Fisheries Adjustment Schemes Amendment Act 1990 (WA)

WESTERN AUSTRALIA

FISHERIES ADJUSTMENT SCHEMES

ENDMENT ACT

No. 41 of 1990

AN ACT to amend the Fisheries Adjustment Schemes Act 1987.

[Assented to 21 November 1990.]

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Fisheries Adjustment Schemes

Amendment Act 1990.

Commencement

2. This Act shall come into operation on such day as is fixed by

proclamation.

No. 41] Fisheries Adjustment Schemes Amendment Act [1990

Principal Act

3. In this Act the Fisheries Adjustment Schemes Act 1987* is

referred to as the principal Act.

[*Act No. 57 of 1987.]

Section 4 amended

4.    Section 4 of the principal Act is amended

(a) in subsection (1)—

(i)    by deleting "a fishery" and substituting the following-

" one or more fisheries "; and

(ii)    by inserting after "that fishery", wherever it occurs, the following-

" or those fisheries ";

(b) in subsection (4)-

(i)	by inserting after "adjustment scheme" the	fallowing
ti

which relates to more than one fishery "; and

(ii)    by deleting "Fishing Industry News Service (FINS)" and substituting the fallowing

CC

the publication known as "Western

Fisheries" ";

and

(c) in subsection (6) by deleting "Fisheries Adjustment Schemes

Trust".

1990] Fisheries Adjustment Schemes Amendment Act [No. 41

Section 5 amended

5.    Section 5 of the principal Act is amended in subsection (2) (a)

by deleting "amount of levies" and substituting the following-

" fees ".

Section 8 amended

6.    Section 8 of the principal Act is amended

(a) in subsection (1) by deleting "levy" and substituting the following-

fee ";

(b) by inserting after subsection (1) the following subsection

44

(la) A holder of a licence who is liable to pay a fee under subsection (1) in respect of a single fishery shall not

(a) engage in fishing; or

(b) use the fishing unit to which the fisheries adjustment scheme relates,

in the particular fishery to which the fisheries

adjustment scheme relates unless

(c)	the fee has been paid; or
(d)	written permission has been obtained from the Director.

Penalty: $20 000. ";

(c) in subsection (2) by deleting "levy" wherever it occurs and

substituting in each place the following-

" fee ";

(d)	in subsection (3) by deleting "levy" and substituting the following-
" the fee ";

No. 41] Fisheries Adjustment Schemes Amendment Act [1990

(e) in subsection (4)-

(i)    by deleting "An amount of levy" and substituting the following-

" A fee "; and

(ii)    by deleting "amounts of levy" and substituting the following-

" fees ";

and

(f) in subsection (5) by deleting "levy" and substituting the

following-

" fee ".

Section 9 amended

7.    Section 9 of the principal Act is amended in paragraph (b) by

deleting "levies" and substituting the following-

" fees ".

Section 11 amended

8.    Section 11 of the principal Act is amended

(a) in subsection (1) by deleting "a particular fishery, the Minister may" and substituting the following

CC one or more fisheries, the Minister shall ";

(b)	in subsection (2) (a) by inserting after "fishery" the following-
" or fisheries "; and
(c)	in subsection (3) (b) by inserting after "fishery" the following-
" or fisheries ".

1990] Fisheries Adjustment Schemes Amendment Act [No. 41

Section 13 amended

9.    Section 13 of the principal Act is amended by deleting "fees"

and substituting the following-

" remuneration ".

Section 15 amended

10.    Section 15 of the principal Act is amended in subsection (2) by

deleting "in response to a requirement under that subsection or

furnishes information" and substituting the following

EC or, in response to a requirement under that subsection,

furnishes information ".

Section 16 amended

11.    Section 16 of the principal Act is amended by deleting "levy"

and substituting the following-

" fee ".

Section 17 amended

12.    Section 17 of the principal Act is amended by deleting "to any

levy" and substituting the following-

" for any fee ".