Fisheries Adjustment Schemes Amendment Act 2009 (WA)

Western Australia

Fisheries Adjustment Schemes Amendment

Act 2009

Western Australia

Fisheries Adjustment Schemes Amendment

Act 2009

CONTENTS

1.	Short title	2
2.	Commencement	2
3.	Act amended	2
4.	Section 3 amended	2
5.	Section 8 amended	2
6.	Section 9 amended	4
7.	Section 10B amended	4
8.	Section 14B amended	4
9.	Section 14D amended	5
10.	Section 14E amended	6
11.	Schedule 1 amended	6

Western Australia

Fisheries Adjustment Schemes Amendment

Act 2009

No. 38 of 2009

An Act to amend the Fisheries Adjustment Schemes Act 1987.

[Assented to 3 December 2009]

The Parliament of Western Australia enacts as follows:

Fisheries Adjustment Schemes Amendment Act 2009

s. 1

1.             Short title

This is the Fisheries Adjustment Schemes Amendment Act 2009.

2.             Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	the rest of the Act — on the day after that day.

3.             Act amended

This Act amends the Fisheries Adjustment Schemes Act 1987.

4.             Section 3 amended

After section 3(3) insert:

(4) In subsection (3) —

reducing, in relation to a number, amount or quantity,

includes reducing the number, amount or quantity to

zero.

5.             Section 8 amended

(1)	In section 8(1) delete “every holder” and insert:
the holder
(2)	After section 8(1) insert:

(2A)

Without limiting the Interpretation Act 1984

section 45, regulations made for the purposes of

Fisheries Adjustment Schemes Amendment Act 2009

s. 5

subsection (1) in relation to a voluntary fisheries

adjustment scheme may provide —

(a)	that different fees are payable by different holders of authorisations;
(b)	that specified holders of authorisations are not liable to pay fees.

(3) In section 8(3):

(a) delete “each authorisation” and insert:

an authorisation

(b) after “reference to” insert:

the entitlement under an authorisation, including

(4) After section 8(3) insert:

(3AA)

Without limiting subsection (3), fees may be fixed

under this section for the purposes of a fisheries

adjustment scheme that will allow recovery of

expenditure that has been or is to be incurred in —

(a)	the payment of interest and other outgoings associated with amounts borrowed under section 7 for the purposes of the scheme; and
(b)	the administration of the scheme.

(5)

In section 8(3a) delete “has not paid any fee referred to in

subsection (1)” and insert:

is liable to pay any fee referred to in subsection (1) and

has not paid the fee

Fisheries Adjustment Schemes Amendment Act 2009

s. 6

6.             Section 9 amended

In section 9:

(a) in paragraph (b) delete “applies; and” and insert:

applies and have paid fees under section 8 in

respect of those authorisations; and

(b) after each of paragraphs (a) and (aa) insert:

and

7.             Section 10B amended

In section 10B(2):

(a) in paragraph (a) delete “scheme;” and insert:

scheme, including, if applicable, the objective

of enabling the surrender of all the

authorisations relating to the fishery or

fisheries; and

(b) after paragraph (b) insert:

and

8.             Section 14B amended

In section 14B(3):

(a) in paragraph (a) delete “scheme;” and insert:

Fisheries Adjustment Schemes Amendment Act 2009

s. 9

scheme, including, if applicable, the objective of cancelling all the authorisations relating to the fishery or fisheries; and

(b) in paragraph (e) before “specify” insert:

if not all the authorisations relating to the

fishery or fisheries are to be cancelled,

(c) after each of paragraphs (b), (c) and (d) insert:

and

9.             Section 14D amended

In section 14D(2):

(a) in paragraph (a) delete “scheme;” and insert:

scheme, including, if applicable, the objective of cancelling all the authorisations relating to the fishery or fisheries; and

(b) in paragraphs (d) and (e) after “if ” insert:

not all the authorisations relating to the fishery

or fisheries are to be cancelled and

(c) after each of paragraphs (b), (c) and (d) insert:

and

Fisheries Adjustment Schemes Amendment Act 2009

s. 10

10.           Section 14E amended

Before section 14E(1) insert:

(1A)

This section does not apply to a scheme under which

all the authorisations relating to the fishery or fisheries

are to be cancelled.

11.           Schedule 1 amended

In Schedule 1 clause 5 delete “telegram or telex” and insert:

telegram, telex, facsimile transmission, email or other

similar means