Fisheries Legislation Amendment Act (No. 1) 2000 (Cth)

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Fisheries Legislation Amendment Act (No. 1) 2000

No. 50, 2000

Fisheries Legislation Amendment Act (No. 1) 2000

No. 50, 2000

An Act to amend legislation about fisheries, and for related purposes

Contents

Fisheries Legislation Amendment Act (No. 1) 2000

No. 50, 2000

An Act to amend legislation about fisheries, and for related purposes

[Assented to 3 May 2000]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Fisheries Legislation Amendment Act (No. 1) 2000.

2Commencement

  1. (1)

    Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

  2. (2)

    Subject to subsection (3), the items of Schedules 1 and 2 commence on a day or days to be fixed by Proclamation.

  3. (3)

    If an item of Schedule 1 or 2 has not commenced within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Schedule(s)

Subject to section 2, each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendment of the Fisheries Administration Act 1991

1

Paragraph 7(da)

Repeal the paragraph, substitute:

  1. (da)

    to manage and carry out:

    1. (i)

      programs referred to in paragraphs (b) and (d) that are devised by the Authority; and

    2. (ii)

      programs of a similar nature that are devised by other persons or bodies;

2

After paragraph 7(e)

Insert:

  1. (ea)

    to make arrangements in relation to the placement of persons as observers on board foreign fishing boats operating, or intended to operate, outside the Australian fishing zone if such placements are consistent with Australia’s international obligations;

3

At the end of section 87

Add:

  1. (3)

    Despite subsection (1), the Authority is liable to pay fringe benefits tax in respect of fringe benefits provided by the Authority on or after the date of commencement of this subsection.

  2. (4)

    In subsection (3):

fringe benefit means a fringe benefit as defined by subsection 136(1) of the Fringe Benefits Tax Assessment Act 1986.

fringe benefits tax means tax payable under the Fringe Benefits Tax Assessment Act 1986.

provide, in relation to a fringe benefit, includes allow, confer, give, grant or perform the benefit.

Schedule 2—Amendment of the Fisheries Management Act 1991

1

After section 8

Insert:

8ARegulations may provide for placement of observers on foreign fishing boats operating outside the AFZ

  1. (1)

    The regulations may:

    1. (a)

      provide for the placement of persons as observers on board foreign fishing boats that will be, or are, operating outside the AFZ; and

    2. (b)

      set out the functions, powers and duties of persons so placed.

  2. (2)

    Without otherwise limiting the generality of subsection (1):

    1. (a)

      a person may be so placed only if the placement is authorised under a regional arrangement, or a bilateral or multilateral treaty, to which Australia, or a body acting on behalf of Australia, is a party; and

    2. (b)

      the functions, powers and duties conferred or imposed on persons so placed must be consistent with the terms of that arrangement or treaty.

  3. (3)

    In this section:

foreign fishing boat means a foreign boat that is equipped for fishing.

2

Paragraph 14(2)(c)

After “by‑catches”, insert “, and the making of returns in relation to by‑catches taken”.

3

Subsection 15(3)

Omit “or” (second occurring).

4

At the end of subsection 17(1A)

Add:

While a determination under this subsection is in force, AFMA is not required to determine a plan of management for a fishery.

5

After subsection 17(1A)

Insert:

  1. (1AB)

    If, at any time after making a determination under subsection (1A) that a plan of management is not warranted for a particular fishery, AFMA ceases to be of the view, AFMA may make a further determination revoking the determination under subsection (1A).

6

Subsection 17(1B)

Omit “subsection (1)”, substitute “subsection (1A)”.

7

Subsection 17(6D)

Repeal the subsection, substitute:

  1. (6D)

    A plan of management for a fishery must contain measures directed at reducing to a minimum:

    1. (a)

      the incidental catch of fish not taken under and in accordance with that plan; and

    2. (b)

      the incidental catch of other species.

8

Subsection 17A(1)

After “notified of”, insert “, or of determinations affecting the preparation of,”.

9

Paragraph 94(4)(d)

Repeal the paragraph, substitute:

  1. (d)

    is authority for entry to the specified port on such number of occasions as is specified in the permit.

10

Subsection 94(8) (definition of foreign fishing boat)

Repeal the definition, substitute:

foreign fishing boat means a foreign boat:

  1. (a)

    that is equipped for fishing; or

  2. (b)

    that AFMA has reasonable grounds to believe is being used, or is intended to be used, in activities in support of fishing by foreign boats.

11

Paragraph 95(1)(d)

After “scientific permit”, insert “, fish receiver permit, port permit”.

12

Paragraph 95(1)(e)

Omit “or scientific permit” (first occurring), substitute “scientific permit, fish receiver permit or port permit”.

13

Paragraph 95(1)(e)

Omit “or scientific permit” (second occurring), substitute “or permit”.

14

Paragraph 95(1)(f)

Omit “or scientific permit” (first occurring), substitute “, scientific permit, fish receiver permit or port permit”.

15

Paragraph 95(1)(f)

Omit “or scientific permit” (second occurring), substitute “or permit”.

16

At the end of subsection 95(1)

Add:

  1. ; or (g)

    make or purport to make a record, or furnish or purport to furnish a return, relating to a matter specified in section 42 knowing that the record or return contains a statement in respect of that matter that is false or misleading in a material particular.

17

Saving provisions

(1) For the purposes of any proceedings for a contravention referred to in paragraph 95(1)(d) of the Fisheries Management Act 1991 that are commenced, but not completed, before the amendment of that paragraph made by this Act, that paragraph continues in force as if that amendment had not been made.

(2) For the purposes of any proceedings for a contravention referred to in paragraph 95(1)(e) or (f) of the Fisheries Management Act 1991 that are commenced, but not completed, before the amendments of that paragraph made by this Act, that paragraph continues in force as if those amendments had not been made.

18

At the end of section 98

Add:

  1. (4)

    A period determined under subsection (1) or stated in an order suspending the operation of a fishing concession made under subsection (3):

    1. (a)

      may commence at the time of the making of the determination or order, or at a later time, as specified by the court; and

    2. (b)

      may exclude any period that the court identifies as not counting towards the period so determined or ordered.

19

At the end of subsection 101(1)

Add:

  1. ; or (e)

    the use of the boat for scientific research purposes in that area is authorised under a scientific permit.

20

At the end of subsection 101A(4)

Add:

  1. ; or (e)

    the use of the boat for scientific research purposes in that area is authorised under a scientific permit.

21

Subsection 102(6) (definition of foreign fishing boat)

Repeal the definition, substitute:

foreign fishing boat means a foreign boat:

  1. (a)

    that is equipped for fishing; or

  2. (b)

    that AFMA has reasonable grounds to believe is being used, or is intended to be used, in activities in support of fishing by foreign boats.

22

Subsection 106(1)

After “mentioned in subsection (2)”, insert “or (2A)”.

23

After subsection 106(2)

Insert:

  1. (2A)

    If a court convicts a person:

    1. (a)

      of an offence against paragraph 95(1)(g) of this Act; or

    2. (b)

      of an offence against section 136.1, 137.1 or 137.2 of the Criminal Code that relates to this Act;

in respect of a record made or purported to be made, or a return furnished or purported to be furnished, under section 42 of this Act, the court may order the forfeiture of all or any of the following:

  1. (c)

    if the record or return related, in whole or in part, to the taking, carrying, transhipping or processing of fish—any boat employed in the taking, carrying, transhipping or processing of that fish;

  2. (d)

    if the record or return related, in whole or in part, to the taking or processing of fish—any net, trap or equipment on board a boat employed in that taking or processing for purposes related to that taking or processing;

  3. (e)

    if the record or return related, in whole or in part, to the taking, carrying, transhipping or processing of fish—any fish on board a boat employed in that taking, carrying, transhipping or processing that were, or should have been, covered by the record or return;

  4. (f)

    if the record or return related, in whole or in part, to the taking, carrying, transhipping or processing of fish—the proceeds of the sale of any fish that were, or should have been, covered by the record or return.

24

Paragraph 168(2)(a)

Omit “10 penalty units”, substitute “25 penalty units”.

25

Paragraph 168(2)(i)

Omit “or regulations”, substitute “or 95 or regulations”.

26

Paragraph 168(2)(r)

Omit “officers”, substitute “persons”.

[Minister’s second reading speech made in—

House of Representatives on 8 December 1999

Senate on 16 March 2000]

(235/99)

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