Fisheries Act Amendment Act of 1959 (8 Eliz Ii No. 59) (Qld)

429 O^uecitslanb ANNO OCTAVO ELIZABETHAE SECDNDAE REGINAE. No. 59. An Act to Amend "The Fisheries Act of 1957," In certain particulars. [A ssented to 22 nd D ecember , 1959.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— 1. (1.) This Act may be cited as “ The Fisheries Short title- Act Amendment Act of 1959.” ( 2 .) “ The Fisheries Act of 1957,” is in this Act ^taoipal referred to as the Principal Act. 0 (3.) The Principal Act and this Act may be ??l*eotiv® collectively cited as “ The Fisheries Acts, 1957 to 1959.” '

430 Fisheries Act Amendment Act. 8 Euz. II. No. 59, Amendment 2. Section five of the Principal Act is amended by ofs’6' inserting in paragraph (i.) of the proviso thereto, after the word “ cancelled ”, the word “ amended Amendment 3. Section thirteen of the Principal Act is of a. i3(i). amen(je(j by inserting after subsection five thereof the following subsection:— “ (5a.) Where under this Act an inspector is empowered to seize any net or other apparatus, or any fish or other marine product specified in paragraph (viii.) of subsection one of this section, he may, by notice in writing served upon the person found by him using or in possession or control of such net or other apparatus or in possession or control of such fish or other marine product, require that person to deliver the same to the inspector or to any third person named in the order at the place specified in the order and on or before the date specified in the order. The place specified in such an order shall be a place reasonably convenient to a court of petty sessions which has jurisdiction to hear and determine a complaint for the offence under this Act in relation to which the inspector made the order. A person who fails in any respect to comply with an order under this subsection shall be guilty of an offence. Penalty : Fifty pounds.” Amendments 4. Section seventy of the Principal Act is amended— of s. 70. . (a) By inserting after paragraph (i.) of subsection two thereof the following paragraph “ (ia.) Prohibiting, either absolutely or save upon and subject to prescribed conditions, any vessel from having on board any net or other apparatus at any time when that vessel is in such Queensland waters as may be specified in the Order in Council or, as the case may be, regulation in which the taking of fish by means of such net or other apparatus is prohibited, and providing for the seizure of any net or other apparatus found on

1959. Fisheries Act Amendment Act. board any vessel contrary to the prohibition imposed by any such Order in Council or, as the ease may be, regulation ; ” ; and (b) By repealing at the foot of paragraph (a) of subsection four thereof the words “ Penalty: Fifty pounds ” and inserting, in lieu of those repealed words, the following paragraphs :— “ Where the taking or attempting to take or assisting to take any fish with any net, or the using or attempting to use or assisting to use any net to take any fish, is an offence against this paragraph (a), the offender shall be liable to a penalty of not less than ten pounds or more than fifty pounds. In case of any other offence against this paragraph (a) the offender shall be liable to a penalty of not more than fifty pounds.” 431 5. Subsection one of section seventy-two of the Amendment Principal Act is amended by repealing at the foot ofs‘72 of the first paragraph thereof the words “ Penalty : Fifty pounds ” and inserting, in lieu of those repealed words, the words “ Penalty : Minimum ten pounds, maximum fifty pounds ”. 6. Subsection four of section seventy-three of the Amendment Principal Act is amended by repealing at the footof 8‘73 thereof the words “ Penalty : One hundred pounds ” and inserting, in lieu of those repealed words, the words “ Penalty: Minimum ten pounds, maximum one hundred pounds”. 7. The Principal Act is amended by repealing section seventy-nine thereof and inserting, in lieu of 79 . new s* that repealed section, the following section :— “ \79.~\ ( 1 .) It shall be unlawful to employ or use for a vessel in Queensland waters in taking fish— 5 *Geo?V., (i.) With a net, whether for sale or not; amended). (ii.) With a line or by any other means whatsoever, for sale, unless the owner of the vessel has obtained from the Minister a license authorising its employment or use for that purpose.

432 Fisheries Act Amendment Act. 8 E liz . II. No. 59, A fee as prescribed shall be payable in advance for such a license. A license under this section shall not authorise the employment or use of the vessel in respect of which the license is granted in taking fish for sale unless such authority is endorsed on the license, or at any time when such vessel is in charge of a person who does not hold a master fisherman’s license. Such endorsement shall not be made upon any license under this section unless the owner or person in charge of the vessel in respect of which the license is granted holds a master fisherman’s license. (2.) Every such license shall specify the name of the owner and of the vessel and, unless sooner cancelled, suspended or surrendered under this Act, expire on the thirty-first day of December next following the date of issue. The license shall not be renewable, but the holder thereof may, under and subject to this Act, from time to time, apply for a fresh license under this section. (3.) The owner or person in charge of any vessel shall not employ or use, or permit or allow to be employed or used, in Queensland waters such vessel for any purpose specified in subsection one of this section unless the employment or use of such vessel for that purpose is authorised by a license under this section. Penalty: Fifty pounds. Change of (4.) Every change of ownership of any licensed ownership. vessel shall be notified to the Minister within one month after such change of ownership otherwise the vessel shall be deemed to be not licensed. (5.) (a) Where the employment or use of any vessel in taking fish for sale is authorised by a license imder this section, the owner or person in charge of such vessel shall not carry, or permit or allow to be carried on board such vessel any person other than a member of the crew thereof.

1959. Fisheries Act Amendment Act. (6) A license under this section which authorises the employment or use of any vessel in taking fish for sale may specify the maximum number of persons who may be carried as crew in the vessel named in such license. In any such case the owner or person in charge of the vessel shall not carry, or permit or allow to be carried on board the vessel persons in excess of the number so specified in the license. (c) Any owner or person in charge of a vessel licensed under this section who carries, or permits or allows to be carried on board such vessel any person or persons (whether a member or members of the crew of such vessel or not) contrary to any provision of this subsection shall be guilty of an offence. Penalty : One hundred pounds. (d) This subsection does not apply to the carriage on board any vessel licensed under this section-— (i.) Of any member of the family of the person named in the license as the owner of such vessel; or (ii.) Of any person carried as a passenger at any time when such carriage is authorised under “ The Queensland Marine Act of 1958 ” ; or (iii.) Of any person on board such vessel by reason of shipwreck, distress or other circumstances that could not have been prevented or forestalled by the owner or person in charge of such vessel.” 433 8. The Principal Act is amended by repealing Repeal of section eighty thereof and inserting, in lieu of that as.nd80n. ew repealed section, the following section:— “ [50.] (I.) It shall be unlawful for any person to Licenses for engage in taking fish for sale— fishermen. 5 Geo. V., (а) Unless he holds a master fisherman’s license; Namo. en2d3e(da) s. or (б) Unless he holds an employee fisherman’s license and is engaged in taking fish for sale as an employee of a person who holds a master fisherman’s license.

434 Fisheries Act Amendment Act . 8 EiJZ. II. No. 59, (2.) It shall be unlawful for any person— (а) To have in possession any net; or (б) To use or assist in using for taking fish for sale any net; or (c) To use or assist in using for taking fish other than for sale any net, unless he is a holder of a master fisherman’s license, or a holder of an employee fisherman’s license employed by and acting for and on behalf of a holder of a master fisherman’s license or, in any case referred to in paragraph (a) of this subsection, a maker of or dealer in nets of the class, description or kind in question, or in any case referred to in paragraph (c) of this subsection, a holder of a net fisherman’s license lawfully authorised by such license to use a net of the class, description or kind in question. (3.) Subject to any regulation made pursuant to subsection four of this section the Minister may grant master fishermen’s licenses, employee fishermen’s licenses and net fishermen’s licenses for the purposes of this section. The Minister may grant any such license subject to such provisions, terms and conditions, not inconsistent with any regulation made pursuant to subsection four of this section, as he deems fit and states in the license. (4.) The power to make regulations under this Act shall include power to make regulations not inconsistent with this Act prescribing the qualifications entitling persons to apply for and, if granted, to hold respectively master fishermen’s licenses and employee fishermen’s licenses, prohibiting the obtaining or holding of either such license by any person not qualified as prescribed, prescribing exceptions from such prohibition, prescribing the kinds, descriptions and classes of nets which may lawfully be used under the authority of net fishermen’s licenses, prescribing that the use of any specified class, description or kind of net may not be lawfully authorised by and shall not be lawful under such licenses, and

1959. Fisheries Act Amendment Act. prescribing fees for such licenses which fees may differ in amount for master fishermen’s licenses, employee fishermen’s licenses and net fishermen’s licenses respectively. Such regulations shall not be inconsistent with this Act by reason only that the provisions thereof limit the power of the Minister to grant any license referred to in this section. (5.) The fee prescribed for any license under this section shall be payable in advance. (6.) Any holder of a master fisherman’s license who employs for the purpose of taking fish for sale any person who is qualified to obtain and hold an employee fisherman’s license may take out such license for that other person and may from time to time on payment of the prescribed fee have the name of the person specified in the license changed, but only if the person into whose name the license is changed is qualified to hold an employee fisherman’s license. For the purposes of this Act the person whose name is specified for the time being in such license shall be deemed to be the holder thereof. (7.) Any and every master fisherman’s license granted for the purposes of this section may be granted subject to a condition that all fish taken by the licensee (whether in person or by any employee) for sale shall be marketed or sold in accordance with the requirements specified in that license. (5.) Unless sooner cancelled, suspended, or surrendered under this Act, every license granted for the purposes of this section shall expire on the thirtyrfirst day of December next following the date of issue. The license shall not be renewable but, subject to this Act, the holder thereof may from time to time apply for a fresh license under this section. (9.) Any person who contravenes in any respect the provisions of subsection one or subsection two of this section, or any holder of a master fisherman’s license under this section granted subject to the condition B 435

436 Fisheries Act Amendment Act. 8 Euz. II. No. 59, specified in subsection seven of this section who fails in any respect to comply with that condition, shall be guilty of an offence. Penalty: Fifty pounds.” Certain 9. (1.) For the purposes of this section, the continued in provisions, save in so far as they impose limitations force until upon the duration of licenses thereunder, of sections i 96 o.Mar°h’ seventy-nine and eighty of the Principal Act shall, notwithstanding the repeal of those sections by this Act, be deemed to continue in force to and including the thirty-first day of March, one thousand nine hundred and sixty. (2.) All licenses granted under the provisions of sections seventy-nine or eighty of the Principal Act and in force immediately prior to the passing of this Act shall, unless sooner cancelled, suspended or surrendered, continue in force to and including the thirty-first day of March, one thousand nine hundred and sixty, but even such license shall expire on the last moment of that day. (3.) The Minister may after the passing of this Act grant licenses for the purposes of sections seventy-nine or eighty of the Principal Act and every such license shall, unless sooner cancelled, suspended or surrendered, continue in force to and including the thirty-first day of March, one thousand nine hundred and sixty, but shall expire on the last moment of that day. (4.) The provisions relating to the cancellation, suspension or surrender of licenses of the Principal Act as amended by this Act shall apply to every license referred to in subsections two or three of this section as if such license had been granted thereunder. amendments IQ. Section ninety-four of the Principal Act is ofs. 94 . amended— (a) By renumbering that section as subsection one; ( b ) By repealing in that subsection as so renumbered the word “ net ” ; (c) By adding to that subsection as so renumbered the following paragraph:— “ This subsection does not apply to nets.”; and

1959. Fisheries Act Amendment Act. (d) By adding to that section the following subsections “ (2.) Where a person is convicted of any offence against this Act committed at a time after the enactment of this subsection when such person held a master fisherman’s license or an employee fisherman’s license, any net related to or connected with the commission of such offence which has been seized under this Act shall be dealt with as follows:— (a) If a net has not been related to or connected with the commission by such person, subsequently to the enactment of this subsection, of any other offence against this Act, such firstmentioned net shall be retained by the Crown for a period of three months ; (b) If a net has been related to or connected with the commission by such person, subsequently to the enactment of this subsection, of any other offence against this Act (and whether against the same or a different provision hereof), such firstmentioned net shall be retained by the Crown for a period of twelve months; or (c) If a net has been related to or connected with the commission by such person, subsequently to the enactment of this subsection, of each of two or more other offences against this Act (and whether against the same or different provisions hereof) such firstmentioned net shall, by the conviction and without any specific order, be forfeited to the Crown. The period for which any net shall be retained by the Crown under this subsection shall commence on the day on which such net is seized under this Act. (3.) A net related to or connected with the commission of an offence against tins Act committed by a holder of an employee fisherman’s license shall not be liable to be retained or forfeited under subsection two of this section if the court finds that such net is the property of a holder of a master fisherman’s license, that the offence for which such net was seized under this Act was 437

438 Fisheries Act Amendment Act. 8 E liz . II. No. 59, committed without the knowledge, connivance or consent of such holder of a master fisherman’s license, and that he could not by the exercise of reasonable diligence have known of the commission of such offence. The provisions of this subsection do not apply to any offence prescribed by subparagraphs (6) or (c) of the first paragraph of subsection two of this section to be taken into account in determining the liability to retention or forfeiture of any net. (4.) Subject to subsection three of this section every offence against this Act to or with the commission of which a net shall have been related or connected, committed subsequently to the enactment of this subsection by any holder of a master fisherman’s license or by any holder of an employee fisherman’s license in the course of his employment by such holder of a master fisherman’s license, shall be taken into account in determining the liability to retention or forfeiture under subsection two of this section of any net the property of such holder of a master fisherman’s license. (5.) Where a person other than a person referred to in subsection two of this section is convicted of any offence against this Act committed subsequently to the enactment of this subsection, any net related to or connected with the commission of such offence which has been seized under this Act shall by the conviction and without any specific order be forfeited to the Crown. (6.) No provision of this section applies so as to confer upon any person an entitlement or claim to recover possession from the Crown of any net seized under this Act during any period during which the retention of that net by the Crown is, in the opinion of the Minister, necessary for the purposes of prosecuting \any offence in relation to which it was seized. (7.) In any action or other proceeding in damages or otherwise against the Crown, or the Minister, or any officer or employee of the Crown or the Minister, in respect of loss of or damage to any net during its retention by the Crown under subsection two of this section, it shall be a defence to prove that such loss or damage was caused neither by negligence nor by wilful misconduct of any officer or employee of the Crown or the Minister.

1959. Fisheries Act Amendment Act. (8.) Upon convicting any person of an offence under this Act related to the taking of any fish with a net committed after the enactment of this subsection the court shall, in addition to any penalty which it may impose, order the offender to pay the value of such fish.” 439