE No. 98 of 1981 An Act to amend the Fisheries Act 197 6 to enable arrangements with respect to the management of certain fisheries to be entered into between and given effect to by the Commonwealth and the State and for certain other purposes [ASSENTED TO I ITH D ECEMBER, 1981]

Fisheries Act Amendment Act 1981, No. 98 1011 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:- PART I-PRELIMINARY 1. Short title and citation . (1) This Act may be cited as the Fisheries Act Amendment Act 1981. (2) The Fisheries Act 1976 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 Act1976-1981. 2. Commencement . (1) The provisions contained in Part I and Part II of this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The provisions contained in Part III of this Act shall commence on the date on which Part IVA of the Fisheries Act1952 of the Common- wealth, as amended by subsequent Acts of the Commonwealth, comes into operation. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART 11-AMENDMENTS TO FISHERIES PROVISIONS GENERALLY: PART III-COMMONWEALTH-STATE MANAGEMENT OF FISHERIES. PART 11-AMENDMENTS TO FISHERIES PROVISIONS GENERALLY. 4. Amendment of s. 3. Arrangement . Section 3 of the Principal Act is amended by inserting after the words and expressions " PART VI- CORAL, CORAL LIMESTONE AND THE LIKE, ss. 35-36:" the words and expressions " PART VIA-COMMONWEALTH-STATE MANAGEMENT OF FISHERIES, ss . 36A-36N;". 5. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by in subsection (1)- (a) inserting after the definition " commercial purpose " the following definitions:- " coommmmuunnitiyty " means the inhabitants of a reserve being land reserved or set apart by the Governor in Council under the provisions of law relating to Crown lands for the benefit of Aborigines or Torres Strait Islanders; " community fisherman " means a person licensed under this Act as a community fisherman; community fishing vessel " means a fishing vessel licensed under this Act as a community fishing vessel;";

1012 Fisheries Act Amendment Act 1981, No. 98 (b) omitting the definition of the term "Deputy Director" and substituting the following definition:- " " Deputy Director " means the Deputy Director (Fisheries), Division of Dairying and Fisheries and includes a person for the time being performing the duties of the Deputy Director;"; (c) omitting the definition of the term " Director " and substituting the following definition:- " Director " means the Director, Division of Dairying and Fisheries and includes a person for the time being performing the duties of the Director;"; (d) omitting the definition " Minister " and inserting the following definition:- " MMinisteerr " means the Minister of the Crown for the time being charged with the administration of this Act and includes any person who is temporarily performing the duties of the Minister;"; (e) in the definition " take " inserting after the word " ashore " the words ", land (either from a vessel or otherwise)". 6. Amendment of s. 7. Fisheries Research Fund . Section 7 of the Principal Act is amended by- (a) in subsection (2) in paragraph (a) omitting the words " a proportion of all fees and charges" and substituting the words "either a proportion or otherwise of all fees and charges as may be determined either generally or in any particular case "; (b) in subsection (3) after the word " research " omitting the words with respect to fishing activities " and substituting the expressions and words ", the training of persons, the dissemination of information or the publication of material with respect to fishing activities, or for any other purpose with respect to fishing activities approved by the Minister ". 7. Amendment of s. 12 . Fish and marine products protected on account of size. Third Schedule. Section 12 of the Principal Act is amended by- (a) omitting from the note in and at the commencement of the section the words and expression " Third Schedule."; (b) designating the first and second paragraphs as subsections (1) and (2) respectively; (c) inserting at the end of the subsection (2) as so designated the following subsections:- .. " (3) Notwithstanding the provisions of subsection (1), fish of the species Lates calcarifer (Barramundi) shall be throughout the State protected fish when those fish have attained a measurement of size exceeding the size prescribed by the Governor in Council by Order in Council.

Fisheries Act Amendment Act 1981, No. 98 1013 (4) For the purposes of subsection (3), the method of determination of the measurement of size of fish of the species Lates calcarifer (Barramundi) shall be taken to be that specified in Part II of the Third Schedule.". 8. Amendment of s. 15. Appointment of officers and honorary rangers. Section 15 of the Principal Act is amended by in subsection (1) omitting the words " a Director and a Deputy Director of the Queensland Fisheries Service and ". 9. Amendment of s. 17. Power of delegation . Section 17 of the Principal Act is amended by inserting after subsection (5) the following subsections:- " (6) The provisions of this section do not apply with respect to any power or function under Part VIA of this Act. (7) Without any further or other authority than the provisions of this subsection the Director or any inspector- (a) shall perform any duties or functions required to be performed by him; and (b) may exercise any powers and perform any functions that are conferred upon him or delegated to him, by or under the provisions of any Commonwealth Act relating to a fishery to which an arrangement applies under Part VIA.". 10. Amendment of s. 18 . Powers of Inspector . Section 18 of the Principal Act is amended by inserting after paragraph (o) the following paragraph:- " (oa) may by order in writing, require a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which non-compliance has occurred;". 11. Amendment of s. 22. Licensing of persons and vessels for fishing. Section 22 of the Principal Act is amended by- - (a) in subsection (1)- (i) at the end of paragraph (b) omitting the expression " . " and substituting the expression": ": and (ii) inserting after paragraph (b) the following paragraph:- "(c) community fisherman's licence."; (b) in subsection (2) inserting after the word " licence " the words " or a community fishing vessel licence, as the case may be "; (c) in subsection (3)- (i) omitting at the end of paragraph (c) the expression " . " and inserting the expression " : "; (ii) inserting after paragraph (c) the following words and expression:- Provided that the Minister may refuse to issue a licence if any prescribed condition precedent to the issue of that licence has not been complied with.".

1014 Fisheries Act Amendment Act 1981, No. 98 12. Amendment of s. 23. Offences . Section 23 of the Principal Act is amended by- (a) omitting all words and expressions in the first paragraph from and including the words "A person " to and including the words and expression " licensed as a commercial fishing vessel." and substituting the following words and expressions:- " A person- (a) shall not take fish for a commercial purpose unless he is the holder of a master fisherman's licence, a community fisherman's licence or, while in the company and under the direction of a master fisherman or of a community fisherman, he is the holder of an assistant fisherman's licence: (b) shall not sell fish taken by him unless he is the holder of a master fisherman's licence or a community fisherman's licence: (c) shall not use, employ or have in charge a fishing vessel to take fish for a commercial purpose unless that vessel is licensed as a commercial fishing vessel or a community fishing vessel and the fish are taken by a master fisherman, community fisherman or assistant fisherman in the company or under the direction of a master fisherman or of a community fisherman: (d) being the owner, master fisherman or community fisherman in charge of a commercial fishing vessel or a community fishing vessel, as the case may be, shall not permit on board that vessel while it is being used to take fish for a commercial purpose any person who is not the holder of a master fisherman's licence, a community fisherman's licence or an assistant fisherman's licence, save a person authorized by the Minister or the spouse or a child of the owner, master fisherman or community fisherman in charge where that spouse or child does not while on board that vessel take or assist in taking fish for a commercial purpose; (e) shall not have in possession in or on Queensland Waters a fishing vessel unless that vessel is licensed as a commercial fishing vessel or as a community fishing vessel; (f) shall not fail to comply with the lawful direction or order of an inspector.". (b) in the second paragraph commencing with the word and expression " Penalty: " inserting after the word " vessel " the word and expression ", vehicle ". 13. Amendment of s. 25. Licensing of persons and vessels for oystering. Section 25 of the Principal Act is amended by in subsection (1) in paragraph (b) omitting the words and expression "(not being a dinghy the overall length of which is less than 4 metres)". 14. Amendment of s. 27. Offences . Section 27 of the Principal Act is amended by in subsection (1) in paragraph (a) omitting the words and expression "(not being a dinghy the overall length of which is less than 4 metres)".

Fisheries Act Amendment Act 1981, No. 98 1015 15. Amendment of s. 53. Closed season . Section 53 of the Principal Act is amended by omitting after the words " marine product " the word " or " and substituting the word " and ". 16. Amendment of s. 56. Taking protected species. Section 56 of the Principal Act is amended by- (a) omitting at the end of subparagraph (b) the expression "." and substituting the expression ";"; (b) inserting after subparagraph (b) the following subparagraph:- (c) any fish of the species Lates calcarifer (Barramundi) of a measurement of size exceeding the size prescribed by the Governor in Council by Order in Council."; (c) omitting after subparagraph (d) the expression ` . ' and substituting the expression ";"; (d) inserting after subparagraph (d) the following subparagraph:- (e) for an offence to which subparagraph (c) relates, $400."; (e) in the final paragraph inserting after the word " vessel " where twice occurring the words " or vehicle ". 17. New s. 56A. The Principal Act is amended by inserting after section 56 the following section:- " 56A. Taking of specified fish. (1) Unless authorized by or under this Act, a person shall not, with respect to any fish of a species specified in the Table to this section,- (a) take or have in possession any of those fish of a number greater than the prescribed maximum number; (b) take or have in possession a quantity of those fish greater than the prescribed maximum quantity; v (c) take any of those fish at a place other than a prescribed place for the taking of those fish; or (d) take any of those fish at a time other than a prescribed time for the taking of those fish. Penalty: $400. In the case where a vessel or vehicle is used or employed in the commission of an offence defined in this section, the offender is liable to a penalty of $1 000 and, if the court so orders, forfeiture to the Crown of the vessel or vehicle and any apparatus used or employed in the commission of the offence and any fish taken in contravention of this Act or the proceeds of sale of fish so taken. (2) The Governor in Council may, by Order in Council for the purposes of this section, with respect to any fish of a species specified in the Table to this section, prescribe- (a) the maximum number of those fish that may be taken or had in possession; (b) the maximum quantity of those fish that may be taken or had in possession;

1016 Fisheries Act Amendment Act 1981, No. 98 (c) the place or places where those fish may be taken ; or (d) the time or times when those fish may be taken, by any person. TABLE Name of Fish Species Australian Bass . . .. . Percalates colonorum Barramundi .. .. .. .. , Lates calcarifer Black Marlin .. .. .. Makaira indica Crab any species 18. Amendment of s. 58 . Power to permit taking or keeping of fish or marine products for particular purposes and the sale thereof . Section 58 of the Principal Act is amended by- (a) in subsection (1) inserting after the word " specifies " the words " and may permit the use of apparatus and vessels for those purposes ": (b) in subsection (5)- (i) omitting subparagraph (e) and substituting the following subparagraph:- (ee)) shall be in force- (i) for the period stated or endorsed on the permit; or (ii) where provision (i) does not apply, for the period prescribed."; (ii) omitting the second paragraph commencing with the words " The Governor in Council may ". 19. Amendment of s. 62. Prohibition of use of explosive , firearm, noxious substance , electrical device for taking fish or marine products. Section 62 of the Principal Act is amended by in subsection (2) inserting after the word " product " the words " or be in possession of any fish or marine product taken by the use of a firearm, power-head or like device ". 20. Amendment of s. 63. Taking freshwater fish. Section 63 of the Principal Act is amended by- (a) in subsection (1) omitting the words "A person " and substituting the words and expression " Except as otherwise prescribed, a person ": (h) inserting after subsection (2) the following subsection:- (3) For the purposes of this section, fresh water does not include the waters in any privately constructed impoundment that is not across a watercourse.".

Fisheries Act Amendment Act 1981, No. 98 1017 21. Amendment of s. 66. Duty of person who takes or has in possession noxious and non-indigenous fish. Section 66 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from the end of paragraph (a) the word " or "; (ii) in paragraph (b) omitting after the word " inspector " the expression "." and substituting the expression ";": (iii) in paragraph (b) inserting after the expression or"; and the word (iv) inserting after paragraph (b) the following paragraph:- (c) shall forthwith notify an inspector of the taking or having in possession, as the case may be, of those fish.": (b) inserting after subsection (1) the following subsection:- (1A) Upon receipt of a notification given in accordance with this section an inspector may issue such orders as he considers appropriate."; (c) in subsection (2) omitting the words " The Minister shall " and substituting the words " The Minister may ". 22. Amendment of s. 71. Protection of mangroves and marine plants . Section 71 of the Principal Act is amended by in subsection (1) inserting after the word " damage " the words " or cause to be cut, lopped, burnt or otherwise destroyed or damaged ". 23. Amendment of s. 88. Evidentiary provisions . Section 88 of the Principal Act is amended by omitting the word " vessel " wherever it occurs and substituting the words " vehicle or vessel ". 24. Amendment of Fifth Schedule. Subject matter for regulations. The Fifth Schedule of the Principal Act is amended by in clause 2 inserting after the word " thereof " the words " and the setting of conditions precedent to the issue thereof ". PART 111-COMMONWEALTH-STATE MANAGEMENT OF FISHERIES 25. Amendment of s. 6. Interpretation . Section 6 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the definition " commercial purpose " the following definitions:- Commonwealth Act " means the FisheriesAct1952 of the Commonwealth as amended from time to time; " Commonwealth proclaimed waters " means waters that by virtue of a Proclamation under the Commonwealth Act are proclaimed waters within the meaning of that Act;": (ii) inserting after the definition " fixed apparatus " the following definition:- " " foreign boat " has the same meaning as it has in the Common- wealth Act;"; 33-8098

1018 Fisheries Act Amendment Act 1981, No. 98 (iii) inserting after the definition " power-head " the following definition:- " " private purposes " means purposes other than commercial purposes;"; (iv) by omitting the definition " Queensland waters (b) omitting subsection (2) and substituting the following subsection:- " (2) Where in a provision of this Act, there is a reference to Queensland waters or to waters generally, the reference- (a) is a reference to all waters that are within the limits of the State; (b) except for purposes in relation to a fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part VIA of this Act and except for purposes prescribed by paragraph (d) of this subsection-is a reference 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, within the meaning of that Part, are Commonwealth proclaimed waters; (c) for purposes in relation to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part VIA of this Act-is a reference to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the CoastalWaters (State Powers) Act1980 of the Commonwealth or otherwise; and (d) for purposes in relation to activities to which this Act applies, being activities that are, within the meaning of the Common- wealth Act, carried on for private purposes otherwise than by the use of a foreign boat-is a reference to any waters to which the legislative powers of the State extend with respect to those activities.". 26. New Part VIA. After section 36 of the Principal Act the following heading and sections are inserted :- " PART VIA-COMMONWEALTH-STATE MANAGEMENT OF FISHERIES 36A. Interpretation . (1) In this Part; save where a contrary intention appears- arrangement " means an arrangement made by the State with the Commonwealth under this Part of this Act, 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 exercising powers and performing functions pursuant to section l2c of the Commonwealth Act;

Fisheries Act Amendment Act 1981, No. 98 1019 " fishery " means a class of activities by way of taking fish, being a class of such activities that is identified in an arrangement under this Part of this Act as a fishery to which the arrangement applies; " Joint Authority " means- (a) the Northern Australian Fisheries Joint Authority established under section 12D (1) of the Commonwealth Act; and (b) any other Joint Authority established under section l2D (6) of that 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 this Part of this Act under which the fishery is to be under the management of a Joint Authority. (2) Without limiting the matters by reference to which a fishery may be identified in an arrangement under this Part of this Act, those matters include all or any of the following- (a) a species of fish; (b) a description of fish by reference to sex or any other characteristic; (c) an area of waters or of seabed, (d) a method of fishing; (e) a kind or class of vessels; (f) a class of persons; (g) a purpose of activities. 36B. Powers and functions of Minister . (1) The Minister may exercise any power and perform any function conferred on the Minister by Part IVA 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 on him by Part IVA of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise the powers and perform the functions conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister. 36C. Judicial notice. All courts and persons acting judicially shall 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 he is, or was at a particular time, such a member or deputy. 36D. 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 this Part of this Act as are conferred on it by the law in accordance with which, pursuant to the arrangement, the fishery is to be managed.

1020 Fisheries Act Amendment Act 1981, No. 98 36E. Delegation . (1) A Joint Authority may, by instrument in writing, either generally or as otherwise provided by the instrument, 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 shall, for the purposes of this Act, be deemed 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; (b) in the service of an authority of; or (c) under the law of, the Commonwealth, another State or a Territory of the Common- wealth. (4) A delegate of a Joint Authority is, in the exercise of his 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); (b) does not prevent the exercise of the power by the Joint Authority: and (c) continues in force notwithstanding any change in the membership of the Joint Authority. (6) Section 27A of the Acts Interpretation Act1954-1977 applies in relation to a delegation under this section as if the Joint Authority were a person. (7) 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 is evidence of that matter. (8) A document pdrporting to be a certificate referred to in subsection (7) of this section shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given. (9) 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 Common- wealth. 36F. Procedure of Joint Authorities . (1) The provisions of subsections (I) to (8) (inclusive) of section 12F of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act.

Fisheries Act Amendment Act 1981, No. 98 1021 (2) A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or his deputy, who took part in or made the decision is evidence 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 shall be deemed to have been duly executed by the Joint Authority and, unless the contrary is proved, shall be deemed to be in accordance with a decision of the Joint Authority. 36G. Report of Joint Authority. The Minister shall cause a copy of a report of a Joint Authority prepared under section 12G of the Commonwealth Act to be laid before the Legislative Assembly as soon as practicable after preparation of the report. 36H. Arrangement for management of certain fisheries . (1) The State may, in accordance with section 12s of the Commonwealth Act, make an arrangement referred to in section 12H of that Act for the management of a particular fishery. (2) An arrangement may be terminated as provided by the Common- wealth Act. (3) After an arrangement has been made but before the arrangement takes effect, licences, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations may be made, for the purposes of the operation of this Act as affected by the arrangement, as if the arrangement has taken effect, but such a licence, endorsement, instrument or regulation does not have effect before the arrangement takes effect. (4) Upon the termination of an arrangement, licences, endorsements and other instruments granted, issued, renewed, made or executed, and regulations 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, licences, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations 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 a licence, endorsement, instrument or regulation does not have effect before the termination of the arrangement takes effect. 361. Application of this Act to fisheries in accordance with arrangements. Subject to this section, 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 in Commonwealth proclaimed waters or operations on or from foreign boats, or persons on foreign boats, in

1022 Fisheries Act Amendment Act 1981, No. 98 Commonwealth proclaimed waters or in relation to matters that occurred in or in relation to Commonwealth proclaimed waters before the arrangement took effect. 36J. Further functions of Joint Authority . 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 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. 36K. Joint Authority to exercise certain powers instead of Minister etc. (1) Save as provided in this section, a licence 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 on the Minister or any other person by or under this Act (this Part excepted) (including powers with respect to the issue, renewal, cancellation and suspension of licences) are exercisable by the Joint Authority instead of the Minister or such other person and are so exercisable as if references in the relevant provisions to the Minister, and to any other person authorized to exercise a power, were references to the Joint Authority. (3) A licence granted under this Act by a Joint Authority shall contain such conditions and limitations that it applies only in relation to a Joint Authority fishery, or Joint Authority fisheries, managed by that Joint Authority. (4) A Joint Authority may endorse a licence granted under this Act (including such a licence granted by that Joint Authority or another Joint Authority) so as to extend the operation of the licence to matters to which the licensing 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 licence ceases to have effect; and (b) the Joint Authority may suspend or cancel the endorsement as if it were a licence granted by the Joint Authority. (5) Subject to paragraphs (b) and (c) of subsection (1) of section 36N, where, at a time a fishery becomes a Joint Authority fishery, a regulation , notification or order under this Act would, but for this subsection , apply to the fishery, the regulation, notification or order, as the case may be , ceases so to apply.

Fisheries Act Amendment Act 1981, No. 98 1023 (6) This section does not empower a Joint Authority to grant, or to take other action in respect of, a licence in respect of a foreign boat or to endorse such a licence. 36L. Application of certain provisions relating to offences. The provisions of this Act relating to offences and enforcement and legal proceedings shall extend and apply 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 and for that purpose shall be read and construed- (a) as if a reference in those provisions to a licence were a reference to a licence. or an endorsement of a licence, granted, issued, renewed or made by the relevant Joint Authority, in relation to the person alleged to have committed the offence or the boat alleged to have been used in the commission of the offence; and (b) as if a reference in those provisions to fish were a reference to fish to which the Joint Authority relates. 36M. 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 of the Commonwealth that are parties to the arrangement or are waters adjacent to the Northern Territory or to a specified State or States, shall, for the purposes of this Act, be conclusively presumed to be correct. 36N. Regulations and notices . (1) Where a Joint Authority is to manage a fishery in accordance with the law of the State, the Governor in Council may, for the purpose of giving effect to a decision of the Joint Authority- (a) make regulations for the management of the fishery; (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 in Council to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in paragraphs (a) or (b) of subsection (1) or the amendment of a regulation in the manner referred to in paragraph (c) of subsection (1).

1024 Fisheries Act Amendment Act 1981, No. 98 (3) Where a regulation affecting a fishery that is to be managed by a Joint Authority is expressed to be made or given pursuant to this section. it shall be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.".