Fisheries (Further Amendment) 2003 (Vic)

Fisheries (Further Amendment) Act 2003

ts	Act No. 108/2003
n
e
m	TABLE OF PROVISIONS

u	Section	Page
c
o	PART 1—PRELIMINARY MATTERS	1
D

1. Purpose 1

ry 2. Commencement 2

ta	PART 2—ENFORCEMENT PROVISIONS	3
n	Division 1—Offences	3
e

3. Definitions 3

m 4. Insertion of section 7B 4

ia	7B.	Expanded meaning of "possession" of fish or fishing
rl	equipment 4

a	5.	Insertion of Division 1A into Part 7	4
P	Division 1A—Indictable Offences	4

d	111A.	Offence to traffick in a commercial quantity of a priority
n	species 4
a	111B.	Offence to take a commercial quantity of a priority
n	species within 24 hours 5
o
ti
111C.	Offence to possess a commercial quantity of a priority
species 5

6. Consequential amendment to section 6 5

la 7. Insertion of sections 119A and 119B 6

is	119A.	Offence to knowingly make false or misleading
statements in relation to priority species 6
g
e	119B.	Offence to make false or misleading statements 6
L	Division 2—Amendment to the Confiscation Act 1997	7

n	8.	Additional forfeiture and automatic forfeiture offences	7
a

ri Division 3—Powers of Authorised Officers 8

to	9.	Insertion of sections 101A—101I	8
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Section Page

101D.	Arrest on reasonable grounds not to be taken to be
unlawful 9
101E.	Power to arrest person released on bail 10

ts	101F.	Power to arrest a person against whom a warrant has
been issued 10
n	101G.	Power to search person for priority species 11
e	101H.	Records of searches 13
m	101I.	Information on searches to be included in annual report 13

u	10.	Extension of who may execute a search warrant	14
c	11.	Provision of name and address	14
o	12.	Authorised officers do not commit offences in certain
circumstances	14
D	13.	Offence to resist authorised officer performing duty	14

ry	Division 4—Other Enforcement Matters	15
ta	14.	Additional requirement to establish defence concerning actions of
n	agents 15
e	15.	Evidentiary and onus of proof provisions 15
16.	Insertion of sections 126A and 126B 16
m	126A. Evidence of weight or measurement 16
ia	126B. Label of can of abalone is evidence of contents 16
rl	17.	Time for bringing proceedings 16
a	18.	Insertion of section 128A 16
128A. Additional penalty for agents of licence holders 16
P	19.	Minor consequential amendment 17
d	20.	Increased penalties for corporations 17
n	21.	Insertion of section 130C 18
a	130C. Contempt of court proceedings if order breached 18
22.	Minor consequential amendments to the Magistrates' Court
n	Act 1989 18
o
ti	PART 3—OTHER AMENDMENTS	19

la	23.	Change to objective	19
is	24.	Insertion of section 11A	19
g	11A.	This Act applies to fisheries reserves on land	19
e	25.	Fisheries reserve management plans	19
L	26.	Alternative method for creating aquaculture licences	19
27.	Insertion of section 51A	20
n	51A.	Minister may determine that licences be publicly sold	20
a
ri	28.	Consequential amendment in relation to section 27	21
29.	Change to who may hold licence	21
to	30.	Insertion of sections 57A and 57B	22
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ii

Section Page

32.	Removal notice on cessation of aquaculture activities	24
33.	Insertion of section 61A	25

61A. Validation of direction published on 3 April 2003 25

ts	34.	Compensation arising if access licence cancelled by direction
under section 61 25
n	35.	Minister may restrict quota unit transfers involving sub-zones 27
e	36.	Insertion of section 64C 28
m	64C. No compensation payable for losses resulting from
u	quota orders	28

c 37. Insertion of section 65B 28

o	65B.	Minister may determine that quota units be publicly
sold 28

D	38.	Extension of meaning of "permitted amount"	29
ry	39.	Fisheries reserves	29
40.	Fisheries Co-Management Council membership	30
ta	41.	Insertion of section 141	30
n	141.	Fisheries Plant and Equipment Fund	30
e	42.	Insertion of section 145A	32

145A. Secretary may supply names to peak bodies 32

m	43.	Clarification of intent of suspension	33
ia	44.	Levies	33
rl	45.	Fisheries notices	33
a	46.	Repeal of abalone access licence fee cap	34
47.	Insertion of Part 11	34
P
PART 11—DETERMINATION OF DISPUTES	34
d
n	Division 1—Preliminary Matters	34
a	199.	Application of this Part	34
n	200.	Definitions	34
o

ti Division 2—Application/Referral Process 35

la	201.	Application or referral of disputed claim	35
202.	Jurisdiction	35
is	203.	Form of notice of referral	36
g	204.	Service of notice of referral on other parties	36
e	205.	Withdrawal application	36

L Division 3—Compulsory Conference in the Court 37

n	206.	Compulsory conference	37
a
ri	207.	Objects of compulsory conference	37
208.	Parties may vary offer or claim	37
to	209.	Settlement	38
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Section Page

Division 4—Determinations 38

210.	Determination of claim	38
211.	Principles to be applied in determining compensation	38

ts	212.	Costs	39
n	213.	Payment of compensation	40
e	214.	Supreme Court—limitation of jurisdiction	40

48. Membership and procedure of bodies 40

m	49.	Additional miscellaneous regulation-making powers	41
u	50.	Minor amendments	42

c	═══════════════
o

D	ENDNOTES	43
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ts
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c
o	Victoria
D
ry
ta
n	No. 108 of 2003
e
m
ia	Fisheries (Further Amendment) Act
rl	†

2003

a

P	[Assented to 9 December 2003]
d
n
a
n
o
ti	The Parliament of Victoria enacts as follows:
la
is	PART 1—PRELIMINARY MATTERS
g
e	1. Purpose
L
n	The purpose of this Act is—
a
ri	(a) to amend the Fisheries Act 1995—
to	(i) to create various indictable offences in

relation to trafficking in, taking and

ic	possessing abalone and rock lobster;
V	and

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Part 1—Preliminary Matters

s. 2

(ii)  to increase the powers of authorised officers in relation to the enforcement

ts	of that Act; and
n	(iii) to facilitate aquaculture activities; and
e	(iv) to modify and clarify the operation of
m	the compensation provisions of that
u	Act; and
c
o	(v) to generally improve the operation of
D	that Act; and

ry	(b)	to make consequential amendments to the
ta	Confiscation Act 1997 and the Magistrates'
Court Act 1989.
n

e	2. Commencement
m	(1) This Act (other than sections 5, 29(3), 30, 31, 44
ia	and 46) comes into operation on the day after the
rl	day on which it receives the Royal Assent.
a	(2) Subject to sub-sections (3) and (4), sections 5 and 44 come into operation on a day or days to be
P
d	proclaimed.
n
a	(3) If section 5 does not come into operation before
n	1 January 2005, it comes into operation on that
o
ti
day.

(4) If section 44 does not come into operation before

la	1 April 2004, it comes into operation on that day.
is	(5) Sections 31 and 46 come into operation on 1 April
g
e	2004.
L	(6) Sections 29(3) and 30 come into operation on
n	31 December 2004.
a
ri	__________________
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s. 3

PART 2—ENFORCEMENT PROVISIONS

ts	Division 1—Offences
n
e	3. Definitions
m	See:
u	In section 4(1) of the Fisheries Act 1995 insert

Act No.

c	the following definitions—	92/1995.
o	Reprint No. 3
' "commercial quantity" means—	as at
D	16 November

(a) in the case of abalone, one or more of the following— 2002 and

ry	amending
Act Nos
ta	24/2003

(i) 100 or more abalone; or and 56/2003.

n LawToday:

e (ii) 2 kilograms or more of dried
dpc.vic.

abalone; or

m	gov.au
ia	(iii) 10 kilograms or more of canned
rl	abalone (including the weight of
a	the cans and anything else in the
P	cans); or
d	(iv) 10 kilograms or more of abalone
n	in any other form (including
a	shells, ice or any other thing that
n	cannot readily be separated from
o
ti	the abalone in the form that it is
la	found);

is	(b)	in the case of rock lobster, 20 or more
g	rock lobsters;

e	"Department" means the Department of Primary
L	Industries;'.
n
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4. Insertion of section 7B

After section 7A of the Fisheries Act 1995

ts	insert—
n	'7B. Expanded meaning of "possession" of fish
e	or fishing equipment
m	Without limiting the meaning of "possess",
u
c	for the purposes of this Act a person
o	possesses a fish or an item of fishing
D	equipment if the fish or item is on any land or premises occupied by him or her, or is
ry	under the person's control, unless the person
ta	can satisfy the relevant court to the
n	contrary.'.
e	5. Insertion of Division 1A into Part 7
m
ia	After Division 1 of the Fisheries Act 1995
rl	insert—
a
P	'Division 1A—Indictable Offences
d	111A. Offence to traffick in a commercial
n	quantity of a priority species
a

(1) A person must not traffick in a commercial

n

o	quantity of a priority species unless he or she
ti	is authorised to do so under this Act.
la	(2) A person who contravenes sub-section (1) is
is	guilty of an indictable offence and is liable to
g	a penalty not exceeding level 5
e	imprisonment (10 years maximum).
L

(3) Without limiting sub-section (1), a reference

n	to "traffick" in this section includes—
a
ri	(a) preparing a priority species for
to	trafficking;
ic	(b) processing a priority species;
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(c) selling a priority species;

(d) taking a priority species for sale;

ts	(e) receiving a priority species.
n
e	111B. Offence to take a commercial quantity of a priority species within 24 hours
m
u	(1) A person must not, within any 24 hour
c	period, take a commercial quantity of a
o	priority species unless he or she is authorised
D	to do so under this Act.
ry	(2) A person who contravenes sub-section (1) is
ta	guilty of an indictable offence and is liable to
n	a penalty not exceeding level 6
e	imprisonment (5 years maximum).
m	111C. Offence to possess a commercial quantity
ia	of a priority species
rl	(1) A person must not possess a commercial
a
P	quantity of a priority species unless he or she is authorised to do so under this Act.
d
n	(2) A person who contravenes sub-section (1) is
a	guilty of an indictable offence and is liable to
n	a penalty not exceeding level 6
o
ti
imprisonment (5 years maximum).'.

6. Consequential amendment to section 6

la

is	In the heading to Division 2 of Part 7 of the
g	Fisheries Act 1995, before "Offences" insert
e	"Other".
L
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7. Insertion of sections 119A and 119B

After section 119 of the Fisheries Act 1995

ts	insert—
n	"119A. Offence to knowingly make false or
e	misleading statements in relation to
m	priority species
u
c	A person must not, in making, keeping or
o	furnishing any record, return, account or any
D	other information under this Act in relation
ry	to a priority species—
ta	(a) make a statement that he or she knows

is false or misleading in a material

n

e detail; or

(b) fail to include any material matter in

m

ia	the record, return, account or
rl	information with the knowledge that
a	the failure will cause the record, return,
P	account or information to be false or misleading.
d

n	Penalty:	Level 7 imprisonment (2 years
a	maximum), a fine of 240 penalty
n	units or both.
o

ti	119B. Offence to make false or misleading
la	statements
is	A person must not, in making, keeping or
g	furnishing any record, return, account or any
e	other information under this Act—
L	(a) make a statement that is false or
n	misleading in a material detail; or
a
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(b) fail to include any material matter in the record, return, account or information where the failure causes

ts	the record, return, account or
n	information to be false or misleading.
e
m	Penalty: 60 penalty units.".
u
c	Division 2—Amendment to the Confiscation Act 1997
o
D	8. Additional forfeiture and automatic forfeiture
ry	offences
(1) After item 7(t) in Schedule 1 to the Confiscation
ta	Act 1997 insert—
n
e	"(ta) section 119A (knowingly make false or misleading

statements in relation to priority species).".

m

ia	(2) After item 9 in Schedule 2 to the Confiscation
rl	Act 1997 insert—
a	"10. An offence against section 111A, 111B or 111C of the
P	Fisheries Act 1995 where—
d	(a) only one offence is charged and the export
n	value at the time of the offence of the fish
a	involved in the offence is $50 000 or more; or
n	(b) more than one offence is charged and the
o	offences are founded on the same facts or form
ti	or are part of a series of offences of the same or similar character and the export value at the
la	time, or times, of the offences of the fish
is	involved in the offences is $75 000 or more.".
g
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s. 9

Division 3—Powers of Authorised Officers

9. Insertion of sections 101A—101I

ts

n	After section 101 of the Fisheries Act 1995
e	insert—
m	'101A. Authorised officer may execute warrant to
u	arrest
c
o	(1) An authorised officer may execute a warrant
D	to arrest issued in respect of an offence under
ry	this Act.

(2) A warrant to arrest directed to a named

ta	authorised officer may be executed by any
n	authorised officer or member of the police
e	force.
m
ia
rl

101B. Powers of arrest

(1) This section applies if an authorised officer

a	or a member of the police force believes on
P	reasonable grounds that a person has
d	committed an offence under this Act.
n	(2) The officer or member may without warrant
a	arrest the person if the officer or member
n	believes on reasonable grounds that the
o
ti	arrest is necessary for any one or more of the
la	following reasons—
is	(a) to ensure the appearance of the person
g	before a court of competent
e	jurisdiction; or
L	(b) to prevent the continuation or repetition
n	of the offence or the commission of a
a
ri	further offence; or
to	(c) to prevent the concealment, loss or

destruction of evidence relating to an

ic	offence; or
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(d) to prevent the fabrication of evidence in relation to an offence; or

ts	(e)	to prevent the harassment of, or
n	interference with, a potential witness in
e	proceedings in respect of an offence.

m	(3) The officer or member may ask any other
u	person to assist him or her to arrest an
c	alleged offender, and that other person may
o	assist in the arrest.
D

(4) If an alleged offender is arrested under this

ry	section in respect of a summary offence, he
ta	or she may only be detained for so long as
n	the reason for the arrest under sub-section (2)
e	continues. The person detaining the alleged
m	offender must release the alleged offender as
ia	soon as the reason ceases to exist, regardless
rl	of whether or not the alleged offender has
a	been charged with the offence.

P	Note:	Division 1(30A) of Part III of the Crimes Act 1958
d	sets out the procedure that is to be followed by an
n	authorised officer after an arrest under this Division.

a	101C. Power to arrest person in breach of an
n	order
o
ti	An authorised officer or a member of the
la	police force may without warrant arrest a
person who the officer or member suspects is
is	breaching, or has just breached, an order
g	imposed on the person under section 130,
e
L	130A or 130B.
n	101D. Arrest on reasonable grounds not to be
a	taken to be unlawful
ri	An arrest under section 101B or 101C does
to	not cease to be lawful merely because it
ic	subsequently appears, or is found, that the
V	person arrested did not commit the offence

Fisheries (Further Amendment) Act 2003

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s. 9

the arresting officer believed he or she had

committed.

ts	101E. Power to arrest person released on bail
n	(1) An authorised officer may without warrant
e	arrest a person who has been released on bail
m	in respect of an offence under this Act—
u
c	(a) if the officer suspects on reasonable
o	grounds that the person is breaking, has
D	broken, or is likely to break, any of his
ry	or her bail conditions; or
ta	(b) if the officer is notified in writing by

any surety for the person that the surety

n	believes that the person is likely to
e	break the condition for his or her
m	appearance and for that reason the
ia	surety wishes to be relieved of his or
rl	her obligations as a surety; or
a
P	(c) if the officer has reasonable grounds for suspecting that any surety is dead, or
d
n	that for any other reason the security is
a	no longer sufficient.
n	(2) Sections 24(2) to 24(5) of the Bail Act 1977
o	apply to an arrest under this section as if a
ti	reference in section 24(2) to "sub-
la	section (1)" was a reference to sub-
is	section (1).
g	101F. Power to arrest a person against whom a
e
L	warrant has been issued

(1) If a warrant to arrest a person who is charged

n

a	with an offence under this Act has been
ri	issued, an authorised officer or a member of
to	the police force may arrest the person even
ic	though the officer or member does not have the execution copy of the warrant in his or
V	her possession.

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(2) Sections 65(2) to 65(6) of the Magistrates' Court Act 1989 apply to an arrest under this

ts	section as if—
n	(a) a reference in those sections to "sub-
e	section (1)" was a reference to sub-
m	section (1); and
u	(b) a reference to a member of the police
c	force included a reference to an
o	authorised officer.
D

101G. Power to search person for priority

ry	species
ta	(1) If an authorised officer, or a member of the
n	police force, suspects on reasonable grounds
e	that a person has on or about his or her body
m	any fish of a priority species that the person
ia	is not lawfully authorised to have in his or
rl	her possession, the member or officer may
a	search the person.
P

(2) Before searching a person, if the officer or

d

n member—

a	(a)	is not in uniform, he or she must
n	produce for inspection by the person to
o	be searched evidence of his or her
ti	identity as an authorised officer or
la	member of the police force;

is	(b) is in uniform, he or she must produce
g	for inspection by the person to be
e	searched evidence of his or her identity
L	as an authorised officer or member of
n	the police force if asked to do so by the
a
ri	person.
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(3) In searching a person under this section, the officer or member—

ts	(a)	may run his or her hands over the
n	person's outer clothing; and

e	(b) may require the person to remove any
m	coat, jacket, hat or shoes the person is
u	wearing, and may run his or her hands
c	over the person's remaining outer
o	clothing; and
D

(c) if the officer or member sees or detects

ry	any thing that he or she has reasonable
ta	grounds for suspecting is, or contains,
n	fish of a priority species, may require
e	the person to surrender that item for
m	inspection; and
ia	(d) may use reasonable force to remove an
rl	item from a person if the person does
a	not comply with a requirement to
P	remove or surrender the item under
d	paragraph (b) or (c); and
n
a	(e) may inspect any item that a person has removed or surrendered, or that has
n	been removed from a person; and
o
ti	(f) must conduct the search in a manner
la	that affords, to the extent that the
is	circumstances of the search permit,
g	reasonable privacy to the person being
e	searched; and
L	(g) must conduct the search as quickly as is
n	reasonably practicable in the
a
ri	circumstances of the search.
to	(4) A search must be conducted by a person of
ic	the same sex as the person being searched
unless it is not reasonable or practicable to
V	do so in the circumstances of the search.

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s. 9

101H. Records of searches

(1) As soon as possible after completing a

ts	search, the person who conducted the search
n	must record in writing details of the search,
e	including the grounds on which the search
m	was conducted, the time and place of the
u	search, the name (if known) of the person
c	who was searched and the result of the
o	search.
D	(2) The Chief Commissioner of Police must
ry	ensure that a copy of every record created by
ta	a member of the police force under this section is given to the Secretary as soon as is
n
e	practicable after the creation of the record. (3) The Secretary must give a person who has
m
ia	been searched under section 101G a copy of
rl	the record of the search without charge if
a	asked to do so by the person within 1 year
P	after the date of the search.
d	101I. Information on searches to be included in
n	annual report
a
As soon as is practicable after the end of a
n
o	financial year, the Secretary must provide to
ti	the Minister for inclusion in the
la	Department's annual report of operations
under Part 7 of the Financial Management
is	Act 1994 a report containing—
g
e	(a) the number of searches conducted
L	under section 101G in that financial
n	year; and
a

ri	(b)	the number and type of priority species found during the course of those
to	searches; and

ic	(c) any other information requested by the
V	Minister.'.

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s. 10

10. Extension of who may execute a search warrant

In section 103(3) of the Fisheries Act 1995, for

ts	"authorises the" substitute "authorises any".
n	11. Provision of name and address
e

(1) Insert the following heading to section 109 of the

m

u	Fisheries Act 1995—
c	"Power to require name and address";
o
D	(2) For sections 109(1) and 109(2) of the Fisheries
ry	Act 1995 substitute—
"(1) This section applies if an authorised officer
ta	or a member of the police force believes on
n	reasonable grounds that a person has
e	committed an offence under this Act.
m
ia	(2) The officer or member may demand that the
rl	person give details of his or her name and
a	place of residence to the officer or member.".

P	12.	Authorised officers do not commit offences in
d	certain circumstances

n	In section 110A(1) of the Fisheries Act 1995—
a

(a) after "76, 111," insert "111A to 111C,";

n
o

ti (b) for "or 116" substitute ", 116, 119A or

119B".

la

is	13. Offence to resist authorised officer performing duty
g	In section 111(2) of the Fisheries Act 1995, after
e	"hinder," insert "resist,".
L
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s. 14

Division 4—Other Enforcement Matters

14. Additional requirement to establish defence

ts	concerning actions of agents
n
e	For sections 53(3)(a) and 53(3)(b) of the Fisheries Act 1995 substitute—
m
u	"(a) that, at the time the offence was committed,
c	there was in force a written agreement
o	between him or her and the person under
D	which the person agreed to comply with all
ry	relevant conditions to which the licence was
ta	this Act and the regulations; and subject and all other relevant requirements of
n

e	(b)	that he or she did everything else that was
m	reasonably practicable to ensure that the
ia
rl
person would comply with the condition; and

(c) that he or she did not in any way aid, abet,

a	counsel or procure the person to fail to
P	comply with the condition.".
d	15. Evidentiary and onus of proof provisions
n
a	After section 122(3) of the Fisheries Act 1995
n	insert—
o
ti	'(4) For the purposes of this Act, a reference in

section 130(4) of the Magistrates' Court

la	Act 1989 to the "Court" is to be read as a
is	reference to the court hearing the relevant
g	case.
e
L	Note: This sub-section ensures that if an indictable offence

is prosecuted before the Supreme or County Courts,

n	that Court may allow the prosecutor to re-open the
a
ri	prosecution case if the defendant, after the closing of
that case, presents or points to evidence that an
to	exception, exemption, proviso, excuse or
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s. 16

16. Insertion of sections 126A and 126B

After section 126 of the Fisheries Act 1995

ts	insert—
n	"126A. Evidence of weight or measurement
e

In any proceedings for an offence against

m

u	this Act, the statement on oath of an
c	authorised officer as to any weight, quantity
o	or measurement recorded, observed or taken
D	by the officer is evidence that the weight, quantity or measurement was as stated by the
ry	officer at the time of the recording,
ta	observation or measurement.
n	126B. Label of can of abalone is evidence of
e	contents
m
ia	The statement on oath of an authorised
rl	officer that a sealed can was labelled with a
a	statement to the effect that the contents of
P	the can contained abalone is evidence that the can contained abalone.".
d
n	17. Time for bringing proceedings
a

At the end of section 127 of the Fisheries Act

n	1995 insert—
o
ti	"(2) Sub-section (1) does not apply to indictable
la	offences.".
is	18. Insertion of section 128A
g
e	After section 128 of the Fisheries Act 1995
L	insert—
n	"128A. Additional penalty for agents of licence
a
ri	holders
to	(1) This section applies if— (a) a court finds a person guilty of an
ic
V	offence against section 53(4); and

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(b) regulations have been made for the purposes of this section specifying one

ts	or more classes of licence.
n	(2) In addition to any other penalty the court
e	may impose, the court may prohibit the
m	person from acting for a specified period on
u	behalf of the holder of any licence that is of a
c	class specified by the regulations for the
o	purposes of this section.
D	(3) In making an order, the court—
ry	(a) may not specify a period under sub-
ta	section (2) of more than 10 years; and
n	(b) may impose any other requirement on
e	the person that it considers necessary or
m	expedient to give effect to the order.".
ia
rl	19. Minor consequential amendment
a	At the foot of section 53(4) of the Fisheries Act
P	1995 insert—
d	"Note: If a person is convicted under sub-section (4), section
n	128A enables the court to prohibit the person
a	convicted from acting on behalf of certain classes of
n	licence holders in certain cases.".
o
ti	20. Increased penalties for corporations
la	At the end of section 129 of the Fisheries Act
is	1995 insert—
g	"(2) Despite anything to the contrary in this Act
e	or the Sentencing Act 1991, if a court
L	convicts a corporation, or finds a corporation
n	guilty, of an indictable offence against this
a	Act, the court may impose a penalty of up to
ri	5 times the monetary penalty that otherwise
to	applies in respect of the offence.".
ic
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21. Insertion of section 130C

After section 130B of the Fisheries Act 1995

ts	insert—
n	"130C. Contempt of court proceedings if order
e	breached
m
u	Nothing in section 130(4), 130A(5) or
c	130B(6) is intended to prevent the bringing
o	of proceedings for contempt of court against
D	a person who has failed to comply with an order made under section 130, 130A or 130B
ry	and who has not had a charge under section
ta	130(4), 130A(5) or 130B(6) in respect of the
n	failure dealt with.".
e	22. Minor consequential amendments to the
m	Magistrates' Court Act 1989
ia
rl	(1) In section 37(2)(b) of the Magistrates' Court
a	Act 1989—

P	(a)	in sub-paragraph (ii), for "Police—"
d	substitute "Police; or";

n	(b) after sub-paragraph (ii) insert—
a
n	"(iii) an authorised officer within the
o
ti

meaning of the Fisheries Act 1995—".

(2) In Schedule 5 to the Magistrates' Court Act

la	1989, after clause 8(1)(via) insert—
is	"(vib) an authorised officer within the meaning of
g
e	the Fisheries Act 1995; or".
L	__________________
n
a
ri
to
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s. 23

PART 3—OTHER AMENDMENTS

ts	23. Change to objective
n	For section 3(e) of the Fisheries Act 1995
e	substitute—
m
u	"(e) to promote the commercial fishing industry
c	and to facilitate the rationalisation and
o	restructuring of the industry;".
D	24. Insertion of section 11A
ry	After section 11 of the Fisheries Act 1995
ta	insert—
n	"11A. This Act applies to fisheries reserves on
e

land

m

ia	This Act applies to—
rl	(a) any fisheries reserve declared under
a	section 88(1)(b) or 88(1)(c); and
P

(b) any land on which an aquaculture

d	activity is being conducted.".
n
a	25. Fisheries reserve management plans
n	After section 28(6)(a) of the Fisheries Act 1995
o
ti	insert—
la	"(aa) be consistent with any guidelines issued
is	under sub-section (2);".
g	26. Alternative method for creating aquaculture
e	licences
L
n	After section 43(1) of the Fisheries Act 1995
a
ri
insert—

"(1A) The Minister may, by order published in the

to	Government Gazette, create classes of
ic	aquaculture licences to give effect to a
V	management plan and may specify that the holder of an aquaculture licence of a

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s. 27

particular class may do one or more of the
things listed in sub-sections (1)(a) to (1)(c) in

the reserve to which the management plan

ts	applies.
n
e	(1B) The Minister may only create a class of
m	aquaculture licence under sub-section (1A) if
u	the draft management plan for the reserve
c	states that the creation of that class of licence
o	will be necessary to give effect to the plan.
D	(1C) A licence of a class of aquaculture licence
ry	created under sub-section (1A) is subject to
ta	the same fees and levies as apply to a licence
of a specified class of aquaculture licence
n
e	created by the regulations.
m	(1D) In creating a class of aquaculture licence
ia	under sub-section (1A), the Minister must,
rl	for the purposes of sub-section (1C), specify
a	a class of aquaculture licence created by the
P	regulations.".
d	27. Insertion of section 51A
n
a	After section 51 of the Fisheries Act 1995 insert—
n
o	"51A. Minister may determine that licences be
ti	publicly sold
la	(1) This section applies if the Secretary
is	proposes—
g
e	(a) to issue a new licence (other than a
L	recreational fishery licence); or
n	(b) to re-issue a licence that has been
a
ri	surrendered or cancelled, or that has
otherwise become available.
to	(2) The Minister may determine that the licence
ic	is to be publicly sold.
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(3) In making a determination, the Minister must specify the method by which the sale is to

ts	take place.
n	(4) Without limiting sub-section (3), a sale may
e	occur by auction, tender or ballot.".
m	28. Consequential amendment in relation to section 27
u
c	After section 51(4) of the Fisheries Act 1995
o	insert—
D	"(4A) In the case of a licence that the Minister has
ry	determined under section 51A is to be
ta	publicly sold—
n	(a) the Secretary may only issue the licence
e	to the person who was the successful
m	party under the sale process; and
ia	(b) the Secretary may only issue the licence
rl	to that person if there are no grounds
a	under sub-section (4) to refuse to issue
P	the licence.
d	(4B) For the purposes of sub-section (4A), "the
n
a	successful party under the sale process" is the first person who pays for the licence
n	under the terms of the sale who is also
o
ti	eligible to be issued the licence under sub-
la	section (4A)(b).".
is	29. Change to who may hold licence
g	(1) Insert the following definition in section 4(1) of
e	the Fisheries Act 1995—
L
n	' "corporation" means a corporation that— (a) has a registered office in Australia; and
a
ri
to	(b) that holds an Australian Company

Number;

ic
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s. 30

"co-operative" means a body registered as a

co-operative—

ts	(a) under the Co-operatives Act 1996; or
n	(b) under an equivalent law of another
e	Australian jurisdiction;'.
m	(2) After section 51(3) of the Fisheries Act 1995
u
c	insert—
o	"(3A) Despite anything to the contrary in any law,
D	the Secretary may only issue an access
ry	licence or an aquaculture licence to an
ta	individual, a single corporation or a
co-operative—the Secretary must refuse to
n	issue such a licence to a partnership or a
e	consortium.
m
ia	(3B) Despite anything to the contrary in any law,
rl	the Secretary may only issue an access
a	licence or an aquaculture licence to an
P	individual who is an Australian resident.".
d	(3) After section 57(11) of the Fisheries Act 1995
n	insert—
a
"(12) Despite anything to the contrary in this
n	section, the Secretary may not renew an
o
ti	access licence or an aquaculture licence if
la	the licence is held by more than one
is	person.".

30. Insertion of sections 57A and 57B

g

e	After section 57 of the Fisheries Act 1995
L	insert—
n
a	"57A. Transitional provision concerning certain
ri	licences held by more than one person
to	(1) If— (a) on the date of commencement of
ic
V	section 30 of the Fisheries (Further Amendment) Act 2003 an access

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s. 30

licence or an aquaculture licence is held

by more than one person; and

ts	(b)	by the date the licence is due to expire
n	one, and one only, of those people has
e	not applied to the Secretary for the
m	renewal of the licence in accordance
u	with the regulations—

c	the licence is, by force of this section,
o	suspended on the date the licence is due to
D	expire.
ry	(2) Despite anything in this Act to the contrary,
ta	a suspension under sub-section (1) continues
n	until either—
e	(a) one, and one only, of those people
m	applies to the Secretary for the renewal
ia	of the licence in accordance with the
rl	regulations and the Secretary renews
a	the licence; or
P

(b) the expiry of 12 months from the date

d

n	the suspension began—
a	whichever occurs first.
n	(3) If the suspension of a licence ends under
o
ti	sub-section (2)(b), the licence is cancelled.
la	57B. Restriction on the re-issue of cancelled
is	licences
g	(1) This section applies if a licence is cancelled
e	under this Act.
L

(2) The Secretary must not re-issue the licence

n

unless—

a
ri

(a) within 12 months after the date the

to	licence was cancelled, the Minister,
ic	acting on the advice of the Secretary,
V	determines under section 51A that it is to be publicly sold; and

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s. 31

(b) the successful party under the resulting sale process applies for the re-issue of

ts	the licence.".
n	31. Licence conditions to be displayed
e	At the end of section 52 of the Fisheries Act 1995
m	insert—
u
c	"(2) In issuing documentary evidence of a licence
o	(other than a recreational fishery licence) or
D	a quota allocation entitlement, the Secretary must ensure, to the maximum extent that is
ry	practicable, that there is displayed on, or
ta	attached to, the document the conditions that
n	apply to the licence or entitlement (including
e	those imposed directly by this Act and by the
m	regulations).
ia	(3) A failure to comply with sub-section (2) does
rl	not affect the validity of the licence or the
a	entitlement nor does it absolve any person
P	from the need to comply with any applicable
d	condition of the licence or entitlement (even
n	if that condition is not displayed on, or
a	attached to, the document evidencing the
n	licence or entitlement).".
o

ti	32.	Removal notice on cessation of aquaculture
la	activities
is	(1) Insert the following heading to section 60A of the

g	Fisheries Act 1995—
e	"Removal notice on cessation of aquaculture
L	activities";
n
a
ri
to
ic
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(2) For section 60A(1) of the Fisheries Act 1995

substitute—

ts	"(1) This section applies if— (a) a person's authorisation to conduct
n
e	aquaculture activities under an
m	aquaculture licence or a general permit
u	ceases; and
c
o	(b) the licence or permit related to an area
D	that is Crown land.".
ry	(3) In section 60A(2) of the Fisheries Act 1995, after
ta	"the licence" insert "or permit".
n	33. Insertion of section 61A
e	After section 61 of the Fisheries Act 1995
m	insert—
ia
rl	"61A. Validation of direction published on
a	3 April 2003
P	(1) The direction given to the Secretary by the
d	Minister under section 61(1)(c) and
n	published in the Government Gazette on
a	3 April 2003 is deemed to have been validly
n	given by the Minister.
o
ti	(2) Every licence cancelled under that direction

on or before 10 April 2003 is deemed to have

la	been validly cancelled.".
is	34. Compensation arising if access licence cancelled by
g
e	direction under section 61
L	(1) For section 63(2) of the Fisheries Act 1995
n	substitute—
a
ri	"(2) The person who held the licence is entitled to
to	the following, as specified by, and
determined in accordance with, the
ic	regulations—
V

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s. 34

(a) compensation for—

(i) the assessed market value of the

ts	licence; and
n	(ii) the assessed market value of the
e	losses (if any) that would be
m	incurred if the fishing boat and
u	equipment used under the licence
c	were to be sold; and
o
D	(b) compensation for the loss of up to 3 years of net income (based on past net
ry	income); and
ta	(c) an amount by way of a solatium of up
n	to 10% of the compensation assessed
e	under paragraphs (a) and (b)—
m
ia	less any amounts paid to the holders of
rl	registered financial interests in the licence
a	under sub-section (2A).
P	(2A) A person who held a registered financial
d	interest in the licence at the time it was
n	cancelled is entitled to an amount of
a	compensation determined in accordance with
n	the regulations.
o
ti	(2B) The regulations may require the deduction
la	from any amount payable under sub-
section (2) or (2A) of an amount to recognise
is	the present value of any of the compensation
g	that relates to the future.".
e
L	(2) For section 63(6) of the Fisheries Act 1995
n	substitute—
a
ri	"(6) Any dispute in relation to the payment of

compensation under this section is to be

to	determined in accordance with Part 11.
ic
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s. 35

(7) For the purposes of sub-section (2)—

(a) the regulations may provide for the

ts	method by which a market value is to
n	be assessed; and
e	(b) compensation may be paid up to the
m	maximum amount permitted by sub-
u	section (2)(b) even if the licence was
c	held by the person for less than the
o	period in respect of which the
D	compensation is being paid.".
ry	35. Minister may restrict quota unit transfers involving
ta	sub-zones
n	(1) In the Fisheries Act 1995—
e

(a) in section 64AB(1)(c), for "fishery."

m

substitute "fishery; and";

ia
rl

(b) after section 64AB(1)(c) insert—

a	"(d) declare that individual quota units in respect of a sub-zone may only be
P
d	transferred to a licence holder holding a
n
a	licence in respect of the same sub- zone;";
n
o	(2) After section 65A(2) of the Fisheries Act 1995
ti	insert—
la	'(2A) If the Minister has made an order under
is	section 64AB(1)(d), sub-section (2) is to be
g	read as if for "for that fishery" there were
e	substituted "for the relevant sub-zone of that
L	fishery".'.
n
a
ri
to
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s. 36

36. Insertion of section 64C

After section 64B of the Fisheries Act 1995

ts	insert—
n	"64C. No compensation payable for losses
e	resulting from quota orders
m
u	No compensation is payable by the Crown to
c	any person for any loss or damage that
o	results from an order made by the Minister
D	under section 64, 64A or 64AB.".
ry	37. Insertion of section 65B
ta	After section 65A of the Fisheries Act 1995
n	insert—
e	"65B. Minister may determine that quota units
m	be publicly sold
ia
rl	(1) This section applies if it is proposed—
a	(a) to create and allocate new quota units
P	in addition to the quota units that were
d	created and allocated under an initial
n	quota order; or
a	(b) to allocate quota units that arise in
n	excess of any threshold quota limit
o
ti	specified in a management plan; or

la	(c)	to allocate any quota units that have
is	been forfeited, or that have otherwise
g	become available.

e	(2) The Minister may determine that the quota
L	units are to be publicly sold.
n	(3) In making a determination, the Minister must
a
ri	specify the method by which the sale is to
to	take place.
ic	(4) Without limiting sub-section (3), a sale may
V	occur by auction, tender or ballot. Fisheries (Further Amendment) Act 2003

Act No. 108/2003

Part 3—Other Amendments

s. 38

(5) Nothing in this section is intended to enable

the sale of a quota unit to a person who is not
the holder of a licence in the relevant

ts	fishery.".
n
e	38. Extension of meaning of "permitted amount"
m	(1) In section 66(2) of the Fisheries Act 1995, after
u	"in respect of the licence" insert "together with
c	any other amount of excess or carry over that the
o	person is permitted to take under a relevant quota
D	order".
ry	(2) Section 66(5) of the Fisheries Act 1995 is
ta	repealed.
n	39. Fisheries reserves
e

(1) For section 88(1) of the Fisheries Act 1995

m

substitute—

ia
rl

"(1) The Governor in Council may, by Order in

a	Council, declare as a fisheries reserve—
P

(a) any waters that are not reserved under

d	the National Parks Act 1975; or
n

a	(b)	any Crown land under the Land
n	Act 1958; or
o

ti (c) any land reserved under section 4 of the

Crown Land (Reserves) Act 1978 if

la	the use of the land as a fisheries reserve
is	will not be detrimental to the purposes
g	for which the land was reserved under
e	that section.".
L

(2) In section 88 of the Fisheries Act 1995—

n
a

ri (a) in sub-sections (2)(a) and (4)(a), for "waters

which are" substitute "area which is";

to
ic
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s. 40

(b) for sub-section (3)(b) substitute— "(b) in the case of any Crown land under the

ts	Land Act 1958, the Minister has
n	consulted with the Minister responsible
e	for that land under that Act; and (ba) in the case of any land reserved under
m
u	section 4 of the Crown Land
c	(Reserves) Act 1978, the Minister has
o	consulted with the Minister responsible
D	for that land under that Act; and".
ry	40. Fisheries Co-Management Council membership
ta	In section 90(3)(b) of the Fisheries Act 1995,
n
e	before "2 members" insert "up to".
m	41. Insertion of section 141
ia	After section 140 of the Fisheries Act 1995
rl	insert—
a	'141. Fisheries Plant and Equipment Fund
P
d	(1) There is to be established and kept in the
n	Treasury an account called the "Fisheries
a	Plant and Equipment Fund".
n	(2) There is to be paid into the Fund those
o
ti	amounts that the Secretary determines are
la	proper in the circumstances—
is	(a) to enable the purchase of any plant or
g	equipment required for the purposes of
e	this Act where the use of the plant or
L	equipment for those purposes will
n	extend over more than one financial
a
ri
year; and

(b) to enable the operation, maintenance

to	and repair of that plant or equipment;
ic	and
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s. 41

(c) to enable the payment of any other expenses in relation to that plant and

ts	equipment.
n	(3) Any money in the Fund that is not
e	immediately required may be invested in any
m	manner approved by the Treasurer, and any
u	income derived from an investment must be
c	paid into the Fund.
o	(4) Subject to sub-section (3), money may only
D	be paid out of the Fund—
ry	(a) for a purpose listed in sub-section (1);
ta	and
n	(b) on the written authority of the
e	Secretary.
m
ia	(5) If an item of plant or equipment purchased
rl	with money from the Fund is sold, the
a	proceeds of the sale must be paid into the
P	Fund.
d	(6) A reference in sub-section (5) to an item of
n	plant or equipment purchased with money
a	from the Fund includes a reference to any
n	item—
o

ti	(a)	that was purchased with money from
la	the Conservation, Forests and Lands
Plant and Machinery Fund established
is	under section 23 of the Conservation,
g	Forests and Lands Act 1987; and
e
L	(b)	that was listed in the fixed asset register
n	of the Department at the time of its
a
ri
sale.

(7) In this section "plant" includes boats and

to	motor vehicles.'.
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42. Insertion of section 145A

After section 145 of the Fisheries Act 1995

ts	insert—
n	"145A. Secretary may supply names to peak
e	bodies
m	(1) If a levy is collected with respect to a class
u
c	of licence for the purposes of funding a peak
o	body, the Secretary may give the peak
D	body—

ry	(a)	details of the name of each person who
ta	holds that class of licence and the name
of any other person whose name
n	appears on any licence of that class;
e	and
m

ia	(b) the business address, the business
rl	telephone number, and the business
a	facsimile number or email address of
P	each such person.
d	(2) Despite sub-section (1), the Secretary must
n	not supply any of those details if, in the
a	opinion of the Secretary, it would not be in
n	the public interest to do so.
o
ti	(3) The Secretary may impose conditions in
la	relation to the supply of any details under
is	this section.

(4) A person must not breach, or aid, abet,

g

e	counsel or procure the breaching of, a
L	condition.
n	Penalty applying to this sub-section: 200 penalty
a
ri	units or imprisonment for 12 months.".
to
ic
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s. 43

43. Clarification of intent of suspension

After section 149(1) of the Fisheries Act 1995

ts	insert—
n	"(2) Nothing in sub-section (1) is intended to
e	interfere with the right of the person to hold
m	the licence—sub-section (1) is merely
u	intended to ensure that the person cannot
c	exercise the rights of a licence holder while
o	the licence is suspended.".
D

44. Levies

ry

ta (1) For section 151(8A)(c) of the Fisheries Act 1995

substitute—

n

e	"(c) the particular recognised peak body has
m	advised the Minister in writing that at a
ia	general meeting of its members held in
rl	accordance with its rules, a resolution
a	agreeing to the proposed increase in the rate
P	of levy was passed; and".
d	(2) For section 151(9) of the Fisheries Act 1995
n	substitute—
a
"(9) The Minister must ensure that the operation
n	of this section is reviewed as soon as is
o
ti	possible after 1 May 2009.".
la	45. Fisheries notices
is	(1) In section 152 of the Fisheries Act 1995—
g
e	(a) in sub-section (1)(f), after "fishery," insert
L	"species,";
n	(b) in sub-section (7)(c), for "20 penalty units"
a
ri	substitute "50 penalty units".
to
ic
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s. 46

(2) For section 152(2) of the Fisheries Act 1995

substitute—

ts	"(2) Despite sub-section (1), the Minister need
n	not consult with the relevant consultative
e	bodies before making a fisheries notice if, in
m	the opinion of the Minister, to consult those
u	bodies would result in a delay that would
c	significantly reduce the effectiveness of the
o	notice.
D	(2A) If the Minister makes a fisheries notice
ry	without consulting the relevant consultative
ta	bodies, the Minister must as soon as is
practicable after the making of the notice
n
e	provide those bodies with a copy of the notice and a statement of his or her reasons
m
ia	for not consulting with the bodies before
rl	making the notice.".
a	46. Repeal of abalone access licence fee cap
P	Section 159 of the Fisheries Act 1995 is
d	repealed.
n
a	47. Insertion of Part 11
n	After Part 10 of the Fisheries Act 1995 insert—
o
ti	'PART 11—DETERMINATION OF DISPUTES
la
is	Division 1—Preliminary Matters
g
e	199. Application of this Part
L	This Part applies to any disputed claim under
n	section 63.
a
ri	200. Definitions
to	In this Part—
ic	"claimant" means a person who makes, or
V	is entitled to make, a claim for compensation under section 63;

Fisheries (Further Amendment) Act 2003

Act No. 108/2003

Part 3—Other Amendments

s. 47

"Court" means the Supreme Court;

"Tribunal" means the Victorian Civil and

ts	Administrative Tribunal established by
n	the Victorian Civil and
e	Administrative Tribunal Act 1998.
m
u	Division 2—Application/Referral Process
c
o	201. Application or referral of disputed claim
D	The Secretary or the claimant may—
ry	(a) apply to the Tribunal for the
ta	determination of a disputed claim for
n	compensation in accordance with this
e	Part; or
m	(b) refer a disputed claim for compensation
ia	to the Court for determination in
rl	accordance with this Part.
a	202. Jurisdiction
P

(1) A disputed claim must be determined— (a) by the Tribunal if the amount in dispute

d
n

a	does not exceed $50 000; or
n	(b) if the amount in dispute exceeds
o
ti	$50 000, by the Tribunal or the Court at
la	the option of the claimant or, if the
is	claimant does not exercise that option
within 30 days after being requested to
g
e	do so by the Secretary, at the option of
L	the Secretary; or
n	(c) by the Court irrespective of the amount
a	in dispute if the Court is satisfied on the
ri	application of any party that the claim
to	raises questions of unusual difficulty or
ic	of general importance.
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s. 47

(2) In this section "amount in dispute" means

the amount of the difference between the amount claimed by the claimant and the

ts	amount of the final offer made by the
n	Secretary before the application is made to
e	the Tribunal in respect of the claim or the
m	matter is referred to the Court under this
u	Part.
c
o	203. Form of notice of referral
D	A notice of referral under section 201 to the
ry	Court must be in the form specified by the
ta	regulations and must be accompanied by
copies of—
n

e	(a)	the notice of cancellation and the
m	direction under which the licence was
ia	cancelled;

rl	(b) the initial offer of compensation made
a	by the Secretary (if any);
P

(c) the claim made by the claimant; and

d

n	(d) the reply (if any) of the Secretary to the
a	claim.
n	204. Service of notice of referral on other
o
ti	parties
la	A party who refers a disputed claim to the
is	Court must cause a copy of the notice of
g	referral under section 201 to be served on the
e	other parties to the dispute.
L	205. Withdrawal application
n
a	The principal registrar of the Tribunal may
ri	grant any application by consent of the
to	parties for adjournment or withdrawal of any
claim for compensation referred to the
ic	Tribunal.
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s. 47

Division 3—Compulsory Conference in the Court

206. Compulsory conference

ts	(1) The Court may order the parties to any
n
e	disputed claim referred to it to attend a compulsory conference to be conducted by
m
u	the Court or a Master of the Court.
c	(2) If the Court orders a compulsory conference
o	to be held in respect of a dispute, it must be
D	held as soon as is practicable after the date
ry	on which the notice of referral was lodged in
ta	respect of the dispute, unless the Court
orders otherwise.
n
e	207. Objects of compulsory conference
m	The objects of the compulsory conference
ia	are—
rl	(a) to determine what matters are in dispute
a
P	between the parties; and
d	(b) to identify the questions of law and of
n	fact that are required to be determined
a	by the Court; and
n	(c) to provide a forum in which the parties
o
ti	may discuss their respective reasons for
making or rejecting the disputed claim
la	and, if possible, settle or resolve the
is	matters in dispute before the dispute is
g	heard by the Court.
e
L	208. Parties may vary offer or claim
n	Nothing in this Part prevents—
a

ri	(a)	the Secretary in a compulsory
to	conference from increasing the amount
of any offer made to a claimant; or
ic
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(b) the claimant in a compulsory conference from reducing the amount

ts	of the claim—
n	at any time before the settlement or
e	determination of the dispute.
m	209. Settlement
u
c	If the parties to the dispute arrive at an
o	agreement to settle the disputed claim at any
D	time before the determination of the claim by the Court, the Court must ratify the
ry	agreement, which then takes effect as if it
ta	were a determination of the Court under this
n	Part.
e
m	Division 4—Determinations
ia
rl	210. Determination of claim
a	(1) On an application or referral of a disputed
P	claim under this Part, the Tribunal or Court
d	is to determine the amount of compensation
n	in accordance with this Act to be paid in
a	respect of the claim and may make any
n	orders necessary to give effect to that
o
ti
determination.

(2) An appeal to the Court of Appeal from a

la	determination or an order made by the Court
is	under this section lies only on a question of
g	law.
e
L	211. Principles to be applied in determining
n	compensation
a
ri	In determining the compensation payable,
the Tribunal or the Court is not bound by the
to	exercise of any discretion of the Secretary or
ic	by any opinion or determination of the
V	Secretary, but must determine the compensation payable in the particular

Fisheries (Further Amendment) Act 2003

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s. 47

circumstances of the case having regard to

the provisions of this Act.

ts	212. Costs
n	(1) In any proceedings under this Part, the
e	Tribunal or the Court (as the case requires)
m	may award such costs as it thinks proper but
u	in making an order for costs must, if the
c	Tribunal or Court considers it appropriate to
o	do so, take into consideration—
D

(a) the amount of compensation awarded

ry	by the Tribunal or Court as compared
ta	with the amount (if any) offered by the
n	Secretary; and
e	(b) the extent to which, in the opinion of
m	the Tribunal or Court, the proceedings
ia	have arisen from, or have been affected
rl	by—
a
P	(i) unreasonable conduct on the part of the claimant or the Secretary; or
d
n	(ii) the failure of the claimant to give
a	adequate details of the claim or
n	supply supporting material when
o
ti	required to do so; or
la	(iii) an excessive claim by the
is	claimant; or

(iv) an unduly depressed offer by the

g

e	Secretary; and (c) any other matters which under this Part
L
n	are to be taken into account in
a
ri	determining the allocation of costs.
to	(2) The Court may make an order with respect to

the assessment of costs in the same manner

ic	as it may in respect of any other matter
V	before the Court.

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s. 48

(3) All costs payable to the Secretary may be set

off by the Secretary against any
compensation awarded or costs payable to

ts	the claimant.
n
e	(4) All costs payable to the claimant may be
m	recovered by the claimant from the Secretary
u	in the same manner as the compensation
c	awarded.
o	213. Payment of compensation
D

The sum awarded as compensation by the

ry	Tribunal or the Court must be paid within
ta	one month after the sum awarded has been
n	determined.
e	214. Supreme Court—limitation of jurisdiction
m
ia	It is the intention of sections 202(1), 209 and
rl	210(2) to alter or vary section 85 of the
a	Constitution Act 1975.'.
P	48. Membership and procedure of bodies
d	In Schedule 1 to the Fisheries Act 1995—
n
a	(a) for clause 3 substitute—
n	"3. Remuneration
o
ti	(1) A member of a body appointed by the Governor
la	in Council who is not a full-time officer or
employee of the public service is entitled to
is	receive the fees and travelling and other
g	allowances from time to time fixed by the
e	Governor in Council.
L	(2) A member of a body appointed by the Minister
n	who is not a full-time officer or employee of
a	the public service is entitled to receive the fees
ri	and travelling and other allowances from time to time fixed by the Minister.";
to	(b) insert the following heading to clause 4—
ic
V	"Vacancies, resignation and removal";

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s. 49

(c) for clause 4(1) substitute—

"(1) A person ceases to be a member of a body—

ts	(a)	at the expiry of his or her term of
n	appointment (unless that term is renewed
e	in accordance with this Act); or

m	(b) if he or she resigns by writing delivered
u	to the Minister; or

c	(c)	if he or she is removed from office under
o	sub-clause (3) or (4); or

D	(d) if he or she becomes bankrupt; or
ry	(e) if he or she is convicted of an indictable
ta	offence or of an offence which, if
committed in Victoria, would be an
n	indictable offence; or

e	(f)	if he or she fails to attend 3 consecutive
m	meetings of the body without the
ia	approval of the chairperson of the body,
rl	or in the case of a chairperson, without
a	the approval of the body.";

P	(d) after clause 4(2) insert—
d	"(3) The Governor in Council may remove from
n	office any member of the Fisheries Co-
a	Management Council.
n	(4) The Minister may remove from office any
o	member of any other body.".
ti	49. Additional miscellaneous regulation-making powers
la
is	In Schedule 3 to the Fisheries Act 1995—
g	(a) for clause 4.1 substitute—
e	"4.1 Providing for the registration of boats
L	including—
n	(a) the transfer and renewal of registration;
a
ri	(b) the refusal of registration, or the transfer
to	or renewal of registration;
ic
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s. 50

(d) the obtaining of information on the seaworthiness of boats from other people or bodies;

ts	(e) giving recognition to surveys of
n	seaworthiness conducted by appropriate
e	authorities and to certificates from appropriate authorities as to the state of a
m	boat or its current survey status.";
u
c	(b) after clause 6.7 insert—
o	"6.8 In relation to searches by authorised officers—
D

(a) further regulating the conduct of those

ry searches; and

ta	(b)	requiring the supply of additional details
n	in the records required of those searches.

e	6.9 Requiring the Secretary to report specified
m	incidents involving authorised officers to the
ia	Ombudsman appointed under the Ombudsman
rl	Act 1973.".
a	50. Minor amendments
P	In the Fisheries Act 1995—
d	(a) in section 38(5), after "section 58" insert
n
a	", 61(1)(c)";
n	(b) in section 68A(6), for "and (5)(b)" substitute
o
ti

", (4A) and (4B)";

(c) in section 69(3), for "before of" substitute

la	"before or";
is	(d) section 122(1)(d) is repealed.
g
e	═══════════════
L
n
a
ri
to
ic
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Endnotes

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 29 October 2003
e
Legislative Council: 25 November 2003
m
u	The long title for the Bill for this Act was "to amend the Fisheries Act
c	1995, the Confiscation Act 1997 and the Magistrates' Court Act 1989
o	and for other purposes."
D	Constitution Act 1975:
ry	Section 85(5) statement:
ta	Legislative Assembly: 29 October 2003
n
e	Legislative Council: 25 November 2003
m	Absolute majorities:
ia	Legislative Assembly: 20 November 2003
rl	Legislative Council: 3 December 2003
a
P
d
n
a
n
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la
is
g
e
L
n
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to
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