Fisheries (Amendment) Act 2003 (Vic)

Fisheries (Amendment) Act 2003

Act No. 56/2003

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	1
3.	Amendment to definition of "Secretary"	2
4.	Evidentiary matters	2
5.	Interpretation	2
6.	Consequential amendment	3
7.	New section 120—Further savings and transitionals	3

120.        Saving and transitional provisions—appointments

and delegations 3

8.	Amendments to definitions	4
9.	Annual reports	5
10.	New section 41—Transitional provision	6
41.	Transitional provision—annual reports	6
11.	Other consequential amendments	6

__________________

SCHEDULE—Consequential Amendments 7

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ENDNOTES 11

i

Victoria

No. 56 of 2003

Fisheries (Amendment) Act 2003†

[Assented to 16 June 2003]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to amend the Forests and Lands Act 1987 to provide for the responsibilities of the Secretary to the Department of Primary Industries under those Acts.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

Fisheries (Amendment) Act 2003

Act No. 56/2003 s. 3

3. Amendment to definition of "Secretary"

See:

In section 4(1) of the Fisheries Act 1995, for the	Act No.
definition of "Secretary" substitute—	92/1995. Reprint No. 3
' "Secretary" means the Secretary to the	as at 16 November

Department of Primary Industries;'.	2002 and
amending Act No.
80/2002. LawToday:
dpc.vic.
gov.au

4. Evidentiary matters

In sections 122(1)(g), 123(8), 124 and 124A of the substitute "signed by".

5. Interpretation

See:

(1) In section 3(1) of the Conservation, Forests and Lands Act 1987—	Act No.
41/1987. Reprint No. 4

(a) in the definition of "Department", for	as at 1 January
"Natural Resources and Environment"	1999
substitute "Sustainability and Environment";	and amending
(b) for the definition of "Secretary" substitute— ' "Secretary" means—	Act Nos 70/1998, 66/2000,
44/2001 and 72/2001.

(a) in relation to the Fisheries Act	LawToday:
1995 in section 11(2) and Part 9	dpc.vic.
(except section 94), the Secretary	gov.au
to the Department of Primary Industries; and
(b)	in any other case, the body corporate established by Part 2;'.

(2) In section 3(2) of the Conservation, Forests and

Lands Act 1987 for "Natural Resources and Environment" substitute "Sustainability and Environment".

Fisheries (Amendment) Act 2003

s. 6 Act No. 56/2003

(3) After section 3(2) of the Conservation, Forests and Lands Act 1987 insert—

"(2A) A reference in this Act to anything done or to be done by the Secretary by instrument under seal when referring to the Secretary to the

Department of Primary Industries is to be
taken to mean done or to be done by the

Secretary by instrument in writing.".

6. Consequential amendment

In section 98(2) of the Conservation, Forests and Lands Act 1987, for "(e) or (f) the Secretary would, if it" substitute "(e), (f) or (g) the Secretary would, if the Secretary".

7. New section 120—Further savings and transitionals After section 119 of the Conservation, Forests and Lands Act 1987 insert—

"120. Saving and transitional provisions—

appointments and delegations

If immediately before the commencement of the Fisheries (Amendment) Act 2003 there was in force—

(a)	an appointment of an authorised officer under section 83 for the purposes of the Fisheries Act 1995; or
(b)	a delegation under section 11(2) by the body corporate established under Part 2 of a power, function or duty under the

Fisheries Act 1995—

that appointment or delegation continues in
force subject to this Act and the Fisheries
Act 1995 as if it were an appointment or
delegation made by the Secretary to the
Department of Primary Industries.".

Fisheries (Amendment) Act 2003

Act No. 56/2003 s. 8

8. Amendments to definitions

See:

(1) In section 3(1) of the Surveillance Devices Act	Act No.
1999—	21/1999 and

(a) in the definition of "chief law enforcement	amending Act Nos
officer", in paragraph (c), for "the Secretary"	61/2001,
substitute "the person who appointed the	18/2002 and 35/2002.
authorised officer under that Act";	LawToday:
(b) omit the definition of "Secretary";	dpc.vic. gov.au
(c)	in the definition of "senior law enforcement officer", in paragraph (c), for "the Secretary" substitute "the person who appointed the authorised officer under that Act".

(2) For section 3(5) of the Surveillance Devices Act 1999 substitute—

"(5) If under the Public Sector Management

and Employment Act 1998 the name of the Environment is changed, a reference in section 37(1)(c) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.

(6) If under the Public Sector Management

and Employment Act 1998 the name of the changed, a reference in section 37(1)(d) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.".

Fisheries (Amendment) Act 2003

s. 9 Act No. 56/2003

9. Annual reports

In section 37(1) of the Surveillance Devices Act

1999—

(a) in paragraph (c)—

(i)

after "Secretary" insert "to the Environment";

(ii) insert "(other than those authorised

in sub-paragraph (i), after "1987" the Fisheries Act 1995)";

(iii)  in sub-paragraph (ii), for "appropriate." substitute "appropriate;";

(b) after paragraph (c) insert—

"(d) the Secretary to the Department of

Primary Industries must submit a report to the Minister that includes the following information—

(i)  the number of applications for warrants by and the number of warrants issued to authorised

officers within the meaning of the Fisheries Act 1995 during that year; and
(ii)	the use of surveillance devices and the administration of this Act that

any other information relating to appropriate.".

Fisheries (Amendment) Act 2003

Act No. 56/2003 s. 10

10. New section 41—Transitional provision

After section 40 of the Surveillance Devices Act
1999 insert—

"41. Transitional provision—annual reports Despite section 37(1) as amended by the Fisheries (Amendment) Act 2003, the first

annual report submitted under section
37(1)(c) after the commencement of that Act
must include information relating to warrants
that were applied for or issued for the
purposes of the Fisheries Act 1995 during
the calendar year to which the report

relates.".

11. Other consequential amendments

The Act specified in the heading to an item in the

Schedule is amended as set out in that item.

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Fisheries (Amendment) Act 2003

Sch. Act No. 56/2003

SCHEDULE

CONSEQUENTIAL AMENDMENTS

1. Agricultural and Veterinary Chemicals (Control of Use) Act 1992

1.1	In section 4(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
1.2	In section 4(6), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

2. Agricultural Industry Development Act 1990

In section 3, in the definition of "Department Head", for
"Department of Natural Resources and Environment"

substitute "Department of Primary Industries".

3. Barley Marketing Act 1993

3.1	In section 3(1), in the definition of "Victorian Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
3.2	In section 3(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

4. Broiler Chicken Industry Act 1978

4.1	In section 2, in the definition of "Department Head", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
4.2	In section 5(1) and (2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

5. Dairy Act 2000

In section 3, in the definition of "Department", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".

Fisheries (Amendment) Act 2003

Act No. 56/2003 Sch.

6. Domestic (Feral and Nuisance) Animals Act 1994

6.1	In section 3(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
6.2	In section 3(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

7. Drugs, Poisons and Controlled Substances Act 1981

7.1 In section 61(1), for the definition of "Secretary",

substitute—

' "Secretary" means the Secretary to the Department of

Primary Industries;'.

7.2 In section 119(ea), for "Department of Natural Resources

and Environment" substitute "Department of Primary
Industries".

8. Extractive Industries Development Act 1995

8.1 In section 3(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

8.2 In section 3(2)(b), for "Department of Natural Resources

and Environment" substitute "Department of Primary
Industries".

9. Livestock Disease Control Act 1994

9.1	In section 3(1), in the definition of "Secretary", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
9.2	In sections 3(2) and 87(3)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

10. Meat Industry Act 1993

10.1	In section 3(1), in the definitions of "chief veterinary officer" and "Secretary", for "Department of Natural Resources and Environment" substitute "Department of
Primary Industries".
10.2	In sections 3(1A), 30(6) and 48(2)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

Fisheries (Amendment) Act 2003

Sch. Act No. 56/2003

11. Melbourne Market Authority Act 1977

In section 40(2)(c), for "Department of Natural Resources
and Environment" substitute "Department of Primary

Industries".

12. Mineral Resources Development Act 1990

12.1	In section 4(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
12.2	In section 4(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

13. Murray Valley Citrus Marketing Act 1989

13.1	In section 3(1), in paragraph (a) of the definition of "Directors", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
13.2	In section 3(1), in the definition of "State director", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
13.3	In sections 3(2) and 51(3)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

14. Petroleum Act 1998

In section 4, in the definition of "Department", for
"Department of Natural Resources and Environment"

substitute "Department of Primary Industries".

15. Pipelines Act 1967

15.1	In section 23(1) and (2), for "Department of Natural Resources and Environment" (wherever occurring) substitute "Department of Sustainability and Environment".
15.2	In sections 41(2), 42(1)(b) and 47(2)(c) for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

16. Plant Health and Plant Products Act 1995

16.1 In section 3(1), in the definition of "Secretary", for
"Department of Natural Resources and Environment"
substitute "Department of Primary Industries".

Fisheries (Amendment) Act 2003

Act No. 56/2003 Sch.

16.2 In section 3(1A), for "Department of Natural Resources and
Environment" substitute "Department of Primary
Industries".

17. Prevention of Cruelty to Animals Act 1986

17.1	In section 3(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".
17.2	In section 3(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries".

18. Stock (Seller Liability and Declarations) Act 1993

In section 3(1), in the definitions of "Secretary" and
"Secretary of the Department", for "Department of Natural
Resources and Environment" substitute "Department of

Primary Industries".

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Fisheries (Amendment) Act 2003

Endnotes Act No. 56/2003

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 7 May 2003

Legislative Council: 10 June 2003

The long title for the Bill for this Act was "to amend the Fisheries Act
1995, the Conservation, Forests and Lands Act 1987, the Surveillance
Devices Act 1999 and various other Acts and for other purposes."