Fisheries Act of 1957 (6 Eliz ll No. 11) (Qld)

FIRE—FISHERIES. 75 6 Euz. II. No. 11, 1957. Fisheries Act, (3.) Where an employee is re-employed by the Fire Brigade Board later than three months after— (а) He shall have been dismissed or stood down by such Board ; or (б) He shall have himself terminated his service with such Board, then the service of the employee with such Board before the date of such dismissal, standing down, or termination of service shall not be taken into account in determining, according to the rules prescribed by this clause, his seniority. 29. The term “ efficiency ” shall mean special qualifications and Efficiency, aptitude which in the opinion of the Fire Brigade Board are necessary for- the proper discharge of the duties of the position to be filled, together with merit, diligence, and good conduct.” FISHERIES. An Act to Consolidate and Amend the Law 6|™i1n- relating to Whaling, Pearling, Oystering, iJS™ and Other Fisheries. [A ssented to 18 th A pril , 1957.] E it enacted by the Queen’s Most Excellent Majesty, B by and witb the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— P art I.—P reliminary . 1. (1.) This Act may be cited as Act of 1957.” P art I.— P reliminary . The Fisheries Short title. (2.) This Act shall come into force on a date to be Commenee- fixed by the Governor in Council by Proclamationment of Act published in the Gazette. 2. (1.) This Act, including every Proclamation, interpre­ Order in Council, and regulation hereunder, shall be readtatl0n- and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, or regulation hereunder would but for this section have been construed as being in excess of that power,‘it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

76 P ast I.— P reliminary . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, Saving of 26 Geo. V. No. 33 and 26 Geo. V. No. 39 (as amended). (2.) This Act shall not derogate from the provisions of— (i) *“* * rp § h e CriminalCodeAct, 1899 (including “ The Criminal Code ”) ” ; or (ii.) f“ The Fish Supply Management Acts, 1935 to 1951.” Special exemptions. Cf. 6 Geo. V. No. 23 (as amended), s. 6. 3. Nothing in this Act applies to— (i.) The taking (otherwise than by the use of any explosive, poisonous, or other noxious substance) of fish or oysters by any islander within the meaning of $“ The Torres Strait Islanders Acts, 1939 to 1946,” who usually lives on a reserve within the meaning of those Acts or by any aboriginal within the meaning of and subject to §“ The Aboriginals Preservation and Protection Acts, 1939 to 1946,” for consumption by islanders or aboriginals ; (ii.) The taking by any person and by the use of any lawful apparatus (but, in the case of fish, not during any close season for that species of fish), of fish or oysters, the taking of which whether in relation to species or size or fitness for consumption as food is not prohibited by this Act, in water on or over land which for the time being is lawfully granted in fee simple by the Crown; (iii.) The taking by any person, under and in compliance in every respect with the prior permission in writing of the Minister or of any person appointed by the Minister either generally or in the particular case in that behalf (who is hereby authorised to grant such permission subject to such conditions as in every individual case he may deem fit to impose and, in prescribed cases, subject to the payment of the prescribed fees), of ............ pearl shell, trochus, beche-de-mer, green snail, fish, oysters or other marine product bona fide for the purpose of ascertaining the * 03 V. No. 9. f 26 G. 5 No. 33 and amending Acts. % 3 G. 6 No. 7 and amending Acts. § 3 G. 6 No. 6 and amending Acts.

. 1957. FISHERIES. Fisheries Act. 77 P aet I.— P ebuminaet . existence or increase of such pearl shell, trochus, beche-de-mer, green snail, fish, oysters or other marine product or of removing the same to stock other waters, or for such other purposes as the person granting the permission may specify in such permission; (iv.) The unintentional taking, by any person lawfully fishing, of fish contrary to this Act, where that person immediately returns them, without subjecting them to inevitable injury and with as little accidental injury as possible to them, to the water from whence the same came ; (y.) The use by any person of a landing net to secure fish taken with a rod and line lawfully; or (vi.) The use by any person of a hoop net for the taking of fish (other than freshwater fish within the meaning of section seventy-eight of this Act), the taking of which whether in relation to species or size is not prohibited by this Act, but not during any close season for that species of fish and not from any Queensland waters wherein the taking of such fish is prohibited. 4. This Act is divided into Parts as follows :— P art I.—P reliminary ; P art II.—W haling ; P art III.—P earling ; P art IV.—O ystering ; P art Y.—O ther F isheries ; P art VI.—G eneral . Parta of Act. 5. The Acts set out in the First Schedule to this Act Repeals and (herein referred to as “ the repealed Acts ”) are repealed : Savmgs' Provided that, but without limiting the operation of *“ The Acts Interpretation Act of 1954,”— (i.) Unless otherwise expressly provided, every Proclamation, Order in Council, regulation, license, appointment, permission, approval, grant, consent, sanction, order, * 3 Eliz. 2 No. 3.

7.8 P art I.— P reliminary . FISHERIES. Fisheries Act. 6 E liz . II. No. 11,. notice, agreement, contract, arrangement, determination, or other act of authority made, granted, given, issued, done, or otherwise originated, or continued, under the repealed Acts and subsisting immediately prior to the commencement of this Act shall, subject as hereinafter provided and so far as is consistent with this Act, continue for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time or is repealed, revoked, cancelled, or suspended under this Act: Provided further that every such Proclamation, Order in Council, regulation, license, appointment, permission, approval, grant, consent, sanction, order, notice, agreement, contract, arrangement, determination, or other act of authority shall he read and construed subject to this Act; (ii.) All penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the repeal thereof shall be enforceable and may be enforced as if the repealed Acts had not been repealed ; (iii.) All actions and proceedings under the repealed Acts commenced or pending when those Acts are repealed may be carried on and prosecuted as if such repeal had not been made and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; (iv.) All inspectors and all other officers appointed under the repealed Acts and in office at the commencement of this Act shall be deemed to have been appointed to their respective offices under and for the purposes of this Act and, subject to this Act, shall continue to hold those offices respectively without further or other appointment under this. Act;

1957. FISHERIES. Fisheries Act. 79 P ast I.— PKBIiIMINAKY. (v.) Every reserve under or for the purposes of the repealed Acts and existing immediately prior to the commencement of this Act shall continue under and subject to this Act to be a reserve for the purposes for which it was created, declared or set apart; (vi.) The amount of every fee prescribed by any provision of the repealed Acts shall continue to be payable under and for the purposes of the corresponding provision of this Act as if the same were prescribed by that corresponding provision until such time as the amount of that fee is prescribed by regulation. 6. (1.) In this Act, unless the context otherwise Meaning of indicates or requires, the following terms shajll have theterms' meanings respectively assigned to them, that is to say— “ Apparatus ”—Includes any net, implement, gear, Apparatus, contrivance, device, or apparatus used or capable of being used to take any fish or oysters : The term also includes any hook, line, or other part whatsoever of any apparatus; “Baleen whale”—Any whale other than a Baleen toothed whale ; whale. “ Blue whale ”—Any whale known by the name Blue whale, of blue whale, Sibbald’s rorqual pr sulphur bottom; “ Catchment area ”—Any portion of ail oyster Catchment bank suitable for the collection of spat onarea’ mangroves or other timber, shells, tiles, slates, shingles, or other catchment, and licensed or intended to be licensed ; “ Cultivation ”—Oyster spat and oysters the shells Cultivation, of which are less in length than two inches ; “ Dauhval ”—Any unclaimed dead whale found Dauhval. floating; “ Diver’s tender ”—The person attending on a Diver’s diver employed in pearling and in charge oftender* the diving operations while the diver is under water;

80 P art I.— P reliminary . Dredge section. Factory. Fin whale. Fish. Fixed apparatus. Foreshore. Gray whale. High water. Humpback whale. Inspector, FISHERIES. Fisheries Act . 6 E liz . II. No. 11, “ Dredge section ”—Land lying below the level of two feet below low-water mark and licensed or intended to be licensed for oyster culture ; “ Factory ”—Does not include a vessel; “ Fin whale ”—Any whale known by the name of common finback, common rorqual, finback, firmer, fin whale, herring whale, razorback or true fin whale; “ Fish ”—Every description of fish, turtles, crabs, prawns, shrimps, or other Crustacea, mammals, molluscs (shellfish) and sponges, and (save those excepted from this definition) other marine products, found in Queensland waters, including their spat, spawn, fry, and young : The term does not include whales, oysters, pearl shell, trochus, beche-de-mer, green snail, coral, and shell-grit. “ Fixed apparatus ”—Includes any weir, stakes, net, line, implement, device, contrivance, or apparatus fixed or made stationary or partly stationary in any manner whatsoever for taking fish ; “ Foreshore ”—Such parts of the bed, shore, banks, shoals, reefs, and other land of or in any Queensland waters, as lie between high- water and low-water marks ; “ Gray whale ”—Any whale known by the name of gray whale, California gray, devil fish, hard head, mussel digger, gray back or rip sack; “ High water ”—The mean height of the higher high water at spring tides ; “ Humpback whale ”—Any whale known by the name of bunch, humpback whale, humpbacked whale, hump whale or hunchbacked whale; “ Inspector ”—The Chief Inspector and any inspector or sub-inspector appointed under this Act: The term includes any member of the Police Force appointed to act as an inspector, and any other person appointed to act as an honorary inspector, and also any person acting under the direction or in aid of an inspector;

1957. FISHERIES. Fisheries Act. 81 P art I.— P reliminary . “ Land ”—Any land in or within the territorial Land, limits of Queensland, including land covered by water as well as shoals, reefs, and other land, whether of coral, rock, or other formation; “ License ”—A license, including any renewal of License, a license, granted under this Act and in force at the material time, and, with reference to any particular provision of this Act a license of the description appropriate according to that provision; “ Low water ”—The mean height of the lower Low water, low water at spring tides ; “ Master ”—Any person, other than a pilot, Master, having command or charge of a vessel; “ Maturing ground”—Any portion of an oyster Maturing bank the bottom of which is naturallyground- sufficiently solid to carry oysters to mature, or has been artificially so solidified, and licensed or intended to be licensed ; “ Minister ”—The Treasurer or other Minister of Minister, the Crown for the time being charged with the administration of this Act; “ Net ”—A fabric of rope, cord, twine, nylon or Net. other material knotted or woven into meshes and designed or fitted to take fish and all tackle and furniture provided for use or used in connection therewith; “ Owner ”—Includes the manager or secretary Owner, of any company or body corporate or any person to whom the whole or a part of a vessel belongs : The term “ owner ” also includes the lessee of any vessel; “ Oyster bank ”—Land lying between high water Oyster bank, mark and two feet below low water mark, and licensed or intended to be licenced as a catchment area or maturing ground; “ Oyster culture ”—The cultivation of oysters Oyster and the taking of oysters for sale ; culture. “ Oyster ground ”—Includes an oyster bank and Oyster a dredge section, and a public oyster reserve, ground‘ . and any land below high water mark suitable for oyster culture, or where oysters are found;

82 P art I.— P reliminary . Oystering operations. Oysters. Part. Pearling. Person. Port or place. Premises. Propelling machinery. Queensland waters. Regulations. Right whale. FISHERIES. Fisheries Act. 6 E liz . II. No. 11, “ Oystering operations ”—Includes the catching, cultivation, maturing, and taking of oysters ; “ Oysters ”—Oysters and all brood, ware, half­ ware, spat, and spawn of oysters ; “ Part ”—Part of this Act; “ Pearling ”—Includes all work of searching for or taking pearl shell, trochus, beche-de-mer, or green snail; “ Person ”—Includes a body corporate ; “ Port or place ”—Includes any natural harbour, haven, channel, or anchorage in or at which vessels can obtain shelter or ship and unship goods; “ Premises ”—Includes any land, whether improved or unimproved and whether open or enclosed, and any building, tent, wharf, jetty, pier, or other structure whatsoever and any camping ground, camping place, or other place (whether open or enclosed); “ Propelling machinery ”—Includes masts, sails, rigging, and running gear, and in respect of a vessel having mechanical means of propulsion includes boilers, engines, and everything employed in connection with propelling the vessel; “ Queensland waters ”—-The sea within the territorial limits of Queensland and all salt, brackish, and fresh waters in Queensland whether coastal or inland, including, but without limiting the generality thereof, the waters of all bays, gulfs, and inlets of the sea, and all rivers, creeks, streams, lakes, and lagoons, and waters on all foreshores and all other waters whatsoever of the State : Provided that the term does not include water on or over land which for the time being is lawfully granted in fee simple by the Crown; “ Regulations ”—Regulations made under the authority of this Act; “ Right whale ”—Any whale known by the name of Atlantic right whale, Arctic right whale, Biscayan right whale, bowhead, great polar v f

1957. FISHERIES. Fisheries Act. 83 P art I.— P rbliminary . whale, Greenland right whale, Greenland whale, nordkaper, North Atlantic right whale, North Cape whale, Pacific right whale, pigmy right whale, southern pigmy right whale or southern right whale; Sei whale ”—Any whale known by the name of Sei whale. Balaenoptera borealis (sei whale), Rudolphi’s rorqual, pollack whale or coalfish whale, and includes Balaenoptera brydei (Bryde’s whale); Sell ”—Includes sell by wholesale or by retail Sell, or by auction, and barter, exchange, or supply for profit, assign or part with possession for valuable consideration, offer or expose for sale, keep or have in possession for sale, or send, forward, consign, or deliver for or on sale, and to authorise, cause, permit, allow, suffer, or attempt any of sujeh things ; Shipping master ”—Any person for the time shipping being appointed or deemed to he appointedmaster* as a shipping master under and for the purposes of *“ The Navigation Acts, 1876 to 1950 ” : The term includes any person for the time being appointed to act in that capacity or to perform any of the duties of a shipping master; : Size ”—In relation to fish, includes Size, measurement; 1 Sperm whale ”—Any whale known by the sperm name of sperm whale, spermacet whale, whale‘ cachalot or pot whale ; ; Take ”—With its derivatives, includes fish for, Take, catch, kill, destroy, dredge for, raise, collect, gather, obtain by any means, or carry away ; ‘This Act”—This Act and all Proclamations, This Act. Orders in Council, and regulations continued in force or made hereunder ; ‘ To place ”—Used in reference to nets and fixed To place, apparatus—to place, set, drive, lay, fasten, or fix ; [ ‘ Trap ”—An enclosure (not being a net) designed TraP* to catch fish, whether fixed to the shore or not; * 41 V. No. 3 and amending Acts.

84 P art I.— KKiiMiifAET. FISHEKIES. Fisheries Act. 6 E liz . II. No. 11, Treating whales. Vessel. Whale. “ Treating whales ”—Includes the operation of cutting up and the extraction of oil, whale­ bone, or other products from the carcasses of whales; and “treat ” has a meaning corresponding to “ treating whales ” ; “ Vessel ”—Includes a ship, vessel, boat, or floating craft of any description. “ Whale ”—Baleen whale, blue whale, fin whale, gray whale, humpback whale, right whale, sei whale, sperm whale or any other prescribed species of whale. (2.) Derivatives of a term to which a meaning is assigned by subsection one of this section, shall have a correspondingly inclusive meaning. Adminis­ tration. 7. This Act shall be administered by the Minister and, subject to the Minister, by the Chief Inspector, inspectors, sub-inspectors and other officers appointed in pursuance of this Act. Officers. 8. (1.) The Governor in Council may from time No 6 23°’(as ^me appoint under and for the purposes of this Act amended), a Chief Inspector of Fisheries and such inspectors, gg®yio No sub-inspectors' and other officers as he deems necessary 29 , a. z. ' for the effectual execution of this Act. Appointees as aforesaid shall be appointed and hold their respective offices under, subject to, and in accordance with *“ The Public Service Acts, 1922 to 1955 ” : Provided that the provisions applying to appointments under the corresponding provisions of the repealed Acts of any Order in Council under section forty-seven of *“ The Public Service Acts, 1922 to 1955,” shall, until the provisions of that Order in Council are revoked, continue for the purposes of this subsection. (2.) The Minister may, by notification published in the Gazette, appoint any member of the Police Force to act as an inspector under and for the purposes of this Act, and may in like manner cancel such an appointment. (3.) The Minister may, by notification published in the Gazette, appoint any person to act as an honorary inspector under and for the purposes of this Act. * 13 G. 5 No. 31 and amending Acts.

1957. FISHERIES. Fisheries Act. 85 P am i . — P bbldonabt . Any and every appointment of an honorary inspector may be limited as the Minister thinks fit with respect to time, place, the powers, functions and duties of the appointee, or other circumstances. Every appointment to act as an honorary inspector shall be held at the pleasure of the Minister and may be terminated by him at any time. Such an appointee may resign his appointment at any time. 9. (1.) The Governor in Council may from time to Reserves, time by Order in Council set apart and declare any Crown ^ land— amended), (i.) To be a public oyster reserve ; or 8-5- (ii.) To be a reserve for all or any of the following purposes, namely:— (а) A camping place for oystermen or fishermen; (б) A catchment area for spat; (c) The setting and anchoring of nets for taking dugong; (d) The formation, culture and growth of sponges or such other marine products as are specified in the Order in Council; (e) The protection of coral or such other marine products as may be specified in the Order in Council; and (/) Any other purpose whatsoever in connection with fisheries. The aforesaid purposes shall be deemed to be public purposes within the meaning of *“ The Land Acts, 1910 to 1955.” (2.) The Governor in Council may, by Order in Council, cancel in whole or in part the reservation of any land reserved or deemed to be reserved under this Act for any purpose specified in subsection one of this section or any other purpose whatsoever. Upon and from the date of the publication; in the Gazette of such an Order in Council (or if a loiter date is specified therein on and from such later date) the land comprised in the reservation or, as the case may be, the part cancelled of the reservation in question shall cease to be reserved. * 1 G. 5 No. 15 and amending Acts.

86 P art I.— P reliminary . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (3.) Subject to this Act, every public oyster reserve shall be for the use of the public. Reserves excepted from certain licenses. (4.) Every reserve under this Act shall not be subjected to any, and shall be deemed at all times while it remains as such to be excepted from every, license granted under this Act in relation to any land or area. Protection, &c., of reserves. (5.) The regulations may prescribe in relation to all or any of the reserves under this Act all such matters and things as the Governor in Council considers necessary or desirable for all or any of the following :— (i.) The protection and management thereof; (ii.) Prescribing offences with respect to such reserves and all or any marine products thereon or therein or within the limits thereof, and the penalty or punishment for all or any of such offences ; (iii.) The control of all or any persons and vessels within the limits thereof and the preservation of order; and (iv.) Generally regulating and controlling the use thereof. Power of 10. (1.) The Minister may from time to time, in dC19ef.l5e2Ngao(tC.io’ t7nh.. o)f, rtoelaatpioanrttiocualanrypmaratttoefrtshoerSctlaatses, obfyminastttreursm, eonrtininrwelraittiionng ss1. . 9675. . 2 N(oC. ’t8h. o)f, uannddearuhtihsohraitniedsduenledgeartethailsl Aorcat nays omfahyisbpeoswpeercsi, fifeudnicntiothnes instrument (other than this power of delegation) so that the delegated powers, functions and authorities may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. Any delegation under this section may, if the Minister deems it so desirable, be made by the delegation of all or any of his powers, functions and authorities under this Act as may be specified in the instrument of delegation to the holder of an office under the Crown in right of this State, specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform without further or other authority and while

1957. FISHERIES. Fisheries Act. 87 ' P art I.— P reliminary . he holds or occupies or performs the duties of that office the delegated powers, functions and authorities with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. (2.) Where, by or under this Act, the exercise of a power, function, or authority of the Minister is dependent upon the opinion, belief, or state of mind of the Minister, in relation to any matter, that power, function, or authority may be exercised upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section. (3.) The Minister may, at his will, revoke a delegation made by him under this section. No delegation shall prevent the exercise of any power, function, or authority by the Minister. (4.) The Minister may make such ancjl so many delegations under this section and to such number of persons and either at any one and the same time or from time to time as he may consider necessary or desirable. 11. (1.) ( a ) Subject to this Act, the Minister may issue of grant, renew, and transfer licenses of the different classes for any of the purposes of this Act. 1952 (C’th°), (b) Every license, and every renewal or transfer of No.'s of 1952 a license, granted under this Act shall be in or to the (C’th.), s. 10 . effect of the prescribed form. (c) Each and every license granted under this Act shall specify— (i.) The name of the license holder ; (ii.) The authority given to the license holder by that license or, where any place is licensed thereby for any of the purposes of this Act, a description of that place sufficient in the opinion of the Minister to identify the boundaries thereof; and (iii.) All other prescribed particulars, if any, and shall be deemed to be granted subject: to all the terms and conditions, if any, therein specified and to all other terms and conditions as may for the time being be prescribed for the description of license to which that license belongs.

88 P art I — P reliminary . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (2.) Every application for a license or any renewal or transfer thereof shall be in or to the effect of the prescribed form, shall be signed by the applicant, shall be accompanied by the prescribed fee, and shall contain or be accompanied by such information and particulars as are prescribed. (3.) Subject as hereinafter in this section provided, the Minister may grant or refuse to grant any license or the renewal or transfer of any license under or for any purpose of this Act: Provided that— (i.) Any person to whom the powers of the Minister conferred by this section have been delegated pursuant to this Act shall refuse to grant or to renew or to transfer any license if thereunto directed by the Minister ; and (ii.) If any person to whom the powers of the Minister conferred by this section have been delegated pursuant to this Act refuses (save by direction of the Minister) to grant or to renew or to transfer any license, the applicant therefor may request him to refer the matter to the Minister for direction. The determination of the Minister that a license or the renewal or transfer thereof shall or shall not be granted, as the case may be, shall be final and conclusive of that matter, and it is hereby declared that the Minister may act in the matter according as he, in his absolute discretion, deems fit. (4.) In granting any license or a renewal or transfer thereof the Minister shall not be bound by the application but, subject to this Act, he may— (i.) Grant the license or renewal or transfer without terms and conditions ; or (ii.) Grant the license or renewal or transfer subject to such terms and conditions as may be fixed by him : Provided that a license or a renewal or transfer thereof granted by a delegate, by direction of the Minister, shall be so granted subject to such terms and conditions, if any, as the Minister specifies in the direction :

1957. FISHERIES. Fisheries Act. 89 P art I.— P reliminary . Provided further that where a license is granted subject to terms and conditions every renewal or transfer thereof shall, unless the Minister directs otherwise, be deemed to be granted under and subject to those terms and conditions. 12. (1.), The Minister may cancel or suspend any Cancellation, license granted by him— suspension, (i.) If there has been a substantial change in 0f licenses, circumstances since the grant of that license : cf. 5 Geo. v. or ® aNmo.en2d3ed( a) , s (ii.) If the holder of that license for the time8'47' being is convicted of an offence against this Act or *“ The Fish Supply Management Acts, 1935 to 1951 ” or, in relation to fish or oysters, f“ The Criminal Code ” ; or (iii.) If the holder of that license for the time being fails in any respect to comply with the terms and conditions subject to which that license is granted; or (iv.) If the license has been granted upon false or erroneous information. (2.) Suspension of a license shall whilst it is in force have the same effect as a cancellation of the license and the Minister may, when suspending a license, fix the period of its suspension or he may suspend it without fixing the period of its suspension. Suspension of any license shall not extend, upon the termination of that suspension, any period during which that license would ordinarily have remained in force if it had not been so suspended. (3.) Where the Minister has upon any date suspended a license without fixing the period of its suspension, the onus of proof that such license is in force at any later date shall be on the defendant, but without prejudice to the right of the prosecutor to adduce evidence proving or tending to prove that such license is not in force at that later date. * 26 G. 5 No. 33 and amending Acts, f 63 V. No. 9, Sch. I., and amending Acts.

90 P art I.— P reliminary . FISHERIES. Fisheries Act . 6 E liz . II. No. 11, (4.) The licensee shall not be entitled to claim, or receive any compensation in respect of such cancellation, suspension, or any expense he may have incurred in acting or with a view to taking action under such license. (5.) On cancellation, the license affected thereby and all rights, interests, and privileges thereunder shall absolutely cease and determine. (6.) The powers of cancellation and suspension conferred by this section shall be in addition to and not in substitution for or in diminution of any other power of cancelling or suspending the license in question conferred by any other provision of this Act. (7.) Without limiting the mode of cancelling or suspending a license, any license may be cancelled or suspended by notice published in the Gazette. (8.) Any license granted, or deemed to be granted, under this Act may, with the prior permission of the Minister, be surrendered. General 13. (1.) Any inspector, in addition to such other ipnoswpeecrtsoorfs. powers and duties as from time to time devolve upon Cf. 55 Vic. bim under this Act, may— No. 29, s. 6. 5 Geo. V. (i.) Call to his aid— . No. 23 (as amended), (а) Any member of the Police Force where he s. 44. 26 Geo. V. No. 39 (as has reasonable cause to apprehend any obstruction in the exercise of his powers amended), s. 16. or in the execution of his duties ; (б) Any person he may think competent to assist him in making any inspection or examination; (ii.) Make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with in respect of any whaling, pearling, oystering, or any other fishery, and the persons and vessels employed in connection therewith ; (iii.) Question, with respect to matters under this Act, the occupier of any premises, the owner or charterer or master or person in charge of any vessel, every person whom he finds in

1957. FISHERIES. Fisheries Act. 91 part i .— PRBLMINABY. any premises or vessel, and every person who has been within the preceding six months employed in or on any premises or vessel to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers ; (iv.) Require the production of any license, certificate of inspection, or of competency, or other certificate, and of any book, notice, record, list, or writing which by this Act is required to be had, kept or exhibited, or which is in his opinion material to any inquiry under paragraph (ii.) of this subsection, and inspect, examine, and take copies of or extracts from the same ; (v.) At any time, stop, board, or enter upon or into, examine, search, and muster the persons on board any vessel used, or which he suspects to be used, in connection with any whaling, pearling, oystering, or any other fishery; (vi.) At any time, search and examine all bags,55 vic- baskets, vehicles, or other receptacles for 22° Geo.Sv. * holding or carrying pearl shell, trochus,No. 10.s-4- beche-de-mer, green snail, oysters, coral, shell-grit, or fish or other marine product or suspected so to be, and for that purpose the inspector may require the owner or person in charge thereof to open any such bag, basket, vehicle, or other rjeceptacle, as the case may be, and expose its contents to view; (vii.) Between sunrise and sunset, enter any premises, and search for any pearl shell, trochus, beche-de-mer, green snail, oysters, coral, shell-grit, or fish or other marine product which may have been taken, had in possession, or sold, or any net or other apparatus which is reasonably suspected of having been used or prepared for use, contrary in any respect to this Act, and. sjeizej take away, detain, and secure the same pending proceedings ;

92 P ast i .— beliminaby . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (viii.) Seize, take away, detain, and secure, pending proceedings, any vessel, net, gear, tackle, dredge, windlass, trawl, or other apparatus, pearl shell, trochus, beche-de-mer, green snail, oysters, coral, shell-grit, or fish or other marine product which any person has used, is using or has obtained, or is suspected of using or having obtained, contrary in any respect to this Act; (ix.) At all times and seasons, without let or hindrance, enter upon and pass along the banks or borders of any river, stream, or lake, and enter upon such river, stream, or lake with vessels or otherwise, and enter upon and examine all tributaries, sluices, mill-pools, mill-dams, mill-races, and watercourses communicating therewith, and pass along the same; (x.) Exercise such other powers and authorities as may be prescribed ; and (xi.) Arrest any person found offending against this Act whose name and address are unknown to him. (2.) Any inspector who has reasonable grounds to suspect that there is kept or stored or had in possession by any person, in or upon any premises or vessel, any explosive, poisonous, or other noxious material for any purpose contrary to this Act, or in respect of which there has been a contravention of this Act, may at any time— (i.) Enter upon and search such premises or vessel and any box or package there ; and (ii.) Seize any such thing found there ; and (iii.) Arrest any person found there or who is apparently in occupation of or charge of the premises or vessel, or in possession of such thing. (3.) Any inspector may at any time— (i.) Stop any person whom he suspects of carrying or conveying any explosive, poisonous, or other noxious material for any purpose contrary to this Act; and

1957. FISHERIES. Fisheries Act. 93 P art I.—- P reliminary . (ii.) Search such person, and interrogate him as to the contents of any package or as to anything then in his possession; and (iii.) Examine any such package or thing ; and (iv.) If any explosive, poisonous, or other noxious material is found in his possession seize the same and arrest him. (4.) If such person arrested by an inspector pursuant to subsection two or subsection three of this section does not give an account to the satisfaction of the adjudicating court of the explosive, poisonous, or other noxious material in relation to which he was arrested being in the place where it was so seized or of his possession of it, he shall be liable to a penalty not exceeding one hundred pounds. (5.) Where under this Act an inspector is empowered to seize any thing, such power shall extend to and include any bag, package, or receptacle, and any heap or othe~ collection containing such thing ; and, in addition to any penalty to which any offender may he liable, such thing and such bag, package, receptacle, heap, or collection containing it so seized may, upon conviction of the offender, be forfeited to the Crown by the adjudicating court. i (6.) An inspector may, by notice in writing served on any fisherman, require the fisherman to notify him when he lands in any port or place specified in the notice with any fish in his possession. When any such inspector has been notified, he may, by a further notice in writing, require such fisherman to submit such fish for inspection by himself or some other person specified by him at the time and place specified in the notice, and such fisherman shall, when so required, submit such fish for inspection accordingly. Any fisherman who fails in any respect to comply with the requirements of a notice under this subsection shall be guilty of an offence. Penalty: Fifty pounds. (7.) Any inspector who— Inspector may requ (i.) Finds any person committing or who name and reasonably suspects any person of having address. committed an offence against this Act; or

94 P art I.— P reliminary . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (ii.) Is making inquiries or investigations -with a view to establishing whether or not an offence against this Act has been committed by any person; or (iii.) Is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling him to carry out his powers and duties under this Act, may require such person to state his name and address, or name or address, and, if he has reasonable ground to suppose that the name and address, or name or address, given is false, may require evidence of the correctness thereof. Inspector may requisition boats, &c. (8.) Any inspector may, at any time, require any person in charge of any vessel to permit such inspector to use such vessel, and any engine or oars or paddles and rowlocks therein, for the purpose of carrying out any of his powers and duties under, or enforcing any of the provisions of, this Act. Any person refusing to permit an inspector so to use a vessel, or faffing to facilitate such a use of a vessel by an inspector, shall be guilty of an offence. Penalty: Fifty pounds. The Chief Inspector shall pay to the person deprived of the use of any vessel by reason of the use thereof by an inspector such sum as he considers reasonable, provided that the amount so paid shall not exceed ten shillings per hour during the time the vessel is used, together with an amount equal to the cost of repairing the damage (if any) caused to the vessel during the time it is used. Returns. 5 Geo. V. No. 23 (as amended), s. 49. (9.) An inspector may, by notice in writing served on any person, require such person to furnish to him or to some other person or officer specified by him at the time or times and the place (if any), as specified in the notice, a statement in writing in respect of any period of time specified in the notice (or if so required in such notice periodical statements in respect of the periods of time specified in the notice) of all pearl shell, trochus, beche-de-mer, green snail, fish or oysters taken or consigned or received, whether as principal or agent or salesman, by such person, showing the quantity

1957. FISHERIES. Fisheries Act. 95 , P ast I.— P eeuminaey . of each species of any of the aforesaid to which the notice relates and the waters in which they were taken respectively. Such person shall likewise furnish a statement containing such additional information as to the men, vessels, and equipment employed in the taking of any of the aforesaid to which the notice relates, as an inspector by any such notice shall so require of him. A person who in any respect contravenes the requirements of such a notice or who furnishes any statement required by such a notice which is false or misleading in any respect shall he guilty of an offence. Penalty: Fifty pounds. 14. (1.) A person shall not— obstructing (i.) Assault, resist, or obstruct an irjspector in inspector, the exercise of his powers or in the discharge 66°'Vic. to.ofjdhois; dourties under this Act, or attem ^ pt s 5 o N N o oG. e 2 2 o 3 9 . , s ( va . . s 17. (ii.) Fail to facilitate by all reasonable means ^®nded)’ the boarding of any vessel by an inspector ; or 26 Geo. v. ... _ ., . ... No. 39 (as (m.) Fail to answer any question put to him in amended), pursuance of this Act by an inspector ors- 5 (2)- give to any such question an answer which is in any respect false or misleading; or (iv.) Fail to comply with the lawful requisition or any part of the lawful requisition of an inspector; or (v.) When required by or under this Act to furnish any assistance or to furnish any imormation to an inspector, fail to furnish thai assistance or information, as the case may he, or, in the latter case, furnish information which is in any respect false or misleading ; or (vi.) Fail, without reasonable excuse the proof whereof shall lie upon him, to produce any license, certificate of inspection, or of competency, or other certificate, or hook, notice,, record, list, document, or writing which he is required under this Act by an inspector to produce, or fail to allow an inspector to take a copy of or extract from any such license, certificate, book, notice, record, list, document, or writing; or *

$6 P art I.— P reliminary . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (vii.) Directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or (viii.) Use any threat or any abusive or insulting language to any inspector or to any other person with respect to any inspection or examination or questioning. Penalty: Where the offence is related to whaling, two hundred pounds and, in any other case, one hundred pounds. (2.) No person shall be required under this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself. (3.) In this section the term “ inspector ” includes any person acting under lawful authority under or pursuant to this Act. P art II.— W haling . P art II.—W haling . Taking or killing of 15. (1.) A person shall not take— certain kinds of whales (i.) Any right whale ; prohibited. 26 Geo. V. (ii.) Any gray whale ; No. 39 (as amended), s. 6. (iii.) Any calf or suckling whale or immature whale ; or No. 62 of 1935 (C’th.) (iv.) Any female whale accompanied by a calf or (as amended), suckling whale. s. 6. (2.) Any person who has in his possession any calf or whale taken in contravention of this section^ or any part or product of any such calf or whale, shall be guilty of an offence. (3.) For the purposes of this section, a whale of any description shall be deemed to be immature if it is of less length than that prescribed in relation to whales of that description. (4.) Any person guilty of an offence against this section shall be liable to a penalty of two hundred pounds or to imprisonment for three months, or to both such penalty and imprisonment; and in addition an amount equal to the value of the products (if any) obtained or obtainable from the whale.

1957. FISHERIES. Fisheries Act . 97 P art ii ._ whaling .' 16. (1.) It shall be unlawful for a vessel to be used Taking for taking or treating whales, or for \ factory to be used ”h^tmg for treating whales unless the ow ier or charterer of without a the vessel or the occupier of the 1 ctory is the holder v of a license authorising the vessel < the factory, as the No. 39 (as’ case may be, to be so used. amended), Penalty (on owner, charterer, or master of a vessel No. 62 of or occupier of a factory): Two huidred pounds and, in <c th) atadkdeitnioonr, ttrweaotehdunindrceodntproauvnednstioinn orefstpheicstsoecfteioanc. h whale " s a . m 7 e . nded), (2.) A vessel designed and equipped for taking or treating whales shall in the absence of proof to the contrary be deemed to be used for taking or treating whales. 17. A vessel designed and equipped for taking Unlicensed or treating whales shall not be brought into ahy port or ^^ring place in Queensland unless the owner or charterer of the Queensland, vessel is the holder of a license authorising the vessel^® to be used for taking or treating whales, or the vessel is amended)3, duly authorised by the Government of the country whose ^g,62 of flag she flies to engage in taking or treating whales. 1935 (C’th.) Penalty (on owner, charterer, or master): One tended), thousand pounds. s. 8. ’ 18. The owner, charterer, or master of any vessel, or Possession of the manager or occupier of any factory, or occupier of^j^y&0-’ any premises on shore in which is found any whale or taken or any part or product of a whale the taking or treating *rKe^' ^ of which is an offence shall be guilty of an offence. Penalty : One thousand pounds. No. 39 (as amended), s9 No.* 62 of 1935 (C’th.) (as amended), s. 9. 19. (1.) Subject to this Act, the Minister may in Licenses to his absolute discretion grant to the owner or charterer ®£kmg 0*r in of any vessel or the occupier of any factory a license to treating engage in taking whales or in treating whales, as the v case may be : No. 39 °(as’ Provided that no such license shall be granted to the ^“j^ded)’ owner or charterer of any vessel not registered in Australia No. 62 of unless the vessel is duly authorised by the Government of ^f5 the country whose flag she flies to engage in taking amended), or treating whales. ® 8. 10.

98 P art II.— W haling . FISHERIES Fisheries Act. 6 E liz . II. No. 11, (2.) A license granted to the owner or charterer of a vessel shall be granted in respect of the vessel named therein and of whale catchers or chasers (if any) attached to that vessel to the number specified in the license, and a license granted to the occupier of a factory shall be granted in respect of the premises specified therein. (3.) A license granted under this section shall be for such period not exceeding five years as is fixed by the Minister and specified in the license. (4.) Fees of prescribed amounts shall be payable in respect of licenses under this section for each year or part of a year in respect of which the license is granted. Until prescribed the annual amounts of such fees shall be— (a) In the case of a license to engage in taking whales—One hundred pounds for the vessel and fifty pounds for each whale catcher or chaser attached thereto ; and (b) In the case of a license to engage in treating whales—Two hundred pounds. (5.) In addition to the fees payable in pursuance of subsection four of this section, there shall be payable in respect of any such license such royalties or other payments as the Minister determines. Conditions 20. (1.) A license to engage in taking whales or o26f lGiceeon.seVs. . in treating whales shall be granted upon and subject No. 39 (as to the following conditions :— amended), s. 11. No. 62 of 1935 (C’th.) (i.) That the fullest possible use is made of the carcasses of whales taken or treated and, (as amended), s. II. in particular, that there is extracted, by boiling or otherwise, the oil from all blubber and from the head and tongue and from the tail as far forward as the outer opening of the lower intestine: Provided that this condition shall not apply to such parts of a whale as are intended to be used for human food, or to the complete treatment of dauhval, or of whales used as fenders where the meat or bone of those whales is in bad condition ;

1957. FISHERIES. Fisheries Act , 99 P art ii .— W haling . (ii.) That, in the case of a license to engage in treating whales, the vessel or factory used for the purpose is equipped with adequate apparatus for the extraction of oil from the blubber, flesh, and bones ; (iii.) That in the case of whales brought on shore, adequate arrangements are made for utilising the residues after the oil has been extracted; (iv.) That there is kept on board the vessel or in the factory a record of every whale taken or treated, with the following particulars:— (a) Date of taking, ( b ) Place of taking, (c) Species, ( d ) Sex, (e) Length—measured out of water, (/) When foetus is present, length alnd sex, if ascertainable, ( g ) When practicable, information as to the stomach contents, and j (h) Information as to the number of whales of each species lost. For the purposes of this paragraph, the length of each whale shall be the length taken at rest on deck or platform from the point of the upper jaw to the notch between the flukes of the tail; (v.) That in the case of a vessel the owner or master of the vessel shall in each year furnish to the Minister a return in the prescribed form containing the following particulars :— (a) The name and tonnage of the vessel, ( b ) The name and tonnage of each whale catcher or chaser attached to the vessel, (c) A list of the land stations which were in operation in connection with the vessel during the period in which the vessel was engaged in taking or treating Whales, ( d ) The particulars referred to in the last preceding paragraph of this subsection, and

100 P art II.*— W haling . FISHERIES. Fisheries Act. 6 E li z . II. No. 11, (e) The amounts of oil of each grade and the quantities of meal, guano, and other products derived from whales taken by the vessel; and (vi.) Such other conditions (whether in addition to or in substitution for the foregoing conditions or any thereof) as are prescribed or as the Minister sees fit to impose. (2.) Where the Minister is satisfied that there has been any contravention of or failure to comply with any condition upon which a license was granted, the Minister may cancel the license. (3.) The Minister may require any applicant for a license or any licensee to give security to his satisfaction for compliance with the conditions of the license and of the requirements of this Act. (4.) Where any applicant for a license, or a licensee, fails or refuses to give security in accordance with subsection three of this section, the Minister may, in the case of an applicant, refuse to grant a license, and in the case of a licensee, cancel the license. Permits to 21. Notwithstanding anything contained in this atankdetreat Part, the Minister may grant to any person a special whales for permit in ■writing authorising that person to take and pscuirepnotisfeics. treat whales for purposes of scientific research or for 26 Geo. V. other exceptional purposes subject to such restrictions Namo. en3d9e(da) s, as to number and subject to such other conditions as the No.^62 of Minister thinks fit, and the taking or treating of whales 1935 (C’th.) in accordance with a permit in force under this section (as shall be exempt from the operation of the foregoing sa. m1e2n.ded), provisions of this Part. Owners of 22. The owner, charterer, or master of any vessel vaensdseflasctories and the occupier of any factory engaged in treating to furnish whales shall in respect of each season in the prescribed r2e6tuGrenos.. V. form or a form to the like effect and within the prescribed No. 39 (as time furnish a return of the number of each species of sa. m1e3n.ded), whale treated in the vessel or at the factory and of the No. 62 of amounts of oil of each grade and the quantities of meal, a( 1am9s3e5nd(Ce’ dt) h,.) gsuucahnoo, thaenrd moathtteerrspraosdaurcetsprdeesrcirviebdedf. rom them and of s. 13. Penalty : One hundred pounds.

1957. FISHERIES. Fisheries Act. 101 P art II,— W haling . 23. Where the owner, charterer, or master of a vessel authorised under this Act to be used for taking or treating not*to orew whales engages gunners and other members of the crew depend on. of the vessel on terms such that their remuneration is 20 Geo. v. made dependent to any extent on results, he shall engage No. 39 (as them on terms that— amended), (i.) Their remuneration shall depend, to that ^°356^c“[h > extent, upon such factors as the size, species, (as ' value, and yield of oil of the whales taken ; amended), (ii.) Their remuneration shall not depend only upon the numbers of whales taken ; and (iii.) Remuneration in respect of any whale— (а) Which is of less length than that prescribed for the purposes of this section, (б) Which is milk filled or lactating, or (c) The taking of which is prohibited by this Act, shall be excluded. Penalty : One hundred pounds in respect of each gunner or other member of the crew so unlawfully engaged. 24-. (1.) Where— ( / 1 • .) \ A a ny w i ha i le t i ak i en ; or Forfeited " whales and whale (ii.) Any part or product of any whale taken, in contravention in any respect of this Part or of any tended)! condition of a license, is brought into any port or places- is. ’ in Queensland, that whale, part or product, as the case ms^c’th.) may be, shall be forfeited to the Crown. a( < m» ended), (2.) Any whale or any part or product of any whale8-15- so forfeited shall be disposed of as the Minister directs. 25. (1.) For the purposes of this Part an inspector Powers of maxr inspector to may board and (i.) Board any vessel or enter any factory which he has reason to believe is used for taking or 2e Geo. v. treating whales, and inspect the vessel or No. 39 (as factory and its plant and equipment; amended), (ii.) In the case of any such vessel, require the ^"66|c°th.) master and crew or any of them, or in the (as case of any such factory require the occupier ^gnded)’ or manager thereof and the employees therein

102 JPSJRT II.— WBAUN0- FISHERIES. Fisheries Act. 6 E liz . II. No. 11, or any of them to produce all such licenses, records, and other documents as the inspector considers it necessary to inspect, and to answer all such inquiries as he considers it necessary to make ; and (iii.) Take copies of or extracts from any 'license, record or other document produced to him. (2.) Any person who refuses to produce to an inspector any license, record or other document which he is required under this section to produce, or refuses to allow to be taken by an inspector a copy of or an extract from any such license, record, or other document or refuses to answer or answers falsely any inquiry made of him by an inspector, or obstructs or refuses facilities to an inspector in the exercise of his powers under this section shall be guilty of an offence. Penalty : One hundred pounds. Inspector 26. (1.) At least two inspectors may go on board manadyrbeomaaridn any vessel which is used for treating whales and shall be on board entitled to remain on board the vessel, to be provided with H26o. G3e9o. (aVs. psurbesseisnttenacteallanodperaactcioonmsminodcaotnionnectitohnerweiint,h tahnedtrteoatinbge as.m1e7n.ded), of whales on board the vessel. Ho. 62 of 1935 (C’th.) (2.) There shall be paid to the owner or master of (as the vessel in respect of each day during which any as.m1e7n.ded), inspector remains on board the vessel such sum as may be prescribed for the provision of subsistence and accommodation of an inspector boarding the vessel and remaining on board the vessel in pursuance of this section. P art III.— P earling . P abt III.—P earling . What vessels 27. For the purposes of this Act, a vessel shall be ednegemageeddtionbe deemed to be used for pearling— pearling. 45 Vic. Ho. 2, s. 2. (i.) If the vessel is used as a place of abode or refuge, or for storing provisions, for persons Ho. 8 of 1952 (C’th.), s. 5 (2). employed in or for the purposes of pearling or persons engaged in superintending the operations of persons so employed ; (ii.) If the vessel is used for transporting, other than as a seagoing vessel under a transire, or as a place for storing, pearl shell, trochus, beche-de-mer, or green snail;

1957. FISHERIES. Fisheries Act. 103 P ast IJ1. - P earling . (iii.) If the vessel is used as a place from which persons dive for pearl shell, trochus, beche-de- mer, or green snail, or is used in the immediate collection of pearl shell, trochus, beche-de-mer, or green snail; or (iv.) If the vessel is otherwise used in or for the purpose of pearling. 28. (1.) Subject to this section, the Governor in. License of Council from time to time may grant to any person, for b^l!dtU’ such period not exceeding seven years and subject mer, &c., to such terms, conditions, and exceptions as in each cf0'^dyic individual case he thinks fit and subject otherwise to No. 29, s. i6. this Act, a license to take, store, cultivate, and propagate J4 pearls, pearl shell, trochus, beche-de-mer or green • * snail within the limits of the area to which the license relates. (2.) Such a license— (i.) May be granted in relation to any part of any Queensland waters (including the land thereunder) and may also relate to any adjacent land above high water mark being the property of the Crown, and may he granted so as to relate to an area of any size or shape ; (ii.) Shall not he granted nor be deemed to have been granted in relation to any reserve under this Act or to any land or area subject to a subsisting license under this Act; (iii.) Shall not prejudice or otherwise affect any lawful estate, interest, or right of any person in or over any part of the area to which the license relates, under any subsisting grant or license made or granted by or on behalf of the Crown, nor, subject to this Act, any right of navigation or any right belonging to or enjoyed by the public over any part of such area, and every such estate, interest, and right shall to the extent herein indicated be deemed to be saved in such a license and shall not be invaded by the person to whom the license is granted ;

104 PABTITJ.*- P eabiing . FISHERIES. Fisheries Act . 6 E liz . II. No. 11, and such license shall be deemed to be subject to an express condition containing the provisions of this subparagraph (iii.); (iv.) Shall specify therein the marine products for which the license is granted, and the period of time for which, and the terms, conditions, and exceptions subject to which, • that license is granted; (v.) Shall define the area to which the same relates by such means as may be reasonably sufficient to identify the boundaries thereof; (vi.) Shall remain in force during the period of time for which it is granted subject to the payment at the prescribed times of such fees as may at the respective times when those fees become payable be prescribed in that behalf by the regulations, and subject otherwise to subsection three of this section ; (vii.) May set forth therein the person or persons in whom the property in all improvements (if any) effected by the licensee, his executors and administrators, and permitted assigns, on the area to which the license relates shall vest when the license expires or is otherwise determined and the manner in which the same shall be dealt with or disposed of; (Where the license is silent on these matters, then all improvements as aforesaid shall upon the expiry or other determination of the license vest in the Crown and may be dealt with or disposed of in accordance with the Minister’s direction); and (viii.) Shall grant to the licensee, his executors, administrators, and assigns permitted by the Minister (all of whom are in this Act in relation to such a license included in the term “ licensee ”), subject to the terms, conditions, and exceptions contained in the license and subject otherwise to this Act, the sole and exclusive right during the currency of that license by himself or themselves, his or their servants and agents, and others acting with his or their authority, to take, store, cultivate

1957. : FISHERIES. Fisheries Act. 105 P ar * HI,— P earling . and propagate the marine products for which the same is granted within the limits of the area to which the license relates. (3.) If at any time during the currency of a license granted under this section, the Governor in Council is satisfied— (i.) That any term, provision, or exception subject to which the license is, or is by this Act deemed to be, granted has not beep observed by the licensee ; or (ii.) That the licensee is mismanaging or misusing the area to which the license relates ; or (iii.) That proper steps for the cultivation and propagation of the marine products for which the license has been granted have not been taken within the time specified in the license ; or (iv.) That there has been a substantial change in circumstances since the grant of the license ; or (v.) That the licensee has been convicted of an offence against this Act or *“ The Fish Supply Management Acts , 1935 to 1951” or, in relation to fish or oysters, f“ The Criminal Code ” ; or (vi.) That the license has been granted upon false or erroneous information ; or (vii.) That the prescribed fees for the grant or continuance of the license have not been, duly paid at any of the prescribed times, the Governor in Council may, by notice published in the Gazette , cancel or suspend such license, and the licensee shall not be entitled to claim or receive any compensation in respect of such cancellation or suspension, or any expenses he may have incurred in acting or with a view to taking action under such license. Suspension of a license shall whilst it is in force have the same effect as a cancellation of the license and the Governor in Council may, when suspending a license, fix the period of its suspension or he may suspend it without fixing the period of its suspension. * 26 G. 5 No. 33 and amending Acts, f 63 V. No. 9, Sch. I., and amending Acts.

106 P am in — p *4*1™8- .. ...... ~ FISHERIES. Fisheries Act. 6 E liz . II. No. 11, Suspension of any license shall not extend, upon the termination of that suspension, any period during which that license would ordinarily have remained in force if it had not been so suspended. Where the Governor in Council has upon any date suspended a license without fixing the period of its suspension, the onus of proof that such license is in force at any later date shall be on the defendant, but without prejudice to the right of the prosecutor to adduce evidence proving or tending to prove that such license is not in force at that later date. On the publication of such notice of cancellation in the Gazette the license affected thereby and all rights and privileges thereunder shall absolutely cease and determine. (4.) It is unlawful during the currency of any such license for any person except the licensee, his servants or agents, or other persons acting with his authority, to take any pearls, pearl shell, trochus, beche-de-mer, or green snail, for which such license has been granted, within the area comprised in such license. (5.) A license under this section 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. If upon such an application, the Governor in Council is satisfied that the applicant has systematically worked and utilised the area to which the application relates, the Governor in Council may grant the applicant a fresh license under this section in preference to all other persons for a period not exceeding five years. Preference as aforesaid shall not be given to any licensee in respect of more than one fresh license. Pearls, pearl (6.) Subject to this Act, all pearls, pearl shell, Property0 trochus, beche-de-mer, and green snail of whatever of licensee; kind, for which a license under this section has been granted, being within the limits of any area comprised in such license shall be the absolute property of the licensee, and in all courts, and for all purposes, shall be deemed to be in the actual possession of the licensee, as the case may be.

1957. FISHERIES. Fisheries Act . 107 P art IIL— P earling . (7.) Any person who— disturbing (i.) (Being other than the licensee, the servantsarea- and agents and other persons acting with the authority of the licensee), within the limits of any area comprised in a license under this section— (a) Takes any pearls, pearl shell, trochus, beche- de-mer, or green snail for which the license has been granted; or ( h) Interferes with, disturbs, or injures in any manner the area, the pearl shell, trochus, beche-de-mer, or green snail for which the license has been granted thereon, or any work lawfully carried out thereon ; or (c) Dredges for or deposits any ballast or other substance ; or (d) Drags or places any apparatus Or other thing hurtful to the area, the pearl shell, trochus, beche-de-mer, or green snail for which the license has been granted thereon, or any work lawfully carried out thereon, (except for the purpose of carrying out any works authorised by any Act, including any regulation or other instrument thereunder, or except by any lawful authority or for any lawful purpose of navigation i including anchorage); or j (ii.) Without the permission of the IV^inister or Dealing with any officer appointed by him for that purpose, ^eu^. transfers pearl shell, trochus, beche-de-mer, ’ or green snail affected with any disease from any area under license to any other area, shall be guilty of an offence. Penalty: Two hundred pounds. (8.) It shall be unlawful to employ or use a vessel in taking, collecting, cultivating, or propagating pearls, pearl shell, trochus, beche-de-mer, or green snail under the authority of and in accordance with a license under this section unless the owner or charterer of the vessel

108 P a & t III.— PEARLING. FISHERIES. Fisheries Act. 6 E liz . II. No. 11, has also obtained from the Minister a license under section twenty-nine of this Act authorising the vessel to be used for pearling. Penalty : Two hundred pounds. Other 29. (1.) Subject to this Act the Minister may, rliecsepnescets oinf upon payment of the prescribed fee, grant— pearling. 45 Vic. No. 2, $. 4. 50 Vic. No. 2, s. 6. (a) To the owner or charterer of a vessel a license authorising that vessel to be used for pearling ; (b) To a person in charge of a vessel used for pearling (being a vessel the person in charge whereof is not required to hold a certificate of competency under *“ The Navigation Acts, 1876 to 1950,”) a license authorising that person to be in charge of that vessel; (c) To a person employed in pearling as a diver, and using a diving apparatus, a license authorising that person to be so employed ; (d) To a person employed in pearling as a diver’s tender, a license authorising that person to be so employed : Provided that a license may authorise the person named therein to be employed in both capacities referred to in paragraphs (6) and (c) of this subsection. Every vessel in respect of which a license mentioned in paragraph (a) of this subsection is granted shall be deemed to be so licensed at the port specified in the license. Paragraph (6) of this subsection applies so that— (i.) A license mentioned therein shall not authorise or be deemed to authorise the holder thereof to be in charge of any vessel the person in charge whereof is required to hold a certificate of competency by and under *“ The Navigation Acts, 1876 to 1950 ” ; or (ii.) A holder of a certificate of competency under *“ The Navigation Acts, 1876|to 1950,” whereby he is authorised to be in charge of any vessel, shall not be required by that paragraph ( b) to also hold in respect of that vessel the license therein mentioned. 41 V. No. 3 and amending Acts.

1957. FISHERIES. Fisheries Act. ' 109 P am III.— rtaam. (2.) Unless sooner cancelled, suspended orCf- v»c. surrendered under this Act, a license under this PartNo*2’8'5' shall be in force on and from the date of the grant thereof and thereafter until the next succeeding thirty-first day of January. 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 Minister may, in his absolute discretion, on the application of the holder of a license under this Part in respect of a vessel and of another person as proposed transferee and upon payment of the prescribed fee, transfer the license to that other person. (4.) Upon an application in writing, the Minister may, in his absolute discretion, remit, wholly or in part, the prescribed fee payable for a license in respect of a vessel used for pearling, owned or operated by a Mission for the aboriginals situated in Queensland, and manned by a mission crew. 30. (1.) A license under this Act in respect of a Quaiifica- vessel used for pearling shall not be granted unless oX^of that vessel is owned— vessel used for (а) By persons who are British subjects under pearling and within the meaning of the *Nationality ^ 633 and Citizenship Act 1948-1953, of the ’ ’ ' Commonwealth; or (б) By a body corporate consisting wholly of members who are such British subjects and incorporated according to the law of some part of the British Commonwealth. For the purposes of this section any person who owns or acquires (by sale, charge, lease, hire, transfer or otherwise howsoever) any interest, either legal or beneficial in any vessel shall be deemed to be an owner of that vessel. (2.) If any person or body corporate not qualified as prescribed by this section becomes an owner of any vessel used for pearling, thereupon and thereby any license in force under this Part in respect of that vessel shall become and be void and of none effect. * No. 83 of 1948, and amending Acts of the Commonwealth.

110 L AJtVX 111.----- PBiMiuo. FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (3.) The Minister may, in writing, grant an exemption from this section in respect of any vessel— (а) Owned by an alien or in the ownership whereof any alien has an interest; or (б) Owned by a body corporate whereof any alien is a member, if the Minister is satisfied that such alien resides, and intends to make his permanent home, in the Commonwealth. The Minister may at his absolute discretion revoke any exemption granted by him under this subsection and thereupon and thereby any license granted or continued in force pursuant to that revoked exemption shall become and be void and of none effect. The powers of the Minister under this subsection shall not be capable of being delegated by him. When 31. (1.) Before granting a license under .this Part no'ttoCTant in respect of a vessel the Minister shall satisfy himself license m by reference to the reports and certificates of surveyors vtssd* °f duly appointed pursuant to the provisions of *“ The vesse . Navigation Acts, 1876 to 1950 ” and inspectors duly appointed pursuant to the provisions of The Inspection of Machinery Acts, 1951 to 1954 ” and otherwise as he deems fit that the vessel is seaworthy and that the propelling machinery and equipment of the vessel including (but without limiting the generality of the meaning of the term “ equipment ”) life-saving equipment, fire-fighting equipment, and any diving dress, air pump, engine, or other mechanical means of operating any air pump, air tube, or other gear carried or proposed to be carried in the vessel are sufficient and in good condition. If not satisfied in all respects as provided in this section the Minister shall refuse to grant the license. (2.) To the extent to which regulations under this Act or any other Act make provision with respect to the sufficiency or condition of any of the things referred to in this section, the Minister shall satisfy himself of compliance with those provisions before granting the license. * 41 Y. No. 3 and amending Acts, f 15 G. 6 No. 33 and amending Act.

1957. FISHERIES. Fisheries Act. Ill P P a e r a t r i l i in i . g — . 32. (1.) The Minister shall not grant a license under Diver to be this Part to a person authorising that person to be™t®dicalIy employed in pearling as a diver and to use a diving apparatus, unless and until that person produces to the Minister a certificate signed by a government medical officer, or by some other duly qualified medical practitioner approved by the Minister and stating that such government medical officer or medical practitioner has medically examined that person on a date not earlier than thirty days before the production to the Minister of that certificate and that he is physically fit to engage in pearling as a diver and to use a diving apparatus. (2.) The Minister shall not grant a license under this Part to a person authorising that person to be employed diver’s in pearling as a diver’s tender and to attend bn a divertender employed in pearling and to be in charge of the diving operations while such a diver is under water unless and until he shall have been employed on a vessel engaged in pearling for at least two complete seasons. 33. The Minister may, in his absolute discretion, grant a license under this Part in respect of a vessel upon ^ respect and subject to all or any of the following conditions,of vessels. n n a a m m e e i l y v * . D 19 f 6 . 2 No (C . .t 8 h o ^ f (i.) That the use of the vessel for pearling is88'9’10 (6)' limited to taking only such of them, namely, pearl shell, trochus, beche-de-mer, and green snail, or such quantities of all or any of them, as are specified in the license ; T j (ii.) That the use of the vessel for pearling is prohibited within an area, or during a period of time, or both within an area and during a period of time specified in the license and either generally or in respect of such of them namely, pearl shell, trochus, beche-de-mer, and green snail as are specified in the license ; (iii.) That the use of the vessel for pearling by a method or equipment specified in ihe license is prohibited either generally or in respect of such of them namely, pearl shell, trochus, beche-de-mer, and green snail as are specified in the license ;

112 P art III.— P earling . FISHERIES Fisheries Act. 6 E liz . II. No. 11, (iv.) That the vessel is maintained so as to he seaworthy at all times, and that the propelling machinery and equipment of the vessel, including (but without limiting the generality of the meaning of the term “ equipment ”) life-saving equipment, fire-fighting equipment, and every diving dress, air pump, engine, or other mechanical means of operating any air pump, air tube, and all other gear carried in the vessel are maintained so as to be sufficient and in good condition at all times and where regulations whether under this or any other Act make provision with respect to the sufficiency or condition of any of the things referred to in this paragraph of this section, then to the extent provided in such regulations. Penalty in 34. (1.) It shall be unlawful for a vessel to be used preesaprelicntgof in Queensland waters for pearling unless the owner or without charterer of the vessel is the holder of a license under laipcepnrsoep. riate this Part authorising the vessel to be so used. 45 Vic. No. 2. ss. 3, 6. Penalty (on owner, charterer, or person in charge 50 Vic. No. 2 of vessel): Two hundred pounds. ss. 6, 11. ? (2.) It shall be unlawful for a person not thereunto authorised by a license under this Part to be in charge of a vessel at any time when that vessel is used for pearling. Penalty (on person so in charge and owner or charterer, if any, so employing him, or authorising or permitting such employment): One hundred pounds. This subsection does not apply in respect of a person lawfully authorised to be in charge of the vessel concerned by a certificate of competency under *“ The Navigation Acts, 1876 to 1950.” (3.) It shall be unlawful for a person not thereunto authorised by a license under this Part to be employed whether on his own account or by another person in pearling as a diver using diving apparatus. Penalty (on person so employed and person, if any, so employing him or authorising or permitting such employment): One hundred pounds. *•41 V. No. 3 and amending Acts.

1957. FISHERIES. Fisheries Act. 113 PART III.— PEARLING. (4.) It shall be unlawful for a person not thereunto authorised by a license under this Part to be employed in pearling as a diver’s tender. Penalty (on person so employed and person, if any, so employing him or authorising or permitting such employment): One hundred pounds. 35. (1.) This section does not apply with respect to Engagement persons engaged as seamen or otherwise under and in pursuant to *“ The Navigation Acts, 1876 to 1950.” pearling. Cf. 50 Vie. (2.) The owner, charterer, or person in charge ofNo- 2’s-5* any vessel used for pearling shall enter into an agreement, in accordance with the provisions of this section, with every diver, seaman, and other person employed in that vessel: Provided that the shipping master or other prescribed person may require that the agreement be entered into by the owner or charterer of that vessel. The agreement may be for service either in a particular vessel or in two or more vessels owned or chartered by the same person. (3.) Every such agreement shall be in or to the effect of the prescribed form, shall contain the prescribed particulars, and shall be entered into in the presence of the shipping master or other prescribed person. Every stipulation in any agreement, inconsistent with any provision of this Act, shall be void. (4.) Every such agreement shall be— (i.) In duplicate; (ii.) Executed by the parties thereto in the presence of, and attested by, the shipping master or other prescribed person in whose presence it is entered into ; and (iii.) Read over and explained by the shipping master or other prescribed person to any and every person (other than the owner, charterer, or person in charge of the vessel concerned) before he signs it. 41 V. No. 3 and amending Acts.

114 pabt in— P eariihg . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (5.) The shipping master or other prescribed person in whose presence the agreement is entered into shall retain one copy thereof and deliver the other to the person in charge of the vessel concerned. (6.) (a) A shipping master may hear and decide any questions between an owner, charterer, or person in charge of any vessel used for pearling and a diver, seaman or other person employed on that vessel arising under the aforesaid agreement which either party requests him to hear and decide: Provided that if the shipping master is of opinion that the question so arising is one which ought to be decided by a court, he may refuse to decide it. The decision of the shipping master on any question submitted under this subsection shall be final and conclusive as to the rights of the parties. (b) A document under the hand of the shipping master and purporting to be a question submitted to him under this subsection or his decision upon such a question shall, without proof of the signature thereof, be admissible in all courts as evidence of the contents thereof. (c) A shipping master for the purpose of hearing and determining any such question— (i.) May, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine, and may require answers or returns to any inquiries he thinks fit to make ; (ii.) May require and enforce the production of all books, papers, documents, or things whatsoever which he considers important for the purpose of making a decision and for that purpose may inspect and detain the same ; and (iii.) May require any person appearing before him whether or not that person has been required by him to appear, to be examined on oath or affirmation, and may administer the oath or affirmation, or, instead of so doing, may require any such person to make and subscribe a declaration of the truth of the statements made by that person in his examination.

1957. FISHERIES. Fisheries Act. 115 P art III.— PEARMNO. (d) Every person commits an offence who— (i.) When required under this subsection to do so by a shipping master— (a) Pails, after having had a tender made to him of the expenses (if any) to which he is entitled, to attend at the time and place specified, or fails to remain in attendance until excused; or (b) Fails to make oath or affirmation, or fails to subscribe a declaration of the truth of statements made by him in examination ; or (c) Fails to make any answer, or to produce any certificate, book, instrument, paper, document, or thing whatsoever within his power or under his control; (ii.) Makes in reply to any question adjdressed to him by a shipping master under this subsection any statement which is false or misleading in any respect; or (iii.) Contravenes or fails in any respect to comply with the decision of a shipping master upon a question submitted to that shipping master under this subsection. Penalty : One hundred pounds. (e) Every person who is required by a summons under the hand of a shipping master to appear before that official and so attends before him shall, upon application therefor, be allowed such expenses as may be prescribed. (7.) A person under the age of fifteen years shall not be in charge of, or employed in any capacity whatsoever in, a vessel used for pearling. An owner or charterer of a vessel used for pearling shall not engage a person under the age of fifteen years to be in charge of, or employed in any capacity in, that vessel. Penalty : One hundred pounds. (8.) A person in charge of a vessel used for pearling who employs or permits or allows to be employed in that vessel— (a) Any person under the age of fifteen years ; or

116 P art iii .— P earling . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, (b) Any person with whom he or the owner or charterer of the vessel has not entered into the agreement prescribed by this section, shall be guilty of an offence. Penalty : Fifty pounds. (9.) A person under the age of eighteen years shall not be employed in pearling as a diver or a diver’s tender. An owner, charterer, or person in charge of a vessel used for pearling who employs or permits or allows to be employed in pearling as a diver or diver’s tender, any person under the age of eighteen years shall be guilty of an offence. Penalty: In the case of an owner or charterer, one hundred pounds ; in the case of a person in charge of a vessel used for pearling, fifty pounds. Payment of 36. (1.) This section does not apply with respect wONfao.g. 6e30s2.V, si. c. 2. ptourpseurasnotntsoe* n“ga T g h e e d N a a s vi s g e a a t m io e n n A o c r ts , o1th87er6w to iseI9u6n0.d”er and (2.) Any and every payment of wages and any other moneys payable under the agreement entered into pursuant to section thirty-five of this Act to any diver, seaman, or other person (not being the person in charge) employed in any vessel used for pearling shall be made to such diver, seaman, or other person through or in the presence of a shipping master or other prescribed person. This subsection does not apply to the payment of wages or other moneys as aforesaid permitted by a shipping master or other prescribed person to be made otherwise than through him or in his presence ; it being hereby declared that a shipping master or other prescribed person may exempt from being made in compliance with the requirements of this subsection any such payment save that made on discharge or termination of the aforesaid agreement. (3.) Where payment of wages and other moneys referred to in subsection two of this section is prescribed to be made at periodical intervals, those periodical payments shall be made as prescribed by that subsection. * 41 V. No. 3 and amending Acts.

1957. FISHERIES. Fisheries Act. 157 PART VI.— G eneral . (7.) In any proceedings on a complaint any order which the court is empowered to make may be made without an application or complaint being made in respect thereof, notwithstanding anything to the contrary in this or any other Act. 93. For the purpose of giving jurisdiction under Jurisdiction this Act and without derogating from the provisions *° of section one hundred and thirty-nine of *“ The Justices 45 Vio.No. 2 , Acts, 1886 to 1956,” every offence shall be deemed to8-*4- have been committed, and every cause of complaint to no .*23 (as have arisen, either— amended), s. 42. (i.) In the place in which it actually Was 26 Geo. V. committed or arose ; or No. 39 (as amended), (ii.) In any place in which the offender or person8-19- complained against is, or was arrested or served with the summons for the offence in question, or where any vessel or other thing connected with any offence under this Act is found. 94. Where a person is convicted of any offence Forfeiture against this Act the court convicting that person may“nviotion order to be forfeited to the Crown any vessel, tackle, 46 vie. No. 2, dredge, windlass, trawl, whale, pearl shell, trochus,s-14- beche-de-mer, green snail, oyster, fish, coral, shell-grit, ^^3 or other marine product, and any net, gear, or other amended), apparatus, and other thing whatsoever (whether seized ^Geo v under this Act or not) related to, or connected with, the No. 39'(as commission of the offence of which that person is ame5nded)> convicted, or may make such other order with respect n q. 62 of to any such things as it thinks fit. 1935 (c>th-) amended), s. 15. No. 8 of 1952 (C’th.), s. 14. 95. All penalties recovered and fees paid under this Application Act shall be paid into the Treasury. forfeitures, Any vessel, tackle, dredge, windlass, trawl, whale, ^Geo. y. pearl shell, trochus, beche-de-mer, green snail, oyster,No 23 (« fish, coral, shell-grit, or other marine product, net, gear, or other apparatus, and other thing whatsoever ’ * 50 V. No. 17 and amending Acts.

158 P art VI.— G eneral . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, forfeited under this Act shall be disposed of in accordance with any general or special direction of the Minister, and if sold the proceeds shall be paid into the Treasury. Fees to be also recoverable by action as for a debt. 96. Any amount of fees payable under this Act and not paid shall be recoverable by the Chief Inspector or by a person authorised by the Minister by action (in his official name, or, as the case may be, in the name of that authorised person), as for a debt in any court of competent jurisdiction. The remedies for the recovery of amounts of fees payable under this Act and not paid provided by this section and by section ninety-two of this Act shall be alternative and neither such remedy shall prejudice or otherwise affect the other excepting that resort shall not be had to both those remedies in respect of any one and the same amount of fees. Summary 97. If any person appears to an inspector to have pforroctereiadlinogfs committed an offence against this Act, the inspector offences. may— 55 Vic. No. 29, s. 10. 5 Geo. V. (i.) Without summons, warrant, or other process, take the offender and, if necessary, the vessel No. 23 (as amended), s. 43. to which he belongs and the crew thereof before justices, either at a place appointed Cf. No. 8 of 1952 (C’th.), s. 11 (e), (/). for holding courts of petty sessions or not, and the justices shall then and there hear and determine the matter in a summary way ; or (ii.) By writing under his hand, which writing shall, for all purposes, have the force and effect of a summons issued by a court of petty sessions, require the offender and, if necessary, the master and crew of the vessel to which he belongs to proceed with or without the vessel to the port or place appointed for holding courts of petty sessions which is, in the opinion of the inspector, most convenient, there to appear before justices on a date to be specified in such writing to answer for such breach, and the justices shall hear and determine the matter in a summary way. In any case the inspector may seize, take away, detain and secure the vessel and all articles and things connected with or reasonably supposed to be connected with the alleged offence until the alleged offence has been adjudicated upon ; and for that purpose the inspector

1957. FISHERIES. Fisheries Act. 159 P art VI.— G eneral . may order the person in charge thereof to bring such vessel or articles or things to a place which in his opinion is most convenient for safe custody. A person to whom such an order is given shall not fail to comply in every respect with the requirements of that order. Penalty: Two hundred pounds. 98. When an offence against this Act has been Master of committed by a person employed in or in connection with a vessel, the master or the person for the time liable for being in charge of such vessel shall also be guilty of the offence unless he proves that he issued by proper orders for the observance, and used all g“y°yees' reasonable means to enforce the observance, of No. 29 , this Act, and that the offence in question was|-^v actually committed by some other person without his No. 23 (as Connivance. amended), s. 4o. 99. A person shall not Forgery of license, &c. (1.) forge or counterfeit any license, permit, certificate, or other authority under this Act; or • (ii.) Utter, or make use of any such license, permit, certificate, or other authority so forged or counterfeited ; or (iii.) Personate any person named in any license, permit, certificate, or other authority granted under this Act; or (iv.) Falsely pretend to be an inspector ; or (v.) Connive at any such forging, counterfeiting, uttering, making use, personating, or pretending as aforesaid. Penalty: One hundred and fifty pounds or imprisonment for six months. 100. A person shall not when required by or Refusal to under this Act to furnish any information or to subscribe [^^tion a declaration as to the truth of any information— &c. (i.) Fail to furnish that information, or to ^^ 3 , 1.'lf. subscribe that declaration ; or (ii.) Furnish any information or subscribe any declaration that is false or misleading in any respect. Penalty : One hundred pounds.

160 P art VI.— G eneral . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, lsRiuceestpnuesrnensd, eod& f co. r, other 1 a 0 u 1 t . hoWrithyenis usunsdpeerndthedis orArcetvoakelidc, enthsee, n ptherempietr, soonr revoked. to whom that license, permit, or other authority was granted shall, if requested by any inspector, deliver forthwith to that inspector that license, permit, or other authority. Penalty : Fifty pounds. If default in delivering any such license, permit, or other authority is continued by any person who has been convicted of the offence of failing to deliver that license, permit, or other authority, then that person shall be deemed to commit a continuing offence and shall be liable to a penalty of not more than five pounds for each and every day during which that offence is continued : Provided that the continuing offence in respect of such non-delivery shall not be deemed to commence until the expiration of fourteen days from the date of conviction as aforementioned. Service of documents. Cf. 55 Vic. No. 29, s. 18. 5 Geo. V. No. 23 (as amended), s. 50. 102. A notice, order or other document empowered, authorised or required by a provision of this Act to be served upon, or given or delivered to any person by the Chief Inspector or any other inspector may be so given, delivered or served— (i.) By delivering the same or a copy thereof personally to that person, or by leaving the same or a copy thereof at his last known place of abode or business; (ii.) If that person is the person in charge of a vessel or a person belonging to a vessel, by leaving the same or a copy thereof for him on board that vessel with the person being or appearing to be in command or charge of the vessel, and explaining to that person the purport thereof; (iii.) By prepaid post letter containing the same or a copy thereof and addressed to that person at his business or residential address, in which case it shall until the contrary is proved be deemed to be so served, given or

1957. FISHERIES. Fisheries Act. 161 PART VI.— G eneral . delivered at the time when that letter would be received by that person in the ordinary course of post; or (iv.) By prepaid certified mail letter containing the same or a copy thereof and addressed as aforesaid, in which case the production in evidence of the proper receipt from a post office for that letter shall, until the contrary is proved, be sufficient proof that it was so served, given or delivered upon the date when that letter would have been received by the person concerned in the ordinary course of post. this A 1 c 0 t 3 — . In a proceeding under or for a purpose of Fo5faGpceirlooit. oaVft. i.on (i.) It shall not be necessary to prove the ^endedf, appointment of the Chief Inspector or of si. ’ any other inspector ; no J smm (ii.) A signature purporting to be that of the “n^nded)’ Chief Inspector or of any other inspector shall be taken to be the signature it purports to be until the contrary is proved ; ( (iii.) It shall not be necessary to prove the authority of the Chief Inspector or any other inspector to do any act or take any proceeding, but this shall not prejudice the right of any defendant to prove the extent of such authority; (iv.) In any proceeding for an offence under this Act alleged or averred by the prosecutor to have been committed in Queensland waters, the offence shall be presumed to have been committed in Queensland waters unless and until the contrary is proved ; (v.) A document purporting to be a duplicate or copy of a license, permit, certificate, notice or order granted, given, or made under this Act shall, upon its production in Evidence, be evidence of that license, permit, certificate, notice, or order, and in the absence of evidence in rebuttal, shall be conclusive Evidence thereof; F

162 F art VI— general . FISHERIES. ~ Fisheries Act. 6 E liz . II. No. 11, (vi.) A document purporting to be signed by the Chief Inspector and stating that at any specified time there was or was not in force a license, permit, or certificate under this Act as described therein issued to a specified person, or in respect of a specified thing, or that any such license, permit, or certificate was or was not subject to terms, conditions, or restrictions or was or was not issued subject to the terms, conditions, and restrictions set out in that document shall, upon its production in evidence, be evidence of the matter or matters in the document, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters ; (vii.) A document purporting to be signed by the Chief Inspector and certifying that the amount of fees or other moneys specified therein is payable under this Act and has not been paid by a specified person shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter or matters ; (viii.) Where the age of a person is material, the adjudicating court may, if that person is charged or present before it, decide, upon its own view and judgment, whether he has or has not attained the prescribed age, but nothing in this paragraph shall be construed to prevent the age of that person being proved; (ix.) The averment in any complaint of the date on which the commission of any offence under this Act came to the knowledge of the complainant shall be evidence of that matter, and in the absence of evidence in rebuttal shall be conclusive evidence of such matter ; (x.) In which it is material to prove that any person or vessel was engaged, employed, or used in taking fish or oysters for sale, evidence that any person or vessel was engaged,

".... 1957. ‘ FISHERIES ....... Fisheries Act. .. \ ' 163 P art Vi.— generai . employed, or used in taking fish or oysters shall be evidence, which until the contrary is proved shall be deemed to be conclusive evidence, that he or it was engaged, employed, or used in taking fish or oysters for sale. 104. (1.) The Governor in Council may from time Regulations, to time make such regulations providing for all or any^o^s is. purposes, whether general or to meet particular cases, 63 Vic. as in his opinion are convenient for the administration of this Act or as in his opinion are necessary or expedient No. 23 (as for carrying out the objects and purposes of this Act. amended), Without limiting the generality of the foregoing provisions of this section, regulations may be made for amended), or in respect of all or any of the following purposes, s‘ 21' matters, and things— (i.) Prescribing, providing for, regulating and controlling the powers and duties of the Chief Inspector, other inspectors and other officers ; (ii.) Prescribing and regulating and controlling Licenses, applications for and the granting of, or any &0- class of, licenses, permits, certificates, and other authorities under this Act and the subscribing of declarations as to the truth of any statements in such applications ; the provisions, conditions, and restrictions subject to which in pursuance of this Act such licenses, permits, certificates, and other authorities or any class thereof may be granted, and all or any matters and things relating to the surrender, transfer, cancellation, suspension, and endorsement, of such licenses, permits, certificates, or other authorities, the notification of change in any of the particulars required to be inserted in applications or in licenses, and the issue of duplicates for any of them which may be lost or destroyed, or whereon the particulars have become illegible ; (iii.) Prescribing fees payable under this Act on Fees, such basis or bases as the Governor in Council considers appropriate and the matters in respect of which such fees shall be paid,

164 P art VI.— generai . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, and prescribing the persons by whom and the places and times when and where such fees shall be paid so that fees of different amounts and different bases for the calculation of fees may be prescribed both in relation to different matters and, by reference to different persons, localities, or circumstances, the same matters ; (iv.) Prescribing and regulating and controlling the rights of priority as between holders of licenses whether of the same class or description or not and prescribing the rules for taking the marine products appropriate to any license under this Act; (v.) Prescribing the manner in which the tonnage of vessels shall be ascertained ; (vi.) Prescribing forms under this Act and the respective purposes for which such forms or forms to like effect shall be used ; (vii.) Prescribing returns of any prescribed information, statistics, and data to be furnished to the Minister or the Chief Inspector and the contents thereof, by such persons or all persons comprised in such classes of persons as may be prescribed, and the time and mode of making and furnishing the same ; (viii.) Prescribing, regulating and controlling the engagement and discharge of divers, seamen, and other persons employed in a vessel used for pearling including the number of all or any of the various descriptions of persons to be carried, the place of engagement and discharge, the agreement, qualifications of such persons, accommodation, victualling, health, advances on account of wages, assignment of wages, payment and settlement of wages, rights to wages, jurisdiction of court as to wages, duration and termination of engagement and rights thereon, discipline, and compensation for premature discharge ; (ix.) Prescribing, regulating and controlling the sale or disposal of any vessel, tackle, dredge, windlass, trawl, whale, pearl shell, trochus, \

1957. FISHERIES. Fisheries Act. 165 P art VI.— G eneral . beche-de-mer, green snail, oysters, fish, coral, shell-grit, or other marine product, net, gear or other apparatus, and other thing whatsoever seized under this Act, unclaimed, or of which the owner is unknown, or cannot, within three months after such seizure, be ascertained, and the disposal of the proceeds of any such sale ; (x.) Prescribing with respect to vessels engaged or used in pearling the requirements in relation to life-saving equipment and fire­ fighting equipment of every description and the maintenance and repair thereof; (xi.) Prescribing the amount of any penalty for any offence against any regulation, provided that any such penalty, where the offence is related to whaling, shall not exceed one hundred pounds and in any other case, shall not exceed fifty pounds ; and (xii.) All matters required or permitted by this Act to be prescribed excepting such a matter so required to be prescribed otherwise than by regulation. (2.) The power to make with respect to any pearling, whaling, oystering, or other fishery, or any other matter or thing whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters, or things. The power to make any regulation shall include power thereby to prohibit either generally or to meet particular cases. The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (3.) Regulations may be made under this Act at any time after the passing hereof.

166 paiit yi — G eneral . FISHERIES. Fisheries Act. 6 E liz . II. No. 11, CoPfuoubOnlriccdiael, rtis& oincn. and r 1 e 0 gu 5 l . at ( io 1 n .) mEavdeeryunPdreorctlhaims aAticotns, haOllr— der in Council, 5 Geo. V. No. 23 (as (i.) Be published in the Gazette ; amended), s. 53. (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; (iii.) Take effect from the date of such publication unless, in the case of any regulation, a late? date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date ; and (iv.) Be laid before Parliament within fourteen sitting days after such publication, if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament disallowing the same or part thereof, that Proclamation, Order in Council, regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, or regulation. Inaccurate 106. No misnomer, inaccurate description, or d&ecs.criptions, omission in or from any Proclamation, Order in Council, 5 Geo. V. regulation, license, order, notice, or other act of saN. mo5.e4n2.d3e(da) s, aaburthidogreitythuenodpererathtiiosnAocft tshhiasllAicnt awniythwriseesppercet vteontthoer subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood.

1957. FISHERIES. Fisheries Act . 167 S chedules . SCHEDULES. SCHEDULE I. [s. 5.] Date of Act. Title of Act. 45 Vic. No. 2 .. . 50 Vic. No. 2 .. . 55 Vic. No. 29 . 57 Vic. No. 7 .. . 60 Vic. No. 32.. . 63 Vic. No. 3 .. . 4 Geo. V. No. 12 . 5 Geo. V. No. 23 . 9 Geo. V. No. 14 . 22 Geo. V. No. 10 . 23 Geo. V. No. 30 . 26 Geo. V. No. 10 . 26 Geo. V. No. 39 . 1 Edw. VIII. No. 14 9 Geo. VI. No. 28 . 4 Eliz. II. No. 37 . 44 The Pearl-shell and Beche-de-mer Fishery Act of 1881 ” 44 The Pearl-shell and Beche-de-mer Fishery Act Amendment Act of 1886 ” 44 The Pearl-shell and Beche-de-mer Fishery Act Amendment Act of 1891 ” 44 The Pearl-shell and Beche-de-mer Fishery Acts Amendment Act of 1893 ” 44 The Pearl-shell and Beche-de-mer Fishery Act Amendment Act of 1896 ” 44 The Pearl-shell and B&che-de-mer Fishery Acts Amendment Act of 1898 ” 44 The Pearl-shell and Beche-de-mer Fishery Acts Amendment Act of 1913 ” 44 The Fish and Oyster Act of 1914 ” 44 The Fish and Oyster Act Amendment Act of 1918 ” 44 The Pearl-shell and Beche-de-mer Fishery Acts Amendment Act of 19H ” 44 The Fish and Oyster Acts Amendment Act of 1932 ” 44 The Fish and Oyster Acts Amendment Act of 1935 ” 44 The Whaling Act of 1935 55 44 The Whaling Act Amendment Act of 1936 ” 44 The Fish and Oyster Acts Amendment Act of 1945 ” 44 The Fish and Oyster Acts Amendment Act of 1955 ” Ceratodus. Female crabs. SCHEDULE II. [s. 71.]

168 SCHEDULES. FISHERIES. Fisheries Act. 6 E liz . II. No. II, 1957. [s. 71.] SCHEDULE III. Species of Fish. Inches. Black Cod.......................... 13 Black Fish or Black Bream 10 Bonito .. .. .. 14 Bream .. .. .. 9 Crabs (including sand crabs) 6 Darts .. .. ., 13 Flathead.......................... 13 Freshwater Perch .. 10 Garfish (sea) .. .. 9 Garfish (river) .. .. 8 Giant Perch (or Barra- mundi) .. .. .. 20 Golden Perch (or Yellow Belly).......................... 11 Jewfish .. .. .. 15 John Dory .. .. 10 King Fish .. .. 14 Mackerel .. . .. 14 Maori .. . 12 Morwong .. .. 12 Mullet (sea and mangrove) 12 Mullet (Fan tail) .. .. n Species of Fish. Inches. Mullet (all other species) 9 Murray Cod .. .. 15 Parrot Fish .. .. 12 Pearl Perch .. .. 12 Perch .. .. .. 9 Pike .. .. .. 12 Prawns .. .. .. 3 Bed Emperor .. .. 12 Red Rock Cod .. .. 10 Salmon .. .. .. 13 Samson Fish .. .. 14 Sole .. .. .. 8 Squire .. .. .. 10 Sweet Lip .. .. 12 Tailer .. .. .. 10 Tarwhine .. .. 10 Teraglin .. .. .. 14 Trevally .. .. .. 12 Trevally (Black) .. 10 Trumpeter .. .. 10 Whiting .. .. .. 9* Note as to Measurement .—All fishes, except Garfish, Prawns, and Crabs, are measured over all—that is, from the point of the snout to the end of the tail. Garfish are measured from the tip of the upper jaw to the end of the upper half of the tail; Prawns from eye to tip of tail; Crabs at greatest measurement across shell. FRUIT MARKETING ORGANISATION. See P rimary P roduce .