Fisheries Management Act 2007 (SA)

South Australia

Fisheries Management Act 2007

An Act to provide for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves, the regulation of fishing and the processing of aquatic resources, the protection of aquatic habitats, aquatic mammals and aquatic resources and the control of exotic aquatic organisms and disease in aquatic resources; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Fisheries Management Act 2007.

3Interpretation

(1)
In this Act, unless the contrary intention appears—
Aboriginal person means a person of Aboriginal descent who is accepted as a member by a group in the community who claim Aboriginal descent;
aboriginal traditional fishing means fishing engaged in by an Aboriginal person for the purposes of satisfying personal, domestic or non-commercial, communal needs, including ceremonial, spiritual and educational needs, and using fish and other natural marine and freshwater products according to relevant aboriginal custom;
aboriginal traditional fishing management plan—see section 60;
Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;
advisory committee means an advisory committee established under section 20;
aquaculture has the same meaning as in the Aquaculture Act 2001;
aquaculture fish means fish farmed under an aquaculture licence;
aquaculture licence has the same meaning as in the Aquaculture Act 2001;
aquatic animal means an aquatic animal of any species, and includes the reproductive products and body parts of an aquatic animal;
aquatic mammal means a seal or sea lion (order Pinnipedia) or a dolphin or whale (order Cetacea);
aquatic plant means an aquatic plant of any species, and includes the reproductive products and parts of an aquatic plant;
aquatic reserve means any waters, or land and waters, declared by proclamation to constitute an aquatic reserve;
aquatic resource means fish or aquatic plants;
aquatic resources of the State means aquatic resources of the waters to which this Act applies but does not include aquatic resources being farmed under an aquaculture licence;
arrangement means—
(a)
an arrangement made by the State with the Commonwealth under Part 4 Division 1 (whether or not it is also made with another State or other States); or
(b)
an agreement made by the State with 1 or more other States under Part 4 Division 3;
Australian fishing zone means the Australian fishing zone as defined in the Commonwealth Act;
authorised person means a fisheries officer, scientific observer or sea ranger;
authority means a licence, permit, registration, authorisation or other authority under this Act;
boat means a vessel or craft that is used, or is capable of being used, as a means of transportation on water;
coastal waters has the same meaning as in the Commonwealth Act;
commercial fishing means fishing for a commercial purpose;
commercial purpose means the purpose of trade or business;
commercial quantity means a quantity declared by the regulations to be a commercial quantity for the purposes of this Act;
Commonwealth Act means the Fisheries Management Act 1991 of the Commonwealth;
Commonwealth Minister means the Minister for the time being administering the Commonwealth Act and any other Minister performing and exercising functions and powers under section 60 of the Commonwealth Act;
condition includes a limitation;
contravene includes not comply with;
corresponding law means a law of the Commonwealth or another State or a Territory of the Commonwealth declared by the regulations to be a law corresponding to this Act;
council has the same meaning as in the Local Government Act 1999;
developmental fishery means a fishery declared by the regulations to be a developmental fishery for the purposes of this Act;
device means an implement, apparatus, device or substance for taking or facilitating the taking of an aquatic resource;
director of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act;
Director of Fisheries or Director means the person for the time being holding or acting in the office of the Director of Fisheries under Part 3 Division 1;
ecologically sustainable development—see section 7(5);
entitlement under a fishery authority means—
(a)
a gear entitlement; or
(b)
a quota entitlement; or
(c)
an entitlement of a prescribed kind;
ERD Court means the Environment, Resources and Development Court;
exemption means an exemption granted under this Act;
exotic aquatic organism means fish or an aquatic plant of a species that is not endemic to the waters to which this Act applies; and exotic fish and exotic aquatic plant have corresponding meanings;
fish means an aquatic animal other than—
(a)
an aquatic bird, an aquatic mammal, a reptile or an amphibian; or
(b)
an aquatic animal of a kind declared by the regulations to be excluded from the ambit of this definition;
fisheries officer means—
(a)
the Director; or
(b)
a police officer; or
(c)
a person appointed as a fisheries officer under section 80;
fishery—
(a)
in Part 4—means a class of fishing activities identified in an arrangement under that Part as a fishery to which the arrangement applies;
(b)
in any other case—means a class of fishing activities declared by the regulations to constitute a fishery for the purposes of this Act (other than Part 4);
fishery authority means a fishery licence or fishery permit;
fishery licence means a licence in respect of a fishery under Part 6 Division 1;
fishery permit means a permit in respect of a fishery under Part 6 Division 1;
fishing activity or fishing means the act of taking an aquatic resource, or an act preparatory to, or involved in, the taking of an aquatic resource;
fish of a priority species means—
(a)
abalone (Haliotis spp.) of all species; or
(b)
southern rock lobster (Jasus edwardsii); or
(c)
a species of fish declared by the regulations to be a priority species for the purposes of this Act;
fish processor means a person who, for a commercial purpose, processes, stores, transports or deals with fish or other aquatic resources;
foreign boat has the same meaning as in the Commonwealth Act;
Fund means the Fisheries Research and Development Fund continued in existence under section 21;
gear entitlement under a fishery authority means the maximum number of devices of a particular kind that the holder of the authority may lawfully use at any 1 time for the purpose of taking fish pursuant to the authority;
indigenous land use agreement means an indigenous land use agreement registered under Part 2 Division 3 of the Native Title Act 1993 of the Commonwealth;
Joint Authority means a Joint Authority established under section 61 of the Commonwealth Act of which the Minister is a member;
Joint Authority Fishery means a fishery in respect of which there is in force an arrangement under Part 4 Division 2 under which the fishery is to be under the management of a Joint Authority;
management plan means a management plan under Part 5;
native title group means a native title group under section 24CD of the Native Title Act 1993 of the Commonwealth;
noxious, in relation to an aquatic resource, means a species of aquatic resource declared by the Minister by notice in the Gazette to be a noxious species for the purposes of this Act;
plant includes alga;
prescribed apparatus means apparatus of a kind prescribed by the regulations for the purpose of counting, grading, weighing or sizing fish;
prescribed procedure means a procedure prescribed by the regulations for determining the weight of a fish catch;
processing—
(a)
in relation to fish—means scaling, gilling, gutting, filleting, freezing, chilling, packing or any other activity involved in preparing fish for sale;
(b)
in relation to any other aquatic resource—means any activity involved in preparing the resource for sale;
protected species means a species of aquatic resource declared by the regulations to be a protected species for the purposes of this Act;
public authority includes a Minister, statutory authority or council;
purchase means—
(a)
purchase or take in exchange; or
(b)
agree or offer to purchase or take in exchange; or
(c)
receive, or accept or take delivery, under an agreement to purchase or take in exchange; or
(d)
cause, suffer or permit an act referred to in a preceding paragraph;
quota entitlement under a fishery authority means the total quantity of aquatic resource of a particular class that may be taken under the authority during a quota period;
quota period means the period during which a total allowable catch or total allowable commercial catch may be taken;
recreational fishing means fishing other than commercial fishing or aboriginal traditional fishing;
registered boat—
(a)
means a boat registered under Part 6 Division 1 for use under a fishery authority; and
(b)
includes a boat used in the place of a boat referred to in paragraph (a) with the consent of the Minister and in accordance with the conditions (if any) of that consent;
registered fish processor means a person who is registered as a fish processor under Part 6 Division 3;
registered master—
(a)
means a person registered under Part 6 Division 1 as master of a boat that may be used under a fishery authority; and
(b)
includes a person acting in the place of a person referred to in paragraph (a) with the consent of the Minister and in accordance with the conditions (if any) of that consent;
registered owner—
(a)
in relation to a registered boat—means, subject to paragraph (b), the holder of the fishery authority under which the registered boat may be used; or
(b)
in relation to a boat being used by the holder of a fishery authority under this Act in place of a boat registered under Part 6 Division 1—means the holder of that authority;
register of authorities—see section 116(1)(a);
register of exemptions—see section 116(1)(b);
relevant Act means—
(a)
in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or
(b)
in relation to a marine park—the Marine Parks Act 2007; or
(c)
in relation to the River Murray—the River Murray Act 2003;
relevant Minister means—
(a)
in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or
(b)
in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or
(c)
in relation to the River Murray—the Minister to whom the administration of the River Murray Act 2003 is committed;
repealed Act means the Fisheries Act 1982;
River Murray has the same meaning as in the River Murray Act 2003;
scientific observer means a person appointed as a scientific observer under section 80;
sea ranger means a person appointed as a sea ranger under section 80;
sell means—
(a)
sell or give in exchange; or
(b)
agree or offer to sell or give in exchange; or
(c)
have in possession or control, expose, store, consign or deliver for sale or exchange; or
(d)
cause, suffer or permit an act referred to in a preceding paragraph;
specially protected area means—
(a)
the Adelaide Dolphin Sanctuary; or
(b)
a marine park; or
(c)
the River Murray;
species includes a subspecies or variety;
State includes a Territory;
take, in relation to an aquatic resource, means catch, take or obtain the resource (whether dead or alive) from any waters or kill or destroy the resource in any waters;
total allowable catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period;
total allowable commercial catch, in relation to a fishery, means the total quantity of aquatic resources of a particular class that may be taken from the waters of the fishery during a particular period for a commercial purpose;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;
waters means—
(a)
any sea or inland waters (including any body of water or watercourse of any kind whether occurring naturally or artificially created); and
(b)
the bed of such waters.
(2)
A class of fishing activities may be defined in an instrument under this Act by reference to all or any of the following factors:
(a)
a species of aquatic resource;
(b)
a description of aquatic resource by reference to sex, size, weight or any other characteristic;
(c)
a number or quantity of aquatic resource;
(d)
a period of time;
(e)
an area of waters or a place;
(f)
a method of fishing;
(g)
a class or number of boats;
(h)
a class of persons;
(i)
a purpose of activities;
(j)
any other factor.
(3)
In this Act—
(a)
a reference to engaging in a fishing activity of a class is to be construed as a reference to doing an act that falls within the defined class and as including a reference to—
(i)
using a device for the purpose of the activity; or
(ii)
using a boat for the purpose of the activity; or
(iii)
being in charge of, or acting as a member of the crew of, a boat that is being used for the purpose of the activity; or
(iv)
diving in waters for the purpose of the activity; or
(v)
causing, assisting, suffering or permitting a person to do an act referred to in this section;
(b)
a reference to waters includes a reference to the intertidal and supra tidal zones of waters;
(c)
a reference to the waters of a fishery is a reference to the waters in relation to which the fishery is constituted.
(4)
For the purposes of this Act, an aquatic resource will not be regarded as having been taken if it is taken but immediately returned to the water unencumbered in any way and with as little injury or damage as possible.

4Declaration of aquatic reserves

(1)
The Governor may, by proclamation—
(a)
declare that waters, or land and waters, specified in the proclamation, constitute an aquatic reserve; and
(b)
assign a name to the aquatic reserve so constituted.
(2)
Land cannot form part of an aquatic reserve unless the land has been placed under the care, control and management of the Minister.
(3)
The Governor may, by subsequent proclamation—
(a)
abolish an aquatic reserve; or
(b)
alter the boundaries of an aquatic reserve; or
(c)
alter the name of an aquatic reserve.

5Application of Act

(1)
Subject to any limitations expressly prescribed in this Act, this Act applies—
(a)
in relation to all waters that are within the limits of the State; and
(b)
except for purposes relating to a fishery that is to be managed in accordance with the law of the Commonwealth under an arrangement under Part 4 Division 2 or purposes prescribed by paragraph (d)—in relation to any waters of the sea not within the limits of the State that are on the landward side of waters adjacent to the State that are within the Australian fishing zone; and
(c)
for purposes relating to a fishery that is to be managed in accordance with the law of the State under an arrangement under Part 4 Division 2—in relation to any waters to which the legislative powers of the State extend, with respect to that fishery, whether under section 5 of the Coastal Waters (State Powers) Act 1980 of the Commonwealth or otherwise; and
(d)
for purposes relating to recreational fishing activities engaged in otherwise than by use of a foreign boat (other than recreational fishing activities prohibited or regulated under a plan of management determined under section 17 of the Commonwealth Act)—in relation to any waters to which the legislative powers of the State extend with respect to such activities.
(2)
This Act does not apply in relation to an activity (other than the taking of aquatic resources for a commercial purpose or the introduction of exotic aquatic organisms or disease in aquatic resources) engaged in relation to inland waters if those waters are surrounded by land that is in the ownership, possession or control of the same person (being a person other than the Crown or an instrumentality of the Crown).
(3)
Native title and native title rights and interests are not affected by the operation of this Act except to the extent authorised under the Native Title Act 1993 of the Commonwealth.

5ALicence or other right is not personal property for the purposes of Commonwealth Act

An authority granted by or under this Act is not personal property for the purposes of the Personal Property Securities Act 2009 of the Commonwealth.

6Ownership of aquatic resources of State

(1)
The Crown in right of the State owns all aquatic resources (whether living or dead) of the State.
(2)
Property in aquatic resources of the State passes—
(a)
to the holder of a licence, permit or other authority granted under this Act when taken in accordance with that licence, permit or other authority; or
(b)
to any other person when taken lawfully in circumstances in which no licence, permit or other authority is required under this Act for the taking.

Part 2Objects of Act7Objects of Act

(1)
An object of this Act is to protect, manage, use and develop the aquatic resources of the State in a manner that is consistent with ecologically sustainable development and, to that end, the following principles apply:
(a)
proper conservation and management measures are to be implemented to protect the aquatic resources of the State from over-exploitation and ensure that those resources are not endangered;
(b)
access to the aquatic resources of the State is to be allocated between users of the resources in a manner that achieves optimum utilisation and equitable distribution of those resources to the benefit of the community;
(c)
aquatic habitats are to be protected and conserved, and aquatic ecosystems and genetic diversity are to be maintained and enhanced;
(d)
recreational fishing and commercial fishing activities are to be fostered for the benefit of the whole community;
(e)
the participation of users of the aquatic resources of the State, and of the community more generally, in the management of fisheries is to be encouraged.
(2)
The principle set out in subsection (1)(a) has priority over the other principles.
(3)
A further object of this Act is that the aquatic resources of the State are to be managed in an efficient and cost effective manner and targets set for the recovery of management costs.
(4)
The Minister, the Director, the ERD Court and other persons or bodies involved in the administration of this Act, and any other person or body required to consider the operation or application of this Act (whether acting under this Act or another Act), must—
(a)
act consistently with, and seek to further the objects of, this Act; and
(b)
insofar as this Act applies to the Adelaide Dolphin Sanctuary, seek to further the objects and objectives of the Adelaide Dolphin Sanctuary Act 2005; and
(c)
insofar as this Act applies to the River Murray, seek to further the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and
(d)
insofar as this Act applies to areas within a marine park, seek to further the objects of the Marine Parks Act 2007.
(5)
For the purposes of subsection (1), ecologically sustainable development comprises the use, conservation, development and enhancement of the aquatic resources of the State in a way, and at a rate, that will enable people and communities to provide for their economic, social and physical well-being while—
(a)
sustaining the potential of aquatic resources of the State to meet the reasonably foreseeable needs of future generations; and
(b)
safeguarding the life-supporting capacity of the aquatic resources of the State; and
(c)
avoiding, remedying or mitigating adverse effects of activities on the aquatic resources of the State,
(taking into account the principle that if there are threats of serious or irreversible damage to the aquatic resources of the State, lack of full scientific certainty should not be used as a reason for postponing measures to prevent such damage).

Part 3AdministrationDivision 1Minister and Director8Minister

(1)
The Minister has the functions and powers assigned or conferred by or under this Act.
(2)
If a document appears to bear the common seal of the Minister, it will be presumed, in the absence of proof to the contrary, that the common seal of the Minister was duly affixed to the document.

9Director

(1)
The office of the Director of Fisheries continues in existence.
(2)
The Director is a Public Service employee.

10Delegation

(1)
The Minister may delegate a function or power of the Minister under this Act (other than this power of delegation) to the Director or any other person or body (including a person for the time being holding or acting in a specified office or position).
(2)
The Director may delegate a function or power of the Director under this Act (other than this power of delegation) to a Public Service employee (including a person for the time being holding or acting in a specified office or position).
(3)
A delegation under this section—
(a)
must be by instrument in writing; and
(b)
may be absolute or conditional; and
(c)
does not derogate from the power of the delegator to act in a matter; and
(d)
is revocable at will.
(4)
A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.
(5)
In legal proceedings, an apparently genuine certificate, purportedly signed by the Minister or the Director containing particulars of a delegation under this section, will, in the absence of proof to the contrary, be accepted as proof that the delegation was made in accordance with the particulars.

Division 3Advisory committees20Establishment of committees

(1)
The Minister may establish committees to provide advice to the Minister on any matter related to the administration of this Act.
(2)
The members of a committee established under this section will be appointed by the Minister and hold office for a term and on conditions determined by the Minister.
(4)
The membership of a committee must include persons who, in the opinion of the Minister, have expertise in fields relevant to those matters on which the committee is established to provide advice about and, in particular—
(a)
a committee established to provide advice on the management of a fishery must include at least 1 person with expertise in fisheries management and at least 1 person with expertise in fisheries research;
(b)
a committee established to provide advice on the allocation of the aquatic resources of a fishery must include persons who have expertise in issues related to that matter and who are cognisant of the interests of the various stakeholders in the fishery.
(5)
The procedures to be observed in relation to the conduct of the business of a committee will be—
(a)
as prescribed by the regulations; or
(b)
insofar as the procedure is not prescribed by the regulations—as determined by the Minister.

Division 4Fisheries Research and Development Fund21Continuation of Fund

(1)
The Fisheries Research and Development Fund continues in existence.
(2)
The Fund will continue to be kept in a separate account at the Treasury.
(3)
The Fund consists of—
(a)
money in the Fund immediately before the commencement of this Act; and
(b)
money provided by Parliament for the purposes of the Fund; and
(c)
grants, gifts and bequests made to the Minister for payment into the Fund; and
(ca)
voluntary payments from persons and organisations involved in the fishing industry; and
(d)
fees, levies and charges paid under this Act; and
(e)
income arising from investment of the Fund; and
(f)
all other money that is required or authorised by or under this Act or another law to be paid into the Fund.
(4)
Money in the Fund that is not for the time being required for the purposes of this Act may be invested by the Minister with the approval of the Treasurer.
(5)
The Minister may apply a part of the Fund—
(a)
in making a refund required or authorised by this Act to be made; and
(b)
in payment of a reward under section 123; and
(c)
in payment of compensation payable to any person under this Act; and
(ca)
in payment of the costs of—
(i)
projects relating to the management of aquatic resources; and
(ii)
research or development relating to the fishing industry; and
(d)
in making any other payment required by this Act or another law to be made from the Fund; and
(e)
in payment of expenses of administering the Fund; and
(f)
in defraying the costs of administering and enforcing this Act.

22Accounts

The Minister must cause proper accounts to be kept in relation to the Fund.

23Audit

The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.

Part 4Commonwealth-State arrangementsDivision 1Commonwealth-State joint authorities24Powers and functions of Minister

(1)
The Minister may exercise a power conferred on the Minister by Part 5 of the Commonwealth Act, including a power or function of the Minister as a member of a Joint Authority.
(2)
If, in the exercise of a power conferred by Part 5 of the Commonwealth Act, the Minister appoints a deputy, the deputy may exercise the power conferred by that Act on the deputy of a member of a Joint Authority other than the Commonwealth Minister.

25Judicial notice

All courts and persons acting judicially must take judicial notice of the signature of a person who is or has been a member of a Joint Authority or a deputy of a member of a Joint Authority and of the fact that the person is, or was at a particular time, a member or deputy.

26Functions of Joint Authority

A Joint Authority has such functions in relation to a fishery in respect of which an arrangement is in force under Division 2 as are conferred on it by the law in accordance with which, under the arrangement, the fishery is to be managed.

27Delegation

(1)
A Joint Authority may, by instrument in writing, either generally or otherwise, delegate to a person any of its powers under this Act other than this power of delegation.
(2)
If a power delegated under subsection (1) is exercised by the delegate, the power will, for the purposes of this Act, be taken to have been exercised by the Joint Authority.
(3)
A delegation under this section may be expressed as a delegation to the person from time to time holding, or performing the duties of, a specified office, including an office—
(a)
in the service of; or
(b)
in the service of an authority of; or
(c)
under the law of,
the Commonwealth or another State of the Commonwealth.
(4)
A delegate of a Joint Authority is, in the exercise of delegated powers, subject to the directions of the Joint Authority.
(5)
A delegation under this section—
(a)
may be revoked, by instrument in writing, by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); and
(b)
continues in force despite any change in the membership of the Joint Authority.
(6)
A certificate signed by a member of a Joint Authority stating a matter with respect to a delegation under this section by the Joint Authority will, in the absence of proof to the contrary, be accepted as proof of the matter stated.
(7)
In legal proceedings, an apparently genuine document purporting to be a certificate referred to in subsection (6) will, in the absence of proof to the contrary, be taken to be such a certificate and to have been duly given.
(8)
Nothing in this Part is intended to prevent the delegation by a Joint Authority, in accordance with a law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth.

28Procedure of Joint Authorities

(1)
Sections 66 to 68 (inclusive) of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act.
(2)
A written record of a decision of a Joint Authority, if signed by the Commonwealth Minister, or a deputy of that Minister, who took part in or made the decision will, in the absence of proof to the contrary, be accepted as proof that the decision, as recorded, was duly made.
(3)
In proceedings in a court, an instrument or other document signed on behalf of a Joint Authority will be taken to have been duly executed by the Joint Authority and, unless the contrary is proved, will be taken to be in accordance with a decision of the Joint Authority.

29Report of Joint Authority

The Minister must cause a copy of a report of a Joint Authority prepared under section 70 of the Commonwealth Act to be laid before each House of Parliament as soon as practicable after preparation of the report.

Division 2Arrangements with Commonwealth with respect to management of particular fisheries

30Arrangement for management of certain fisheries

(1)
The State may, in accordance with section 74 of the Commonwealth Act, make an arrangement referred to in section 71 or 72 of that Act for the management of a particular fishery.
(2)
An arrangement may be terminated or amended as provided by the Commonwealth Act.
(3)
After an arrangement has been made but before the arrangement takes effect, authorities, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations, proclamations and notices may be made, for the purposes of the operation of this Act as affected by the arrangement, as if the arrangement had taken effect but such an authority, endorsement, instrument, regulation, proclamation or notice does not have effect before the arrangement takes effect.
(4)
On termination of an arrangement, authorities, endorsements and other instruments granted, issued, renewed, made or executed, and regulations, proclamations and notices made, for the purposes of the operation of this Act as affected by the arrangement, cease to have effect.
(5)
After action for the purpose of the termination of an arrangement has been taken but before the termination takes effect, authorities, endorsements and other instruments may be granted, issued, renewed, made or executed, and regulations, proclamations and notices may be made, for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated but such an authority, endorsement, instrument, regulation, proclamation or notice does not have effect before the termination of the arrangement takes effect.

31Application of this Act to fisheries in accordance with arrangements

If there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law), the provisions of this Act apply to and in relation to the fishery except that those provisions do not apply to or in relation to matters that occurred before the arrangement took effect.

32Application of Commonwealth law to limits of State in accordance with arrangements

If there is in force an arrangement that provides that a particular fishery is to be managed in accordance with the law of the Commonwealth (whether or not also in accordance with some other law), the law of the Commonwealth applies to the limits of the State as a law of the State.

33Functions of Joint Authority

(1)
If, in respect of a fishery, there is in force an arrangement under which a Joint Authority has the management of the fishery and the fishery is to be managed in accordance with the law of the State (whether or not also in accordance with some other law), the Joint Authority has the functions of keeping constantly under consideration the condition of the fishery, formulating policies and plans for the good management of the fishery and, for the purposes of the management of the fishery, exercising the powers conferred on it by this Act and co-operating and consulting with other authorities (including other Joint Authorities within the meaning of the Commonwealth Act) in matters of common concern.
(2)
A Joint Authority must, in the performance of its functions under this section, act consistently with, and seek to further, the objects of this Act.

34Joint Authority to exercise certain powers instead of Minister or Director

(1)
Subject to this section, an authority or endorsement granted, issued, renewed or made under this Act otherwise than by virtue of this section does not authorise the doing of an act or thing in or in relation to a Joint Authority fishery.
(2)
The powers conferred before or after the commencement of this Part on the Minister or the Director, or the delegate of the Minister or the Director, by or under this Act (this Part excepted) or the regulations (including powers with respect to the grant, renewal, revocation and suspension of authorities) in respect of a Joint Authority fishery that is to be managed in accordance with the law of the State (whether or not also in accordance with some other law) are exercisable by the Joint Authority to the exclusion of the Minister or the Director or the delegate of the Minister or the Director.
(3)
An authority granted under this Act by a Joint Authority will contain conditions and limitations that it does not apply in relation to a Joint Authority fishery, or Joint Authority fisheries, not managed by that Joint Authority.
(4)
A Joint Authority may endorse an authority granted under this Act (including an authority granted by that Joint Authority or another Joint Authority) so as to extend the operation of the authority to matters to which the powers of the Joint Authority under this Act are applicable and, where such an endorsement is made—
1. (a)
  the endorsement ceases to have effect if the authority ceases to have effect; and
2. (b)
  the Joint Authority may suspend or revoke the endorsement as if it were an authority granted by the Joint Authority.
(5)
Subject to section 37(1)(b) and (c), if, at a time a fishery becomes a Joint Authority fishery, a regulation, proclamation or notice under this Act that would, but for this subsection, apply to the fishery, the regulation, proclamation or notice (as the case may be) ceases so to apply.
(6)
This section does not empower a Joint Authority to grant, or to take other action in respect of, an authority in respect of a foreign boat or to endorse such an authority.

35Application of certain provisions relating to offences

For the purposes of the prosecution of a person for an offence under this Act in respect of anything done to or in relation to fish to which a Joint Authority fishery relates or otherwise in relation to a Joint Authority fishery, a reference in the provision creating the offence to an authority of a particular kind is to be read as a reference to such an authority, or an endorsement of such an authority, granted, issued, renewed or made by the relevant Joint Authority.

36Presumption relating to certain statements

A statement in an arrangement to the effect that specified waters—
(a)
in the case of an arrangement to which the Commonwealth and the State are the only parties—are waters adjacent to the State; and
(b)
in the case of any other arrangement—are waters adjacent to the States that are parties to the arrangement or are waters adjacent to a specified State or States,
will, for the purposes of this Act, be conclusively presumed to be correct.

37Regulations relating to Joint Authority fishery

(1)
If a Joint Authority is to manage a fishery in accordance with the law of the State (whether or not also in accordance with some other law), the Governor may, for the purpose of giving effect to a decision of the Joint Authority—
1. (a)
  make regulations for the management of the fishery; or
2. (b)
  make a regulation applying to the fishery a regulation made otherwise than under this section; or
3. (c)
  vary a regulation made otherwise than under this section so that it is expressed to apply to the fishery, whether or not it also applies to any other fishery.
(2)
The power conferred on the Governor to make regulations otherwise than under subsection (1) does not extend to the making of a regulation of a kind referred to in subsection (1)(a) or (b) or the amendment of a regulation in the manner referred to in subsection (1)(c).
(3)
If a regulation affecting a fishery that is to be managed by a Joint Authority is expressed to be made under this section, it will be conclusively presumed that it was made for the purpose of giving effect to a decision of the Joint Authority.

Division 3Arrangements with other States38Arrangements with other States

The Minister may enter into an agreement with a Minister administering a corresponding law, or with an authority of another State concerned in the administration of that law, for the purpose of co-operation in furthering the objects of this Act (whether in this State or in that other State).

39Functions

(1)
For the purposes of this Division, the Minister may perform any power and exercise any function conferred on the Minister under Division 1 or Division 2 as if the Commonwealth Act applied under this Division.
(2)
Division 1 and Division 2 apply in respect of agreements under this Division, with such modifications as are necessary.

Part 5Management plans for commercial fishing, recreational fishing and aquatic reserves40Interpretation

In this Part, unless the contrary intention appears—
(a)
a reference to an aquatic reserve includes a reference to waters, or land and waters, proposed to be constituted as an aquatic reserve;
(b)
a reference to a draft management plan includes a reference to a draft amendment to, or the draft revocation of, a management plan previously made under this Part;
(c)
a reference to a fishery includes a reference to a class of fishing activities proposed to be constituted as a fishery;
(d)
a reference to a management plan includes a reference to an amendment to, or the revocation of, a management plan previously made under this Part.

41Application of Part

This Part does not apply to an aboriginal traditional fishing management plan.

42Preparation of management plans

The Minister may prepare management plans for the following:
(a)
classes of commercial fishing activities;
(b)
classes of recreational fishing activities;
(c)
aquatic reserves.

43General nature and content of management plans

(1)
A management plan must—
(a)
be consistent with the objects of this Act; and
(b)
be consistent with any relevant aboriginal traditional fishing management plan; and
(c)
set out the management objectives of the plan and strategies for achieving those objectives; and
(d)
identify research needs and priorities; and
(e)
set out the resources required to implement the plan; and
(f)
take into account—
(i)
the advice of any committee established by the Minister for that purpose; and
(ii)
the provisions of any relevant state planning policy or regional plan, and the Planning and Design Code, under the Planning, Development and Infrastructure Act 2016; and
(iii)
the provisions of any document prescribed for the purposes of this paragraph (insofar as is relevant to the operation of this Act and reasonably practicable).
(2)
A management plan for a fishery must—
(a)
identify the fishery to which the plan relates; and
(b)
describe the biological, economic and social characteristics of the fishery; and
(c)
identify the impacts or potential impacts of the fishery on its associated ecosystem or ecosystems, including impacts on non-target species of fish or other aquatic resources; and
(d)
identify any ecological factors that could have an impact on the performance of the fishery; and
(e)
assess the risks (if any) identified under paragraphs (c) and (d) to determine the most serious risks; and
(f)
set out strategies for addressing those risks; and
(g)
set out methods for monitoring the performance of the fishery and the effectiveness of the plan, including performance indicators, trigger points for review or action and progress reporting; and
(h)
specify the share of aquatic resources to be allocated to each fishing sector under the plan; and
(i)
prescribe a method, or establish an open and transparent process for determining the method, for adjusting allocations of aquatic resources between the different fishing sectors during the term of the plan; and
(j)
provide that compensation will be paid to persons whose licences or licence entitlements are compulsorily acquired in order to reduce the share of aquatic resources allocated to the commercial fishing sector and increase the share allocated to another sector.

(3)
In determining the share of aquatic resources to be allocated to a particular fishing sector under the first management plan for an existing fishery, the share of aquatic resources to which that fishing sector had access at the time the Minister decided to prepare the plan (based on the most recent information available to the Minister) must be taken into account.
(4)
A management plan may relate to more than 1 class of fishing activity or more than 1 aquatic reserve.
(5)
In this section—
existing fishery means a fishery constituted under this Act by virtue of clause 5 of Schedule 1.

44Procedure for preparing management plans

(1)
The Minister must, in relation to a proposal to prepare a management plan—
(a)
by notice published on a website determined by the Minister or in a newspaper circulating generally within the State, give notice of the intention to prepare the management plan with a description of the general purpose of the proposed management plan; and
(b)
prepare a draft of the management plan; and
(c)
seek the views of a representative of all signatories to any indigenous land use agreement that is in force in relation to any of the area to which the plan relates in relation to the draft.
(2)
The Minister must, after preparing a draft management plan, prepare a report containing—
(a)
an explanation of the purpose and effect of the draft management plan; and
(b)
a summary of the background and issues relevant to the draft management plan and of the analysis and reasoning applied in formulating the plan.
(3)
The Minister, after preparing the draft management plan and related report—
(a)
refer the plan and report to—
(ii)
the representative of all signatories to any indigenous land use agreement that is in force in relation to any area to which the plan relates; and
(iii)
any advisory committee whose area of responsibility is affected by the plan; and
(iv)
any public authority whose area of responsibility is, in the opinion of the Minister, particularly affected by the plan; and
(b)
publish a notice in a manner determined by the Minister—
(i)
giving notice of places at which the draft management plan and report (or copies of the draft management plan and report) are to be available for inspection and, if copies are to be available for purchase, places at which copies may be purchased; and
(ii)
inviting interested persons to make written submissions in relation to the draft management plan within a period specified in the advertisement (being not less than 2 months from the date of publication of the advertisement); and
(iii)
stating that the submissions will be available for inspection as provided by subsection (5); and
(iv)
appointing a place and time at which a public hearing will be commenced by the Minister in which interested persons may appear to be heard in relation to the draft management plan and the submissions.
(4)
However, the Minister may, in relation to a particular draft management plan, dispense with the requirement for the holding of a public hearing if satisfied that it is not warranted in the circumstances.
(5)
If written submissions are made in response to a notice published under subsection (3)(b), a copy of those submissions must be made available for inspection by interested persons during ordinary business hours at an office specified by the Minister from the end of the period specified for the making of submissions until a date determined by the Minister.
(6)
At the time and place appointed for a public hearing, interested persons may appear and make submissions to the Minister that are relevant to the draft management plan or the written submissions relating to the draft management plan.
(7)
After consulting with and considering the advice of the persons and bodies referred to in subsection (3)(a) on—
(a)
the provisions of the draft management plan; and
(b)
all matters raised as a result of public consultation under this section; and
(c)
any alterations that the Minister proposes should be made to the draft management plan,
the Minister may—
(d)
adopt the draft management plan; or
(e)
alter the draft management plan and adopt the draft management plan as altered; or
(f)
decline to adopt the draft management plan.
(9)
A management plan has no force or effect until adopted by the Minister.
(10)
On adopting a draft management plan, the Minister must cause notice of that fact to be published in the Gazette.
(11)
The Minister must, in the Gazette notice adopting a management plan, fix a date on which the plan will take effect.
(12)
A failure of the Minister to comply with a requirement of this section does not affect the validity of a management plan.

45Tabling of management plans

The Minister must, within 12 sitting days after adopting a management plan, cause copies of the plan to be laid before both Houses of Parliament.

46Procedure for making certain amendments to management plans

(1)
The Minister may, by notice in the Gazette, amend a management plan—
1. (a)
  to correct an error; or
2. (b)
  to make a change of form (not involving a change of substance) in the plan; or
3. (c)
  if the Governor is satisfied that the amendment would not substantially alter the plan; or
4. (d)
  if the plan or the regulations provide that a change of a specified kind may be made by amendment under this section—to make a change of that kind.
(2)
An amendment under this section takes effect on the day fixed in the Gazette notice of the amendment.

47Duration of management plans

(1)
A management plan for a developmental fishery or part of such a fishery expires—
(a)
on the third anniversary of its commencement; or
(b)
on the expiry date specified in the plan,
whichever is the earlier.
(2)
Subject to this section, any other management plan expires—
(a)
on the tenth anniversary of its commencement; or
(b)
on the expiry date specified in the plan,
whichever is the earlier.
(3)
If—
(a)
a management plan is due to expire in 6 months or less; and
(b)
a draft management plan to replace the existing plan has not yet been adopted by the Minister under this Part,
the Minister must, by notice in the Gazette published before the expiry of the plan, extend the term of the plan for a period specified in the notice (being a period of not less than 12 months and not more than 5 years).
(4)
The Minister may not extend the term of a management plan under subsection (3) more than once.
(5)
If the Minister has extended the term of an existing plan under subsection (3), the Minister must ensure that, during the extended term, he or she adopts a replacement management plan to come into effect on the expiry of the existing plan.

48Availability and evidence of management plans

(1)
Copies of each management plan must be kept available for inspection and purchase by the public during ordinary office hours at a place or places determined by the Minister.
(2)
In legal proceedings, evidence of the contents of a management plan may be given by production of a document certified by the Minister as a true copy of the plan.
(3)
An apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.

49Review of management plans

(1)
The Minister may review a management plan at any time.
(2)
The Minister must, as soon as practicable after the fifth anniversary of the commencement of a management plan, conduct a comprehensive review of the plan for the purpose of determining whether the plan should be amended, replaced or reinstated without amendment.
(3)
The Minister must prepare a report on the outcome of a review under this section within 12 months after the commencement of the review.
(4)
The Minister must, within 12 sitting days after completing the report, cause copies of the report to be laid before both Houses of Parliament.
(5)
If a report under this section recommends that a management plan should be reinstated without amendment on its expiry, the plan may be so reinstated without following the procedures set out in section 44.
(6)
If a plan is to be reinstated under this section, the Minister must—
(a)
adopt the plan; and
(b)
cause notice of that fact to be published in the Gazette; and
(c)
in the Gazette notice adopting the plan, fix a date on which the plan will take effect.

50Implementation of management plans

(1)
The Minister must manage commercial and recreational fishing activities and aquatic reserves in accordance with any relevant management plan adopted by the Minister under this Part.
(2)
This section does not affect the validity of an act or decision done or made under a provision of this Act (or any regulations under this Act).

Part 6Regulation of fishing and processingDivision 1Commercial fishing51Interpretation

In this Division—
authority means a licence, permit or registration;
licence means a fishery licence;
permit means a fishery permit;
registration means registration of any of the following:
(a)
a boat;
(b)
the master of a boat;
(c)
a device.

52Obligation of commercial fishers to hold licence or permit

A person must not, for a commercial purpose, engage in a fishing activity of a class that constitutes a fishery unless—
(a)
the person holds a licence or permit in respect of the fishery; or
(b)
the person is acting as the agent of a person holding a licence or permit in respect of the fishery.
Maximum penalty:
(a)
in the case of a body corporate—
(i)
if the offence involves the taking of fish of a priority species or a fishing activity engaged in for the purpose of taking fish of a priority species—$500 000;
(ii)
in any other case—$100 000;
(b)
in the case of a natural person—
(i)
if the offence involves the taking of fish of a priority species or a fishing activity engaged in for the purpose of taking fish of a priority species—$250 000 or imprisonment for 4 years;
(ii)
in any other case—$50 000 or imprisonment for 2 years.

53Obligation for boats and devices used in commercial fishing to be registered

(1)
A person must not, for a commercial purpose, use a boat, or cause, suffer or permit a boat to be used, for the purpose of engaging in a fishing activity of a class that constitutes a fishery unless—
1. (a)
  the boat—
  1. (i)
    is registered for use under a licence or permit in respect of the fishery held by him or her or a person for whom he or she is acting as an agent; or
  2. (ii)
    is being used in the place of a boat referred to in subparagraph (i) with the consent of the Minister and in accordance with the conditions (if any) of that consent; and
2. (b)
  the boat is in the charge of a natural person who—
  1. (i)
    is registered as the master of a boat that may be used under the licence or permit; or
  2. (ii)
    is acting in the place of a person referred to in subparagraph (i) with the consent of the Minister and in accordance with the conditions (if any) of that consent.

Maximum penalty:
(a)
in the case of a body corporate—$250 000;
(b)
in the case of a natural person—$50 000.

(2)
A person must not, for a commercial purpose, use a device, or cause, suffer or permit a device to be used, for the purpose of engaging in a fishing activity of a class that constitutes a fishery unless the device is registered for use under a licence or permit in respect of the fishery held by him or her or a person for whom he or she is acting as an agent.

Maximum penalty:
(a)
in the case of a body corporate—$250 000;
(b)
in the case of a natural person—$50 000.

54Application for licence, permit or registration

(1)
An application for an authority must—
1. (a)
  be made in a manner and form approved by the Minister; and
2. (b)
  be completed in accordance with the instructions contained in the form; and
3. (c)
  be accompanied by the prescribed fee or an instalment of the fee in accordance with the regulations.
(2)
An applicant must provide the Minister with such evidence as the Minister thinks appropriate as to the identity, age and address of the applicant and any other information required by the Minister for the purposes of determining the application.
(3)
A licence or permit granted to a natural person may include a photograph of the holder of the licence or permit and, consequently, an applicant for a licence or permit who is a natural person may be required by the Minister—
1. (a)
  to attend at a specified place for the purpose of having the applicant's photograph taken; or
2. (b)
  to supply the Minister with 1 or more photographs of the applicant as specified by the Minister.
(4)
An authority will not be issued by the Minister except on payment of the licence, permit or registration fee prescribed by the regulations or on payment (in accordance with the regulations) of an instalment of the relevant fee.
(5)
The Minister may, by notice in writing, require an applicant for an authority, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Minister's satisfaction.
(6)
If the applicant fails to comply with the notice under subsection (5), the Minister may, without further notice, refuse the application but keep the fee that accompanied the application.
(7)
An application—
1. (a)
  for a licence or permit in respect of a fishery—will be determined by the Minister subject to, and in accordance with, the regulations for the fishery;
2. (b)
  for registration of a boat to be used pursuant to a licence or permit in respect of a fishery—will not be granted by the Minister unless he or she is satisfied—
  1. (i)
    that the applicant is the holder of a licence or permit in respect of the fishery that is in force; and
  2. (ii)
    as to the matters prescribed by the regulations for the fishery;
3. (c)
  for registration of a person as the master of a boat to be used pursuant to a licence or permit in respect of a fishery—will not be granted by the Minister unless he or she is satisfied—
  1. (i)
    that the applicant is the holder of a licence or permit in respect of the fishery that is in force; and
  2. (ii)
    that a boat is registered in the name of the applicant under this Division; and
  3. (iii)
    that the person nominated as the proposed master is not disqualified from being registered as a master and is otherwise a fit and proper person to be master of the boat;
4. (d)
  for registration of a device to be used pursuant to a licence or permit in respect of a fishery—will not be granted by the Minister unless he or she is satisfied—
  1. (i)
    that the applicant is the holder of a licence or permit in respect of the fishery that is in force; and
  2. (ii)
    as to the matters prescribed by the regulations for the fishery.
(8)
The Minister must, before determining an application that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister.
(9)
The Minister must refuse to grant an application for a fishery authority if—
1. (a)
  the applicant is disqualified from holding or obtaining a fishery authority; or
2. (b)
  the applicant is a body corporate and a director of the body corporate is disqualified from holding or obtaining a fishery authority.
(10)
The Minister may refuse to grant an application for an authority in the following circumstances:
1. (a)
  the Minister is not satisfied the applicant is a fit and proper person to hold an authority of the kind to which the application relates;
2. (b)
  the Minister is of the opinion that the issue of the authority would be inconsistent with—
  1. (i)
    an inter-governmental agreement or arrangement; or
  2. (ii)
    any instrument made under this Act;
3. (c)
  in the case of an application to register a device—
  1. (i)
    the applicant does not produce the device for examination after being requested by the Minister to do so; or
  2. (ii)
    the applicant could not lawfully use the device in the fishery even if it were registered;
4. (d)
  prescribed grounds for the refusal exist.

55Conditions of licence, permit or registration

(1)
An authority may be subject to such conditions as the Minister thinks fit and specifies in the authority.
(2)
The Minister may at any time, by written notice given to the holder of an authority, vary or revoke a condition of the authority, or impose a further condition.
(3)
The holder of an authority must not contravene a condition of the authority.
Maximum penalty:
(a)
if the condition related to the holder's quota entitlement under the authority—$20 000;
(b)
in any other case—$10 000.
Expiation fee: $500.

56Duration of authority and periodic fee and return etc

(1)
A licence remains in force (except for any period during which it is suspended) from the day on which it is granted—
1. (a)
  until it is surrendered or cancelled; or
2. (b)
  —
  1. (i)
    if it is in respect of a fishery for which there is a management plan—until the management plan expires or is revoked; or
  2. (ii)
    in any other case—for a period (not exceeding 10 years) specified in the licence.
(2)
A permit remains in force (except for any period during which it is suspended) from the day on which it is granted—
1. (a)
  until it is surrendered or cancelled; or
2. (b)
  for a period (not exceeding 3 years) specified in the permit.
(3)
Subject to this Act, registration remains in force until the expiry of the relevant licence or permit but if—
1. (a)
  the licence or permit is suspended under this Act for any period, the registration will be taken to have been suspended for the same period; or
2. (b)
  the licence or permit is cancelled or surrendered under this Act, the registration will be taken to have been cancelled or surrendered.
(4)
If a person registered as the master of a boat used pursuant to an authority is disqualified from being so registered, the registration will be taken to have been cancelled.
(5)
The holder of an authority must—
1. (a)
  in each year, pay to the Minister the relevant annual fee (in total or by instalments) in accordance with the regulations; and
2. (b)
  lodge with the Minister periodic returns in accordance with the regulations.
(6)
If the holder of an authority fails to pay the relevant annual fee (or an instalment of the relevant annual fee) in accordance with this section, the Minister may, by written notice, require the person to make good the default specified in the notice and, in addition, pay to the Minister the amount prescribed as a penalty for default.
(7)
If the holder of an authority fails to comply with a notice under subsection (6), the Minister may, by further written notice, suspend the person's authority until the notice under that subsection has been complied with.
(7a)
Subject to subsection (7b), if—
1. (a)
  an authority has been suspended by the Minister under subsection (7); and
2. (b)
  the suspension has been in effect for more than 6 months; and
3. (c)
  the Minister cannot locate the holder of the authority after making a reasonable attempt to do so,

the Minister may cancel the authority.

(7b)
The Minister must, before cancelling an authority under subsection (7a), make a reasonable attempt to give notice of the Minister's intention to cancel the authority to any person noted on the register of authorities as having an interest in the authority.
(8)
The Minister may, on application by the holder of the licence or permit on which any registration is endorsed, revoke the registration.
(9)
In this section—

annual fee means the annual licence, permit or registration fee.

57Transfer of licence or permit

(1)
A licence or permit is not transferable.
(2)
However, if the regulations for a fishery provides that licences or permits, or a class of licence or permit, in respect of the fishery are transferable, then, with the consent of the Minister, such a transfer may occur.
(3)
An application for consent to the transfer of a licence or permit must—
(a)
be a joint application made by the holder of the licence or permit and the transferee; and
(b)
be made in a manner and form approved by the Minister; and
(c)
be completed in accordance with the instructions contained in the form; and
(d)
be accompanied by the prescribed fee.
(4)
The Minister may only consent to the transfer of a licence or permit if—
(a)
the Minister is satisfied as to the matters prescribed by the regulations for the fishery; and
(b)
where the register of authorities includes a notation that a specified person has an interest in the licence or permit—that person consents to the transfer.
(5)
If a licence or permit is transferable, the registration of a boat used under the licence or permit is also transferable.
(6)
If—
(a)
a licence or permit is transferable; and

(b)
the holder of the licence or permit dies,
the licence or permit (as the case may be) vests in the personal representative of the deceased (whether the personal representative is a natural person or body corporate) as part of the estate of the deceased but cannot be transferred in the course of the administration of the estate except with the consent of the Minister.
(7)
If a deceased licence or permit holder was, immediately before his or her death, registered as the master of a boat that may be used under the licence or permit—
(a)
the boat may, while the licence or permit remains vested in the personal representative of the deceased, continue to be used for the purpose of engaging in fishing activities under the licence or permit if it is in the charge of a person who is acting with the consent of the Minister and in accordance with the conditions of that consent; and
(b)
a person so acting will be taken to be acting under section 53(b)(ii).
(8)
A licence or permit that vests in the personal representative of a deceased licence or permit holder will, if it is not transferred within 2 years after the death of the licence or permit holder or such further period as may be approved by the Minister, be suspended pending such transfer.
(9)
In this section—
personal representative means—
(a)
the executor of the will or administrator of the estate of the deceased licence or permit holder; or
(b)
in relation to any period for which there is not an executor or administrator—the Public Trustee.

58Acquisition of licences etc by Minister

(1)
If under a management plan for a fishery, the share of aquatic resources allocated between different fishing sectors is adjusted so that the share allocated to holders of licences in respect of the fishery is reduced and the share allocated to persons who do not hold such licences is increased, the Minister may, for the purpose of giving effect to the adjustment, acquire licences in respect of the fishery or entitlements under such licences.
(2)
An acquisition under subsection (1) must be made in accordance with the regulations.
(3)
Regulations made for the purposes of this section may—
(a)
provide for a scheme of acquisition by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose licences or entitlements are compulsorily acquired; and
(b)
prescribe the method of calculation of amounts payable for the acquisition of licences or entitlements or as compensation for their compulsory acquisition; and
(c)
provide for a process of objection and appeal in relation to the payment of compensation under the regulations.

59Obligation to carry authority and identification while engaging in fishing activities

(1)
Subject to the regulations, the holder of a licence or permit (being a natural person) must, at all times when he or she is engaging in any fishing activity under the licence or permit, carry with him or her—
1. (a)
  the licence or permit; and
2. (b)
  identification in the form issued by the Minister.

Maximum penalty: $2 500.
Expiation fee: $210.

(2)
Subject to the regulations, if a registered boat is being used on any waters for any purpose, the person in charge of the boat must carry with him or her—
1. (a)
  the licence or permit under which the boat may be used for the purpose of taking aquatic resources; and
2. (b)
  identification in the form issued by the Minister.

Maximum penalty: $2 500.
Expiation fee: $210.

(3)
Subject to the regulations, if a registered device is being used in or on any waters for any purpose—
1. (a)
  if the device is not being used on or from a boat, the person using the device must carry with him or her—
  1. (i)
    the licence or permit under which the device may be used; and
  2. (ii)
    identification in the form issued by the Minister;
2. (b)
  in any other case, the person in charge of the boat must carry with him or her—
  1. (i)
    the licence or permit under which the device may be used; and
  2. (ii)
    identification in the form issued by the Minister.

Maximum penalty: $2 500.
Expiation fee: $210.

Division 2Aboriginal traditional fishing60Management of aboriginal traditional fishing

(1)
The Minister and a native title group that is party to an indigenous land use agreement may make an aboriginal traditional fishing management plan under the agreement for the management of specified aboriginal traditional fishing activities in a specified area of waters.
(2)
An aboriginal traditional fishing management plan under an indigenous land use agreement must—
(a)
be consistent with—
(i)
the agreement; and
(ii)
the objects of this Act; and
(iii)
any management plan under Part 5 that relates to the area of waters to which the plan applies; and
(b)
include the management objectives of the plan; and
(c)
specify the management tools and other measures to be used to achieve the management objectives; and
(d)
identify the area of waters to which the plan applies; and
(e)
identify any fisheries constituted in relation to those waters; and
(f)
specify the classes of aboriginal traditional fishing activities that are authorised by the plan; and
(g)
identify, or provide a mechanism for identifying, the classes of persons who are authorised to engage in aboriginal traditional fishing activities under the plan; and
(h)
provide a method for determining how aboriginal traditional fishing activities may be distinguished from other kinds of fishing activities; and
(i)
provide for any other matter relating to aboriginal traditional cultural fishing as required by the agreement.
(3)
The Minister must cause notice of an aboriginal traditional fishing management plan made under an indigenous land use agreement to be published in the Gazette fixing the date on which the plan will take effect.

61Availability and evidence of aboriginal traditional fishing management plans

(1)
Copies of each aboriginal traditional fishing management plan must be kept available for inspection and purchase by the public during ordinary office hours at a place or places determined by the Minister.
(2)
In legal proceedings, evidence of the contents of an aboriginal traditional fishing management plan may be given by production of a document certified by the Minister as a true copy of the plan.
(3)
An apparently genuine document purporting to be a certificate of the Minister will be accepted as such in the absence of proof to the contrary.

Division 3Processing62Obligation of fish processors to be registered

(1)
A person must not act as a fish processor unless he or she is registered as a fish processor under this Division.
Maximum penalty:
(a)
in the case of a body corporate—$50 000;
(b)
in the case of a natural person—$10 000.
(2)
However, a person is not required to be registered as a fish processor if—
(a)
the person only processes aquatic resources obtained from a registered fish processor; or
(b)
the person—
(i)
is the holder of a fishery authority or aquaculture licence; and
(ii)
only processes aquatic resources taken under the fishery authority, or aquatic resources farmed under the aquaculture licence (as the case may be) for sale to a registered fish processor or directly to persons who consume such aquatic resources; or
(c)
the person belongs to a prescribed class of persons.
(3)
A registered fish processor must not use any premises, place, boat or vehicle for or in connection with processing, storing, transporting or dealing with aquatic resources unless the premises, place, boat or vehicle is specified in the certificate of registration.
Maximum penalty:
(a)
in the case of a body corporate—$50 000;
(b)
in the case of a natural person—$10 000.
Expiation fee: $500.
(4)
Aquatic resources present in any premises, place, boat or vehicle specified in the certificate of registration of a registered fish processor will be taken to be present for a commercial purpose.

63Classes of registration

(1)
There are the following classes of registration of fish processor for the purposes of this Act:
(a)
fish processors registration—registration authorising a person—
(i)
to engage in any activity involved in processing aquatic resources for the purposes of trade or business; and
(ii)
to store, transport and deal with aquatic resources for the purposes of trade or business;
(b)
restricted registration—registration as a fish processor subject to conditions limiting the activities authorised under the registration—
(i)
to the storage of aquatic resources; or
(ii)
to the transport of aquatic resources; or
(iii)
to the buying and selling of aquatic resources on behalf of another without ever taking physical possession of the aquatic resources; or
(iv)
to such activities involving the processing of aquatic resources as the Minister thinks fit.
(2)
Conditions limiting the activities that may be carried out under the authority of registration—
(a)
may be imposed by the Minister on the grant of the registration; and
(b)
may be varied or revoked by the Minister at any time on application by the registered fish processor.

64Applications for registration

(1)
An application for registration as a fish processor must—
(a)
be made in a manner and form approved by the Minister; and
(b)
be completed in accordance with the instructions contained in the form; and
(c)
specify the premises, places, boats and vehicles proposed to be used by the applicant for or in connection with processing, storing, transporting or dealing with aquatic resources; and
(d)
be accompanied by the fee prescribed by the regulations or an instalment of the fee in accordance with the regulations.
(2)
An applicant must provide the Minister with such evidence as the Minister thinks appropriate as to the identity, age and address of the applicant and any other information required by the Minister for the purposes of determining the application.
(3)
The Minister may refuse to grant an application for registration in the following circumstances:
(a)
the Minister is not satisfied the applicant is a fit and proper person to hold registration of the kind to which the application relates;
(b)
prescribed grounds for the refusal exist.
(4)
Registration will not be granted by the Minister except on payment of the registration fee prescribed by the regulations or on payment (in accordance with the regulations) of an instalment of the registration fee.

65Conditions of registration

(1)
It is a condition of registration as a fish processor that the processor will only process, store, transport or deal with aquatic resources of a class specified in the registration.
(2)
Registration as a fish processor may be subject to such other conditions (in addition to conditions limiting the activities that may be carried out under the authority of the registration) as the Minister thinks fit and specifies in the registration.
(3)
The Minister may at any time, by written notice given to a registered fish processor, vary or revoke a condition of the registration, or impose a further condition.
(4)
A registered fish processor must not contravene a condition of the registration.
Maximum penalty:
(a)
in the case of a body corporate—$50 000;
(b)
in the case of a natural person—$10 000.
Expiation fee: $500.

66Duration of registration and periodic fee and return etc

(1)
Registration remains in force (except for any period during which it is suspended) from the day on which it is granted—
1. (a)
  until it is surrendered or cancelled; or
2. (b)
  for a period (not exceeding 3 years) specified in the registration.
(2)
A registered fish processor must—
1. (a)
  in each year, pay to the Minister the annual fee (in total or by instalments) in accordance with the regulations; and
2. (b)
  lodge with the Minister periodic returns in accordance with the regulations.
(3)
If a registered fish processor fails to pay the annual fee (or an instalment of the annual fee) in accordance with this section, the Minister may, by written notice, require the person to make good the default and, in addition, pay to the Minister the amount prescribed as a penalty for default.
(4)
If a registered fish processor fails to comply with a notice under subsection (3), the Minister may, by further written notice, suspend the person's registration until the notice under that subsection has been complied with.
(5)
The Minister will, on granting an application for registration, specify in the certificate of registration the premises, places, boats and vehicles proposed to be used by the registered fish processor for or in connection with processing, transporting, storing or dealing with aquatic resources.

Division 4Miscellaneous67Misuse of authorities

A person must not—
(a)
except as contemplated by this Act or without other reasonable excuse, give any other person the possession or control of an authority that is not in the name of that other person; or
(b)
except as contemplated by this Act or without other reasonable excuse, have in his or her possession or control an authority that is not in his or her name; or
(c)
by words or conduct, falsely represent that he or she is the person named in an authority.
Maximum penalty: $5 000.

68Issue of duplicate authority

On application by the holder of an authority and payment of the prescribed fee, the Minister may, if satisfied—
(a)
that the authority has been lost, stolen or destroyed; or
(b)
that other proper cause exists,
issue to the holder a duplicate authority.

69Effect of suspension of authority

While an authority is suspended under this Act it has no force or effect.

Part 7OffencesDivision 1Offences relating to fishing activities70Prescribed fishing activities prohibited

A person must not engage in a fishing activity of a prescribed class.
Maximum penalty:
(a)
if the fishing activity involves fish of a priority species—
(i)
for a first offence—$10 000;
(ii)
for a second offence—$20 000;
(iii)
for a third or subsequent offence—$35 000;
(b)
in any other case—
(i)
for a first offence—$5 000;
(ii)
for a second offence—$10 000;
(iii)
for a third or subsequent offence—$20 000.
Expiation fee: A fee determined in accordance with the regulations.

71Taking, injuring etc aquatic mammals and protected species prohibited

(1)
A person must not—
1. (a)
  take an aquatic mammal or aquatic resource of a protected species; or
2. (b)
  injure, damage or otherwise harm an aquatic mammal or aquatic resource of a protected species.

Maximum penalty:
(a)
if the offence involves an aquatic mammal—
(i)
in the case of a body corporate—$250 000;
(ii)
in the case of a natural person—$100 000 or imprisonment for 2 years;
(b)
in any other case—
(i)
for a first offence—
(A)
in the case of a body corporate—$50 000;
(B)
in the case of a natural person—$10 000;
(ii)
for a second or subsequent offence—
(A)
in the case of a body corporate—$100 000;
(B)
in the case of a natural person—$20 000.
Expiation fee: In the case of an offence not involving an aquatic mammal—$500.

(2)
A person must not—
1. (a)
  interfere with, harass or molest an aquatic mammal or aquatic resource of a protected species; or
2. (b)
  cause or permit interference with, harassment or molestation of, an aquatic mammal or aquatic resource of a protected species.

Maximum penalty:
(a)
if the offence involves an aquatic mammal—
(i)
in the case of a body corporate—$250 000;
(ii)
in the case of a natural person—$100 000 or imprisonment for 2 years;
(b)
in any other case—
(i)
for a first offence—
(A)
in the case of a body corporate—$50 000;
(B)
in the case of a natural person—$10 000;
(ii)
for a second or subsequent offence—
(A)
in the case of a body corporate—$100 000;
(B)
in the case of a natural person—$20 000.
Expiation fee: In the case of an offence not involving an aquatic mammal—$500.

(3)
In proceedings for an offence against this section, it is a defence if the defendant proves—
1. (a)
  that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or
2. (b)
  that the act alleged to constitute the offence was authorised by or under some other Act or law.
(4)
Subsection (3)(a) does not apply in relation to a person who is charged with an offence under section 120(1) or (1a).

72Sale, purchase or possession of aquatic resources without authority prohibited

(1)
Subject to this section, if a person sells or purchases an aquatic resource taken in waters to which this Act applies but not under an authority, the person is guilty of an offence.

Maximum penalty:
(a)
in the case of a body corporate—
(i)
if the offence involves the sale or purchase of fish of a priority species—$250 000;
(ii)
in any other case—$100 000;
(b)
in the case of a natural person—
(i)
if the offence involves the sale or purchase of fish of a priority species—$50 000 or imprisonment for 4 years;
(ii)
in any other case—$20 000 or imprisonment for 2 years.

(2)
Subject to this section, if a person sells or purchases, or has possession or control of—
1. (a)
  an aquatic resource taken in contravention of this Act or a corresponding law; or
2. (b)
  an aquatic resource of a protected species; or
3. (c)
  an aquatic resource of a prescribed class,

the person is guilty of an offence.
Maximum penalty:
(a)
in the case of a body corporate—
(i)
if the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$250 000;
(ii)
in any other case—$100 000;
(b)
in the case of a natural person—
(i)
if the offence involves the sale or purchase of fish of a priority species or the possession or control of fish of a priority species for the purposes of sale—$50 000 or imprisonment for 4 years;
(ii)
in any other case—$20 000.

(3)
In proceedings for an offence against subsection (2)—
1. (a)
  if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control, it will be presumed, in the absence of proof to the contrary, that the person had that aquatic resource in his or her possession or control for the purposes of sale;
2. (b)
  if it is proved that a person had a commercial quantity of an aquatic resource of any species in his or her possession or control in circumstances in which it is reasonable to presume that the aquatic resources were taken by that person in waters to which this Act applies, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resources from such waters.
(4)
Regulations made for the purposes of subsection (2)(c) may prescribe a class of aquatic resource comprised of or including an aquatic resource taken elsewhere than in waters to which this Act applies.
(5)
In proceedings for an offence against this section, it is a defence if the defendant proves—
1. (a)
  —
  1. (i)
    that the aquatic resources to which the proceedings relate—
    1. (A)
      were purchased from a person whose ordinary business was the selling of such aquatic resources; and
    2. (B)
      were purchased in the ordinary course of that business; or
  2. (ii)
    that the defendant did not take the aquatic resources in contravention of this Act or a corresponding law; and
2. (b)
  that the defendant did not know, and had no reason to believe, that the aquatic resources were (as the case may be)—
  1. (i)
    aquatic resources taken in waters to which this Act applies but not under an authority; or
  2. (ii)
    aquatic resources taken in contravention of this Act or a corresponding law; or
  3. (iii)
    aquatic resources of a protected species; or
  4. (iv)
    aquatic resources of a prescribed class.
(6)
In proceedings for an offence against subsection (2) relating to aquatic resources of a class prescribed for the purposes of that subsection, if it is proved—
1. (a)
  that the defendant was not—
  1. (i)
    the holder of an authority authorising the taking of aquatic resources of that class; or
  2. (ii)
    a registered fish processor; and
2. (b)
  that the defendant sold or purchased or had possession or control of more than the prescribed quantity of aquatic resources of that class,

the offence is proved unless the defendant establishes the defence under subsection (5).

(7)
Subsection (2) does not apply where a person has possession or control of an aquatic resource of a protected species pursuant to a permit issued by the Minister.
(8)
The Minister must not issue a permit for the purposes of subsection (7) unless of the opinion that it is in the public interest to do so.

73Possession of prescribed quantity of aquatic resource in prescribed circumstances

(5)
In proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control any aquatic resource and a device capable of being used for taking such aquatic resource, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resource by means of that device on that day from such waters or area of waters.
(6)
In proceedings for an offence against this Act, if it is proved that an aquatic resource was in a boat on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed in the absence of proof to the contrary, that the boat was used for the purpose of taking the aquatic resource from such waters or area of waters on that day.
(7)
In proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control a device that is prohibited under this Act or the use of which is prohibited in such waters or area of waters, it will be presumed, in the absence of proof to the contrary, that the person had used that device for the purpose of taking aquatic resources in such waters or area of waters on that day.
(8)
In proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by a fisheries officer or any other competent person will, in the absence of proof to the contrary, be accepted as proof of the distance, height, depth or position.
(9)
In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that a place or area described or indicated by him or her was within waters specified by or under this Act will, in the absence of proof to the contrary, be accepted as proof of the matter so stated.
(10)
In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that any packaging, label, slip or mark on the outside or inside of a receptacle, container, box or package of aquatic resources consigned for or on sale was marked with or contained the name or brand of any person will, in the absence of proof to the contrary, be accepted as proof that person consigned those aquatic resources for or on sale.

Division 2Regulations127General

(1)
The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
(2)
Regulations under this Act may—
(a)
make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations under this Act;
(b)
include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences;
(e)
prescribe demerit points for offences against this Act;
(f)
prescribe expiation fees not exceeding $750 for alleged offences against the regulations;
(g)
subject to subsection (3), prescribe fines not exceeding $20 000 for contravention of, or non-compliance with, a regulation.
(2a)
The regulations may—
(a)
prescribe fees for the purposes of this Act and regulate the payment, refund, waiver or reduction of such fees; and
(b)
prescribe various methods for the calculation of various fees; and
(c)
prescribe fees which may be differential, varying according to any factor stated in the regulations; and
(d)
prescribe amounts payable for the late payment of fees under this Act.
(3)
A regulation made under section 128 may prescribe fines not exceeding $100 000 for contravention of, or non-compliance with, a regulation.
(4)
Demerit points prescribed by the regulations may be differential, varying according to any factor stated in the regulations.
(5)
A provision referred to in subsection (2)(a) may, if the regulations so provide, take effect from the date of assent to this Act or a later day.
(6)
To the extent to which a provision referred to in subsection (2)(a) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a)
to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or
(b)
to impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication.
(7)
The regulations may adopt, wholly or partially and with or without modification—
(a)
a code relating to matters in respect of which regulations may be made under this Act; or
(b)
an amendment to such a code.
(8)
Any regulations adopting a code, or an amendment to a code, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary.
(9)
The regulations or a code adopted by the regulations may—
(a)
refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and
(b)
be of general or limited application; and
(c)
make different provision according to the persons, things or circumstances to which they are expressed to apply; and
(d)
provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Director or a prescribed authority.
(10)
If a code, standard or other document is adopted under subsection (7) or (9) as it is in force from time to time, any alteration to the code, standard or other document will not take effect for the purposes of this Act—
(a)
before a day on which notice of the alteration is published by the Minister in the Gazette; and
(b)
if the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister.
(11)
If—
(a)
a code is adopted by the regulations; or
(b)
the regulations, or a code adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body,
then—
(c)
a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and
(d)
in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and
(e)
the code, standard or other document has effect as if it were a regulation made under this Act.

128Regulations relating to conservation and management of aquatic resources, management of fisheries and aquatic reserves and regulation of fishing

(1)
Subject to this section, the Governor may make regulations for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves and the regulation of fishing.
(2)
Without limiting the generality of subsection (1), the regulations may—
1. (a)
  make provision for the management of a fishery (and without limiting the matters for which provision may be made)—
  1. (i)
    limit the applications for licences or permits in respect of the fishery to those that may be considered by the Minister to those made during a specified period or to those made during a specified period after a call by the Minister for applications or otherwise;
  2. (ii)
    prescribe the maximum number of licences or permits that may be in force in respect of a fishery or that may be granted in relation to applications made during a specified period or during a specified period after a call for applications;
  3. (iii)
    prescribe qualifications that applicants for licences or permits in respect of the fishery must possess to be eligible to be granted the licences or permits and any other matters to which the Minister must have regard in determining eligibility for licences or permits in respect of the fishery;
  4. (iv)
    prescribe a procedure under which applicants for licences or permits in respect of the fishery who are eligible to be granted licences or permits may be selected for the available number of licences or permits;
  5. (v)
    provide that no further licences or permits in respect of the fishery may be granted;
  6. (vi)
    provide that only the holder of a licence or permit in respect of a fishery may be registered as the master of a boat used pursuant to the licence or permit;
  7. (vii)
    prescribe matters of which the Minister must be satisfied before granting the registration of a boat;
  8. (viii)
    prescribe and provide for any security to be given by the holder of a licence or permit in respect of a fishery for due compliance with the provisions of this Act;
  9. (ix)
    authorise the transfer of licences in respect of the fishery or a class of licence in respect of the fishery;
  10. (x)
    prescribe matters of which the Minister must be satisfied before consenting to the transfer of a licence in respect of the fishery;
  11. (xi)
    prescribe matters that may be the subject of conditions of licences or permits in respect of the fishery;
  12. (xii)
    prescribe a quota system for the fishery and for that purpose (without limiting the matters which may be provided for)—
    1. (A)
      require the Minister to fix a total allowable catch, or total allowable commercial catch, for the fishery, specify the method by which the total allowable catch, or total allowable commercial catch, is to be determined and prescribe the circumstances in which the total allowable catch, or total allowable commercial catch, may be varied by the Minister during a quota period;
    2. (B)
      provide for the allocation of quota entitlements to holders of licences or permits in respect of the fishery;
  13. (xiii)
    in respect of a miscellaneous fishery provide for licences or permits of different kinds by empowering the Minister to impose conditions on the licences or permits limiting the class of fishing activities that may be engaged in pursuant to the licences or permits, limiting the term for which a licence or permit may remain in force or imposing any other limitation or restriction;
  14. (xiv)
    empower or require a court convicting the holder of a licence or permit in respect of the fishery of an offence of contravening or failing to comply with a condition of the licence or permit to order that the conditions of the licence or permit be varied by the Minister in the manner specified in the regulations;
2. (b)
  make provision for the rationalisation or restructuring of a fishery (other than by way of adjustments in allocations of aquatic resources referred to in section 58) and for that purpose (without limiting the matters for which provision may be made)—
  1. (i)
    provide a scheme for the acquisition of licences or entitlements under licences by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose licences or entitlements are compulsorily acquired;
  2. (ii)
    prescribe the method of calculation of amounts payable for the acquisition of licences or entitlements or as compensation for their compulsory acquisition;
  3. (iii)
    provide for a process of objection and appeal in relation to the payment of compensation under the regulations;
  4. (iv)
    provide for the imposition of levies for the purpose of funding the costs of acquiring licences or entitlements;
3. (c)
  identify zones within an area of waters to which an aboriginal traditional fishing management plan applies—
  1. (i)
    to which entry by persons other than Aboriginal persons is restricted or prohibited;
  2. (ii)
    within which fishing activities other than aboriginal traditional fishing activities are restricted or prohibited;
4. (d)
  require persons who engage in aboriginal traditional fishing activities, or aboriginal traditional fishing activities of a specified class, to hold a permit issued by the Minister and regulate the granting and renewal of permits, and the imposition of conditions on permits;
5. (e)
  require and regulate—
  1. (i)
    the application or affixing of a mark or other distinguishing feature to registered boats and other boats of a prescribed class;
  2. (ii)
    the removal of prescribed marks or other distinguishing features from boats that have ceased to be registered under this Act and other boats of a prescribed class;
6. (f)
  prohibit, regulate or restrict the use of registered boats for recreational fishing;
7. (g)
  require and regulate the application or affixing of marks or other distinguishing features to devices and equipment used for or in connection with fishing activities;
8. (h)
  prescribe and regulate the devices and equipment to be installed in or carried on boats used for fishing activities;
9. (i)
  prohibit, restrict or regulate the carrying or possession of devices;
10. (j)
  require and provide for the registration of devices;
11. (k)
  prescribe methods for determining the size or weight of fish or other aquatic resources;
12. (l)
  restrict or regulate the treatment, handling, storage, movement or dealing by persons engaged in fishing activities of or with fish or other aquatic resources taken in the course of those fishing activities;
13. (m)
  regulate fishing competitions;
14. (n)
  require persons engaged in fishing activities of a prescribed class to provide returns relating to those fishing activities and any matters ancillary or incidental to or connected with those fishing activities and make provision for the form and lodgment of the returns.
(3)
The Governor may only make regulations relating to aboriginal traditional fishing on the recommendation of the Minister.
(4)
The Minister may recommend the making of regulations relating to aboriginal traditional fishing if—
1. (a)
  the Minister is satisfied that the regulations are necessary or desirable for the purpose of giving effect to an aboriginal traditional fishing management plan made with a native title group under Part 6 Division 2; and
2. (b)
  the regulations are, in the opinion of the Minister, consistent with the plan and the indigenous land use agreement under which the plan was made; and
3. (c)
  the Minister has consulted the native title group and given due consideration to any comments made by the group in relation to the regulations.

129Regulations relating to processing of aquatic resources

(1)
The Governor may make regulations for the regulation of processing of aquatic resources and matters ancillary or incidental to or connected with such processing, and, without limiting the generality of the foregoing, may by such regulations—
1. (a)
  prescribe the records to be kept by fish processors;
2. (b)
  require fish processors to provide returns relating to the processing of aquatic resources and any matters ancillary or incidental to or connected with such processing;
3. (c)
  regulate the manner in which and the means by which aquatic resources may be delivered, consigned or transported for processing;
4. (d)
  regulate the manner in which aquatic resources are received and stored by fish processors, including the labelling of receptacles in which they are received and stored and the treatment of and dealing with processed aquatic resources;
5. (e)
  prohibit or restrict the sale, purchase, possession or control by fish processors of aquatic resources of a prescribed class;
6. (f)
  prohibit or regulate the use of boats in relation to the storage, processing, treatment of and dealing with aquatic resources;
7. (g)
  provide for the issue of seals and other marks for the labelling, and packages for the consignment, of processed aquatic resources;
8. (h)
  empower fisheries officers to take samples of any products of aquatic resources of a prescribed class for the purpose of analysis and provide that no compensation is payable for the taking of such samples.
(2)
Regulations made under subsection (1)(e) may prescribe a class of aquatic resources comprised of or including aquatic resources taken elsewhere than in waters to which this Act applies.

130Regulations relating to control of exotic aquatic organisms and disease

The Governor may make regulations for the control of exotic aquatic organisms and the prevention, control and eradication of disease in aquatic resources, and, without limiting the generality of the foregoing, may by such regulations—
(a)
require a person who carries on aquaculture or keeps aquatic resources to notify the Minister, the Director or a prescribed authority of the occurrence of disease or symptoms of disease in the aquatic resources farmed or kept by that person;
(b)
prohibit, restrict or regulate the bringing into the State or possession or control of aquatic resources that may be affected by disease;
(c)
require a person who carries on aquaculture or keeps aquatic resources to provide returns relating to that activity and any matters ancillary or incidental to or connected with that activity;
(d)
regulate the disposal of water in which exotic aquatic organisms have been kept;
(e)
prescribe the powers of fisheries officers for the detection, prevention, elimination or control of disease in aquatic resources;
(f)
prescribe and provide for the measures to be taken and the powers of the Minister, the Director and other fisheries officers for the recovery, eradication or containment of exotic fish or other aquatic resources that have been released or have escaped into any waters, or exotic aquatic plants that have been deposited into any waters, or for the treatment of waters contaminated by water in which exotic aquatic organisms have been kept.

Division 3Review of Act131Review of Act by Minister

(1)
The Minister must cause a review of the operation of this Act to be conducted and a report on the results of the review to be submitted to him or her.
(2)
The review must be undertaken after the tenth anniversary of the commencement of this Act and the report must be submitted to the Minister before the twelfth anniversary of that commencement.
(3)
The Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.

Schedule 1—Transitional provisions

Part 2—Transitional provisions

2—Minister

The body corporate constituted of the Minister under this Act is the same as the body corporate constituted of the Minister under the repealed Act.

3—Commonwealth-State arrangements

An arrangement under Part 2 Division 3 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be an arrangement under Part 4 Division 2 of this Act.

4—Fisheries officers

A person appointed and holding office as a fisheries officer under the repealed Act immediately before the commencement of this clause, will on that commencement, be taken to be a fisheries officer appointed under this Act and any condition applying to the appointment of the officer under the repealed Act will be taken to continue to apply to the appointment under this Act.

5—Fisheries and fishery licences

(1)
A fishery constituted under the repealed Act in existence immediately before the commencement of this clause will, on that commencement, be taken to be a fishery constituted under this Act and any regulations prescribing a scheme of management for the fishery under the repealed Act in force immediately before that commencement will, on that commencement, continue in force as if they were regulations for the management of the fishery made under this Act.
(2)
A fishery licence issued under section 34(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a fishery licence issued under section 52 of this Act and—
(a)
any conditions to which the licence was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the licence under this Act as if they had been imposed under this Act; and
(b)
a boat registered by endorsement of the licence under the repealed Act immediately before that commencement will be taken to be registered for use under the licence under this Act; and

(c)
a person registered as a master by endorsement of the licence under the repealed Act immediately before that commencement will be taken to be registered as a master of a boat that may be used under the licence under this Act; and
(d)
a device registered for use pursuant to the licence under the repealed Act immediately before that commencement will be taken to be registered for use pursuant to the licence under this Act.
(3)
A consent under section 34(2) of the repealed Act in force immediately before that commencement will be taken to continue in force as a consent under section 53(1) of this Act and any conditions that applied to the consent under the repealed Act immediately before that commencement will be taken to continue to apply to the consent under this Act.

6—Fish processor registrations

A person registered as a fish processor under the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to be registered as a fish processor under this Act and any restrictions, limitations or conditions that applied to the registration of the person under the repealed Act immediately before that commencement will be taken to continue to apply to the registration of the person under this Act as if they had been imposed under this Act.

7—Temporary prohibitions of fishing activities

(1)
A declaration under section 43(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were a declaration under section 79(1) of this Act.
(2)
A direction under section 43(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were a direction under section 79(6) of this Act.
(3)
An authorisation under section 43(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, continue in force as if it were an authorisation under section 79(6) of this Act.

8—Aquatic reserves and marine parks

(1)
Any waters, or land and waters, constituting an aquatic reserve under section 47 of the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to constitute an aquatic reserve under section 4 of this Act.
(2)
Any waters, or land and waters, constituting a marine park under section 48 of the repealed Act immediately before the commencement of this clause will, on that commencement, be taken to constitute an aquatic reserve under section 4 of this Act.

9—Permits

(1)
A permit issued under section 48G(1) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 76 of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.
(2)
A permit issued under section 48G(2) of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 77 of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.
(3)
A permit issued under section 49 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 78(1) of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.
(4)
A permit issued under section 50 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be a permit issued under section 78(2) of this Act and any conditions to which the permit was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the permit as if they had been imposed under this Act.

10—Exemptions

An exemption under section 59 of the repealed Act in force immediately before the commencement of this clause will, on that commencement, be taken to be an exemption under section 115 of this Act and any conditions to which the exemption was subject under the repealed Act immediately before that commencement will be taken to continue to apply to the exemption under this Act as if they had been imposed under this Act.

11—Register of authorities

The register of authorities maintained under the repealed Act continues in existence as the register of authorities under this Act.

Legislative history

Notes

•
Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•
Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
•
For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or repealed by principal Act
The Fisheries Management Act 2007 repealed the following:
Fisheries Act 1982
Fisheries (Gulf St. Vincent Prawn Fishery Rationalisation) Act 1987
Legislation amended by principal Act
The Fisheries Management Act 2007 amended the following:
Aquaculture Act 2001
Criminal Assets Confiscation Act 2005
Criminal Law (Undercover Operations) Act 1995
Harbors and Navigation Act 1993
Livestock Act 1997
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
2007
4
Fisheries Management Act 2007
8.3.2007
1.9.2007 (Gazette 9.8.2007 p3298) except ss 6, 21—39, 51—59, 62—102, 110—116, Sch 1 (cll 1, 3—11) and Sch 2—1.12.2007 (Gazette 15.11.2007 p4241) and except ss 103—109—8.3.2009 (s 7(5) Acts Interpretation Act 1915)
2007
60
Marine Parks Act 2007
29.11.2007
Sch 1 (cll 18—23)—6.11.2008 (Gazette 6.11.2008 p5055)
2011
11
Statutes Amendment (Personal Property Securities) Act 2011
14.4.2011
Pt 9 (s 29)—16.6.2011 (Gazette 16.6.2011 p2610)
2013
16
Statutes Amendment (Directors' Liability) Act 2013
23.5.2013
Pt 20 (ss 40 & 41)—17.6.2013 (Gazette 6.6.2013 p2498)
2013
31
Statutes Amendment (Fines Enforcement and Recovery) Act 2013
1.8.2013
Pt 7 (ss 33 & 34)—3.2.2014 (Gazette 30.1.2014 p422)
2015
8
Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015
18.6.2015
Pt 14 (s 84(1)—(3))—18.6.2015: s 2(2); ss 75—83 & 84(4)—1.7.2015 (Gazette 25.6.2015 p3076)
2017
5
Statutes Amendment (Planning, Development and Infrastructure) Act 2017
28.2.2017
Pt 12 (s 44)—19.3.2021 (Gazette 4.3.2021 p823)
2017
7
Statutes Amendment and Repeal (Simplify) Act 2017
15.3.2017
Pt 12 (ss 55—62)—15.3.2017: s 2(1)
2017
51
Statutes Amendment (SACAT No 2) Act 2017
28.11.2017
Pt 17 (ss 86 to 91)—14.12.2017 (Gazette 12.12.2017 p4960)
2019
25
Statutes Amendment and Repeal (Simplify) Act 2019
3.10.2019
Pt 18 (ss 33 to 40)—3.10.2019: s 2(1)
Provisions amended
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
amended under Legislation Revision and Publication Act 2002
16.6.2011
Pt 1
s 2
omitted under Legislation Revision and Publication Act 2002
16.6.2011
s 3
s 3(1)
Fisheries Council or Council
deleted by 8/2015 s 75
1.7.2015
Minister for the Adelaide Dolphin Sanctuary
deleted by 60/2007 Sch 1 cl 18(1)
6.11.2008
Minister for the River Murray
deleted by 60/2007 Sch 1 cl 18(2)
6.11.2008
relevant Act
inserted by 60/2007 Sch 1 cl 18(3)
6.11.2008
relevant Minister
inserted by 60/2007 Sch 1 cl 18(3)
6.11.2008
specially protected area
inserted by 60/2007 Sch 1 cl 18(4)
6.11.2008
Tribunal
inserted by 51/2017 s 86
14.12.2017
s 5A
inserted by 11/2011 s 29
16.6.2011
Pt 2
s 7
s 7(4)
amended by 60/2007 Sch 1 cl 19
6.11.2008
amended by 8/2015 s 76
1.7.2015
Pt 3
Pt 3 Div 1
s 10
s 10(1)
substituted by 8/2015 s 77
1.7.2015
Pt 3 Div 2
deleted by 8/2015 s 78
1.7.2015
Pt 3 Div 3
s 20
s 20(1) and (2)
substituted by 8/2015 s 79(1)
1.7.2015
s 20(3)
deleted by 8/2015 s 79(1)
1.7.2015
s 20(6)
deleted by 8/2015 s 79(2)
1.7.2015
Pt 3 Div 4
s 21
s 21(3)
amended by 7/2017 s 55(1)
15.3.2017
s 21(5)
amended by 7/2017 s 55(2)
15.3.2017
Pt 5
s 42
amended by 8/2015 s 80
1.7.2015
s 43
s 43(1)
amended by 8/2015 s 81(1)
1.7.2015
amended by 5/2017 s 44
19.3.2021
s 43(3)
amended by 8/2015 s 81(2)
1.7.2015
s 44
s 44(1)
amended by 8/2015 s 82(1)
1.7.2015
amended by 25/2019 s 33
3.10.2019
s 44(2)
amended by 8/2015 s 82(1)
1.7.2015
s 44(3)
amended by 8/2015 s 82(1), (3), (4)
1.7.2015
(a)(i) deleted by 8/2015 s 82(2)
1.7.2015
amended by 7/2017 s 56(1)
15.3.2017
s 44(4)
substituted by 8/2015 s 82(5)
1.7.2015
s 44(5)
substituted by 8/2015 s 82(5)
1.7.2015
amended by 7/2017 s 56(2)
15.3.2017
s 44(6)
amended by 8/2015 s 82(6)
1.7.2015
s 44(7)
substituted by 8/2015 s 82(7)
1.7.2015
s 44(8)
deleted by 8/2015 s 82(7)
1.7.2015
s 44(12)
amended by 8/2015 s 82(8)
1.7.2015
s 49
s 49(1) and (2)
amended by 8/2015 s 83(1)
1.7.2015
s 49(3) and (4)
substituted by 8/2015 s 83(2)
1.7.2015
Pt 6
Pt 6 Div 1
s 54
s 54(1)
amended by 25/2019 s 34(1), (2)
3.10.2019
s 54(4)
amended by 25/2019 s 34(3)
3.10.2019
s 54(8)
substituted by 60/2007 Sch 1 cl 20
6.11.2008
s 56
s 56(7a) and (7b)
inserted by 7/2017 s 57
15.3.2017
s 57
s 57(3)
amended by 25/2019 s 35(1), (2)
3.10.2019
Pt 6 Div 3
s 64
s 64(1)
amended by 25/2019 s 36(1), (2)
3.10.2019
s 64(4)
amended by 25/2019 s 36(3)
3.10.2019
Pt 6 Div 4
s 68
amended by 25/2019 s 37
3.10.2019
Pt 7
Pt 7 Div 1
s 71
s 71(4)
inserted by 16/2013 s 40
17.6.2013
s 72
s 72(7) and (8)
inserted by 7/2017 s 58
15.3.2017
s 74
s 74(2)
substituted by 7/2017 s 59
15.3.2017
s 74(3)
inserted by 7/2017 s 59
15.3.2017
Pt 7 Div 2
s 78
s 78(1)
substituted by 7/2017 s 60
15.3.2017
s 78(3)
substituted by 60/2007 Sch 1 cl 21
6.11.2008
s 78(4)
deleted by 60/2007 Sch 1 cl 21
6.11.2008
Pt 7 Div 3
s 79
s 79(3)
substituted by 60/2007 Sch 1 cl 22
6.11.2008
s 79(4)
deleted by 60/2007 Sch 1 cl 22
6.11.2008
Pt 7 Div 4
s 79A
inserted by 7/2017 s 61
15.3.2017
Pt 8
s 104
s 104(2) and (3)
deleted by 31/2013 s 33
3.2.2014
s 104(6a)
inserted by 25/2019 s 38
3.10.2019
s 108
s 108(5)
amended by 31/2013 s 34
3.2.2014
Pt 9 Div 1
s 111
s 111(1)
amended by 51/2017 s 87
14.12.2017
Pt 9 Div 2
heading
substituted by 51/2017 s 88
14.12.2017
s 112
substituted by 51/2017 s 89
14.12.2017
Pt 10
s 115
s 115(2)
substituted by 60/2007 Sch 1 cl 23
6.11.2008
s 115(3)
deleted by 60/2007 Sch 1 cl 23
6.11.2008
s 116
s 116(5)
amended by 25/2019 s 39(1)
3.10.2019
s 116(9)
amended by 25/2019 s 39(2)
3.10.2019
s 120
s 120(1)
substituted by 16/2013 s 41(1)
17.6.2013
s 120(1a) and (1b)
inserted by 16/2013 s 41(1)
17.6.2013
s 120(5) and (6)
inserted by 16/2013 s 41(2)
17.6.2013
s 124
s 124(1)
amended by 7/2017 s 62(1)
15.3.2017
s 124(4)
amended by 51/2017 s 90
14.12.2017
s 124(5)
inserted by 7/2017 s 62(2)
15.3.2017
s 127
s 127(2)
(c) and (d) deleted by 25/2019 s 40(1)
3.10.2019
s 127(2a)
inserted by 25/2019 s 40(2)
3.10.2019
s 127(4)
amended by 25/2019 s 40(3)
3.10.2019
Sch 1
cl 1
omitted under Legislation Revision and Publication Act 2002
16.6.2011
Sch 2
omitted under Legislation Revision and Publication Act 2002
16.6.2011
Transitional etc provisions associated with Act or amendments
Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015
84—Transitional provisions
(1)
In this section—
Minister means the Minister responsible for the administration of the Fisheries Management Act 2007.
(2)
The Fisheries Council of South Australia must, before a day fixed by the Minister for the purposes of this subsection (if any), prepare and submit to the Minister a report on the operations of the Council during a period determined by the Minister.
(3)
The Minister must, within 12 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.
(4)
A member of the Fisheries Council of South Australia ceases to hold office on the commencement of this subsection.
Statutes Amendment (SACAT No 2) Act 2017
91—Transitional provisions
(1)
A right of appeal to the Administrative and Disciplinary Division of the District Court under section 112 of the principal Act in relation to a matter in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that the relevant proceedings may be commenced instead before the Tribunal.
(2)
Nothing in this section affects any proceedings before the Administrative and Disciplinary Division of the District Court commenced under the principal Act before the relevant day.
(3)
In this section—
principal Act means the Fisheries Management Act 2007;
relevant day means the day on which this Part comes into operation;
Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.
Historical versions
6.11.2008
8.3.2009
16.6.2011
17.6.2013
3.2.2014
1.7.2015
15.3.2017
14.12.2017
3.10.2019

Year	No	Title	Assent	Commencement
2007	4	Fisheries Management Act 2007	8.3.2007	1.9.2007 (Gazette 9.8.2007 p3298) except ss 6, 21—39, 51—59, 62—102, 110—116, Sch 1 (cll 1, 3—11) and Sch 2—1.12.2007 (Gazette 15.11.2007 p4241) and except ss 103—109—8.3.2009 (s 7(5) Acts Interpretation Act 1915)
2007	60	Marine Parks Act 2007	29.11.2007	Sch 1 (cll 18—23)—6.11.2008 (Gazette 6.11.2008 p5055)
2011	11	Statutes Amendment (Personal Property Securities) Act 2011	14.4.2011	Pt 9 (s 29)—16.6.2011 (Gazette 16.6.2011 p2610)
2013	16	Statutes Amendment (Directors' Liability) Act 2013	23.5.2013	Pt 20 (ss 40 & 41)—17.6.2013 (Gazette 6.6.2013 p2498)
2013	31	Statutes Amendment (Fines Enforcement and Recovery) Act 2013	1.8.2013	Pt 7 (ss 33 & 34)—3.2.2014 (Gazette 30.1.2014 p422)
2015	8	Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015	18.6.2015	Pt 14 (s 84(1)—(3))—18.6.2015: s 2(2); ss 75—83 & 84(4)—1.7.2015 (Gazette 25.6.2015 p3076)
2017	5	Statutes Amendment (Planning, Development and Infrastructure) Act 2017	28.2.2017	Pt 12 (s 44)—19.3.2021 (Gazette 4.3.2021 p823)
2017	7	Statutes Amendment and Repeal (Simplify) Act 2017	15.3.2017	Pt 12 (ss 55—62)—15.3.2017: s 2(1)
2017	51	Statutes Amendment (SACAT No 2) Act 2017	28.11.2017	Pt 17 (ss 86 to 91)—14.12.2017 (Gazette 12.12.2017 p4960)
2019	25	Statutes Amendment and Repeal (Simplify) Act 2019	3.10.2019	Pt 18 (ss 33 to 40)—3.10.2019: s 2(1)

Provision	How varied	Commencement
Long title	amended under Legislation Revision and Publication Act 2002	16.6.2011
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	16.6.2011
s 3
s 3(1)
Fisheries Council or Council	deleted by 8/2015 s 75	1.7.2015
Minister for the Adelaide Dolphin Sanctuary	deleted by 60/2007 Sch 1 cl 18(1)	6.11.2008
Minister for the River Murray	deleted by 60/2007 Sch 1 cl 18(2)	6.11.2008
relevant Act	inserted by 60/2007 Sch 1 cl 18(3)	6.11.2008
relevant Minister	inserted by 60/2007 Sch 1 cl 18(3)	6.11.2008
specially protected area	inserted by 60/2007 Sch 1 cl 18(4)	6.11.2008
Tribunal	inserted by 51/2017 s 86	14.12.2017
s 5A	inserted by 11/2011 s 29	16.6.2011
Pt 2
s 7
s 7(4)	amended by 60/2007 Sch 1 cl 19	6.11.2008
amended by 8/2015 s 76	1.7.2015
Pt 3
Pt 3 Div 1
s 10
s 10(1)	substituted by 8/2015 s 77	1.7.2015
Pt 3 Div 2	deleted by 8/2015 s 78	1.7.2015
Pt 3 Div 3
s 20
s 20(1) and (2)	substituted by 8/2015 s 79(1)	1.7.2015
s 20(3)	deleted by 8/2015 s 79(1)	1.7.2015
s 20(6)	deleted by 8/2015 s 79(2)	1.7.2015
Pt 3 Div 4
s 21
s 21(3)	amended by 7/2017 s 55(1)	15.3.2017
s 21(5)	amended by 7/2017 s 55(2)	15.3.2017
Pt 5
s 42	amended by 8/2015 s 80	1.7.2015
s 43
s 43(1)	amended by 8/2015 s 81(1)	1.7.2015
amended by 5/2017 s 44	19.3.2021
s 43(3)	amended by 8/2015 s 81(2)	1.7.2015
s 44
s 44(1)	amended by 8/2015 s 82(1)	1.7.2015
amended by 25/2019 s 33	3.10.2019
s 44(2)	amended by 8/2015 s 82(1)	1.7.2015
s 44(3)	amended by 8/2015 s 82(1), (3), (4)	1.7.2015
(a)(i) deleted by 8/2015 s 82(2)	1.7.2015
amended by 7/2017 s 56(1)	15.3.2017
s 44(4)	substituted by 8/2015 s 82(5)	1.7.2015
s 44(5)	substituted by 8/2015 s 82(5)	1.7.2015
amended by 7/2017 s 56(2)	15.3.2017
s 44(6)	amended by 8/2015 s 82(6)	1.7.2015
s 44(7)	substituted by 8/2015 s 82(7)	1.7.2015
s 44(8)	deleted by 8/2015 s 82(7)	1.7.2015
s 44(12)	amended by 8/2015 s 82(8)	1.7.2015
s 49
s 49(1) and (2)	amended by 8/2015 s 83(1)	1.7.2015
s 49(3) and (4)	substituted by 8/2015 s 83(2)	1.7.2015
Pt 6
Pt 6 Div 1
s 54
s 54(1)	amended by 25/2019 s 34(1), (2)	3.10.2019
s 54(4)	amended by 25/2019 s 34(3)	3.10.2019
s 54(8)	substituted by 60/2007 Sch 1 cl 20	6.11.2008
s 56
s 56(7a) and (7b)	inserted by 7/2017 s 57	15.3.2017
s 57
s 57(3)	amended by 25/2019 s 35(1), (2)	3.10.2019
Pt 6 Div 3
s 64
s 64(1)	amended by 25/2019 s 36(1), (2)	3.10.2019
s 64(4)	amended by 25/2019 s 36(3)	3.10.2019
Pt 6 Div 4
s 68	amended by 25/2019 s 37	3.10.2019
Pt 7
Pt 7 Div 1
s 71
s 71(4)	inserted by 16/2013 s 40	17.6.2013
s 72
s 72(7) and (8)	inserted by 7/2017 s 58	15.3.2017
s 74
s 74(2)	substituted by 7/2017 s 59	15.3.2017
s 74(3)	inserted by 7/2017 s 59	15.3.2017
Pt 7 Div 2
s 78
s 78(1)	substituted by 7/2017 s 60	15.3.2017
s 78(3)	substituted by 60/2007 Sch 1 cl 21	6.11.2008
s 78(4)	deleted by 60/2007 Sch 1 cl 21	6.11.2008
Pt 7 Div 3
s 79
s 79(3)	substituted by 60/2007 Sch 1 cl 22	6.11.2008
s 79(4)	deleted by 60/2007 Sch 1 cl 22	6.11.2008
Pt 7 Div 4
s 79A	inserted by 7/2017 s 61	15.3.2017
Pt 8
s 104
s 104(2) and (3)	deleted by 31/2013 s 33	3.2.2014
s 104(6a)	inserted by 25/2019 s 38	3.10.2019
s 108
s 108(5)	amended by 31/2013 s 34	3.2.2014
Pt 9 Div 1
s 111
s 111(1)	amended by 51/2017 s 87	14.12.2017
Pt 9 Div 2
heading	substituted by 51/2017 s 88	14.12.2017
s 112	substituted by 51/2017 s 89	14.12.2017
Pt 10
s 115
s 115(2)	substituted by 60/2007 Sch 1 cl 23	6.11.2008
s 115(3)	deleted by 60/2007 Sch 1 cl 23	6.11.2008
s 116
s 116(5)	amended by 25/2019 s 39(1)	3.10.2019
s 116(9)	amended by 25/2019 s 39(2)	3.10.2019
s 120
s 120(1)	substituted by 16/2013 s 41(1)	17.6.2013
s 120(1a) and (1b)	inserted by 16/2013 s 41(1)	17.6.2013
s 120(5) and (6)	inserted by 16/2013 s 41(2)	17.6.2013
s 124
s 124(1)	amended by 7/2017 s 62(1)	15.3.2017
s 124(4)	amended by 51/2017 s 90	14.12.2017
s 124(5)	inserted by 7/2017 s 62(2)	15.3.2017
s 127
s 127(2)	(c) and (d) deleted by 25/2019 s 40(1)	3.10.2019
s 127(2a)	inserted by 25/2019 s 40(2)	3.10.2019
s 127(4)	amended by 25/2019 s 40(3)	3.10.2019
Sch 1
cl 1	omitted under Legislation Revision and Publication Act 2002	16.6.2011
Sch 2	omitted under Legislation Revision and Publication Act 2002	16.6.2011