Fisheries (Schemes of Management) Variation Regulations 2004 (SA)
South Australia
Fisheries (Schemes of Management) Variation Regulations 2004
under the Fisheries Act 1982
Contents
Part 1—Preliminary
Short title
Commencement
Variation provisions
Part 2—Variation of Fisheries (General) Regulations 2000
Variation of Schedule 9—Expiation of offences
Part 3—Variation of Fisheries (Scheme of Management—Abalone Fisheries) Regulations 1991
Variation of regulation 4—Interpretation
Variation of regulation 9—Transfer of licence
Variation of regulation 10—Registration of boats
Variation of regulation 11—Registration as master
Variation of regulation 14—Furnishing of returns
Variation of Schedule 2—Information required in application for consent to licence transfer
Part 4—Variation of Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998
Variation of regulation 4—Interpretation
Variation of regulation 10—Transfer of licence
Variation of regulation 11—Registration of boats
Variation of regulation 12—Registration as master
Variation of regulation 17—Furnishing of returns
Variation of Schedule 3—Information required in application for consent to licence transfer
Part 5—Variation of Fisheries (Scheme of Management—Lakes and Coorong Fishery) Regulations 1991
Variation of regulation 4—Interpretation
Variation of regulation 9—Transfer of licence
Variation of regulation 10—Registration of boats
Substitution of regulation 11
11Registration as master
Substitution of regulations 15 and 16
15Use of agents in fishing activities on the shore
16Use of agents in fishing activities on boats
Variation of regulation 17—Furnishing of returns
Variation of Schedule 2—Information required in application for consent to licence transfer
Part 6—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
Variation of regulation 4—Interpretation
Variation of regulation 10—Transfer of licences
Variation of regulation 10B—Transfer of licences under amalgamation scheme
Substitution of regulation 12
12Registration as master
Variation of regulation 14—Registered master may be assisted by only one agent
Substitution of regulation 15
15Use of agents in fishing activities on the shore
Variation of regulation 16—Furnishing of returns
Variation of Schedule 3—Information required in application for consent to licence transfer
Part 7—Variation of Fisheries (Scheme of Management—Miscellaneous Fishery) Regulations 2000
Variation of regulation 4—Interpretation
Variation of regulation 6—Issue of licences
Variation of regulation 12—Registration of boats
Substitution of regulation 13
13Registration as master
Substitution of regulation 15
15Use of agents in fishing activities on the shore
Variation of regulation 16—Furnishing of returns
Variation of Schedule 3—Information required to be included in application for licence
Part 8—Variation of Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991
Variation of regulation 4—Interpretation
Variation of regulation 9—Registration of boats
Substitution of regulation 10
10Registration as master
Variation of regulation 12—Transfer of licence
Variation of regulation 13—Furnishing of returns
Variation of Schedule 3—Information required in application for consent to licence transfer
Part 9—Variation of Fisheries (Scheme of Management—River Fishery) Regulations 1991
Variation of regulation 11—Registration of boats
Variation of regulation 12—Registration as master
Variation of regulation 14—Use of agents in fishing activities on the shore
Variation of regulation 15—Furnishing of returns
Part 10—Variation of Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991
Variation of regulation 4—Interpretation
Variation of regulation 9—Transfer of licence
Variation of regulation 10—Registration of boats
Substitution of regulation 12
12Registration as master
Variation of Schedule 3—Information required in application for consent to licence transfer
Part 1—Preliminary
1—Short title
These regulations may be cited as the Fisheries (Schemes of Management) Variation Regulations 2004.
2—Commencement
These regulations come into operation on the day on which they are made.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.
Part 2—Variation of Fisheries (General) Regulations 2000
4—Variation of Schedule 9—Expiation of offences
Schedule 9—delete the table containing items relating to regulations prescribing schemes of management for the abalone fisheries, Blue Crab Fishery, Lakes and Coorong Fishery, marine scalefish fisheries, Miscellaneous Fishery, prawn fisheries and River Fishery
Part 3—Variation of Fisheries (Scheme of Management—Abalone Fisheries) Regulations 1991
5—Variation of regulation 4—Interpretation
Regulation 4(1), definition of director—delete the definition and substitute:
Corporations Act means the Corporations Act 2001 of the Commonwealth;
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
(a)the company's name;
(b)the address of the company's registered office;
(c)the date of registration of the company;
(d)the State or Territory in which the company is taken to be registered under the Corporations Act;
(e)the company's Australian Company Number;
(f)whether the company is a proprietary company or a public company;
(g)the full name of each director of the company;
(h)the full name of each secretary (if any) of the company;
Regulation 4(1), definition of proprietary company—delete the definition
Regulation 4(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
6—Variation of regulation 9—Transfer of licence
Regulation 9(4)—after paragraph (b) insert:
(c)where the transferee is a company—a current company extract relating to the transferee issued not more than one month immediately preceding the date of application; and
Regulation 9(5)(d)(ii)—delete "proprietary"
Regulation 9(5)(g) and (h)—delete paragraphs (g) and (h)
7—Variation of regulation 10—Registration of boats
Regulation 10(1)—delete "in" first occurring and substitute:
pursuant to a licence in respect of
8—Variation of regulation 11—Registration as master
Regulation 11—after "boat" insert:
used pursuant to a licence in respect of an abalone fishery
9—Variation of regulation 14—Furnishing of returns
Regulation 14(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
10—Variation of Schedule 2—Information required in application for consent to licence transfer
Schedule 2, clause 9—delete the clause and substitute:
9Statements by the transferee as to—
(a)whether or not the transferee, or where the transferee is a company, a director of the company, has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee, or where the transferee is a company, a director of the company, has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee or director in a court of a State or Territory of the Commonwealth.
Part 4—Variation of Fisheries (Scheme of Management—Blue Crab Fishery) Regulations 1998
11—Variation of regulation 4—Interpretation
Regulation 4(1)—after the definition of blue crab quota insert:
Corporations Act means the Corporations Act 2001 of the Commonwealth;
Regulation 4(1)—after the definition of crab pot insert:
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
(a)the company's name;
(b)the address of the company's registered office;
(c)the date of registration of the company;
(d)the State or Territory in which the company is taken to be registered under the Corporations Act;
(e)the company's Australian Company Number;
(f)whether the company is a proprietary company or a public company;
(g)the full name of each director of the company;
(h)the full name of each secretary (if any) of the company;
Regulation 4(1), definition of director—delete the definition
Regulation 4(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
12—Variation of regulation 10—Transfer of licence
Regulation 10(4)—after paragraph (b) insert:
(ba)where the transferee is a company—a current company extract relating to the transferee issued not more than one month immediately preceding the date of application; and
Regulation 10(5)(d)(ii)—delete "proprietary"
Regulation 10(5)(g) and (h)—delete paragraphs (g) and (h)
13—Variation of regulation 11—Registration of boats
Regulation 11(1)—delete "in the fishery" and substitute:
pursuant to a licence in respect of the fishery
14—Variation of regulation 12—Registration as master
Regulation 12—after "boat" insert:
used pursuant to a licence in respect of the fishery
15—Variation of regulation 17—Furnishing of returns
Regulation 17(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
16—Variation of Schedule 3—Information required in application for consent to licence transfer
Schedule 3, clause 9—delete the clause and substitute:
9Statements by the transferee as to—
(a)whether or not the transferee, or where the transferee is a company, a director of the company, has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee, or where the transferee is a company, a director of the company, has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee or director in a court of a State or Territory of the Commonwealth.
Part 5—Variation of Fisheries (Scheme of Management—Lakes and Coorong Fishery) Regulations 1991
17—Variation of regulation 4—Interpretation
Regulation 4(1), definition of director—delete the definition
Regulation 4(2) and (3)—delete subregulations (2) and (3)
18—Variation of regulation 9—Transfer of licence
Regulation 9(5)(f) and (g)—delete paragraphs (f) and (g)
19—Variation of regulation 10—Registration of boats
Regulation 10(1)—delete "in the fishery" and substitute:
pursuant to a licence in respect of the fishery
20—Substitution of regulation 11
Regulation 11—delete the regulation and substitute:
11—Registration as master
(1)An application for registration of a person as the master of a boat used pursuant to a licence in respect of the fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
(2)A person other than the holder of the licence cannot be registered as the master of a boat used pursuant to the licence unless the holder of the licence is already registered as the master of a boat used pursuant to a fishery licence.
21—Substitution of regulations 15 and 16
Regulations 15 and 16—delete regulations 15 and 16 and substitute:
15—Use of agents in fishing activities on the shore
(1)The holder of a licence in respect of the fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—
(a)the holder of the licence or the registered master is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
(b)the holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)The holder of a licence in respect of the fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
16—Use of agents in fishing activities on boats
(1)The holder of a licence in respect of the fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit a person to be engaged on a boat as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—
(a)the holder of the licence or the registered master is at the same time also engaged on a registered boat in a fishing activity of a class that constitutes the fishery; and
(b)the holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 500 metres of each other.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)The holder of a licence in respect of the fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 2 persons to be engaged at the same time on a boat as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(3)A boat used by a person as the agent of the holder of a licence in respect of the fishery in a fishing activity of a class that constitutes the fishery need not be registered if the boat is marked with the same distinguishing mark and in the same way as a boat registered by endorsement of the licence.
(4)An unregistered boat that is marked as referred to in subregulation (3) need not be in the charge of a registered master.
22—Variation of regulation 17—Furnishing of returns
Regulation 17(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
23—Variation of Schedule 2—Information required in application for consent to licence transfer
Schedule 2, clause 9—delete the clause and substitute:
9Statements by the transferee as to—
(a)whether or not the transferee has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee in a court of a State or Territory of the Commonwealth.
Part 6—Variation of Fisheries (Scheme of Management—Marine Scalefish Fisheries) Regulations 1991
24—Variation of regulation 4—Interpretation
Regulation 4(1), definition of director—delete the definition
Regulation 4(2) and (3)—delete subregulations (2) and (3)
25—Variation of regulation 10—Transfer of licences
Regulation 10(6)(b)(vi)—delete subparagraph (vi)
26—Variation of regulation 10B—Transfer of licences under amalgamation scheme
Regulation 10B(5)(g)—delete paragraph (g) and substitute:
(g)when, as a result of the process referred to in paragraphs (a) to (f), the fishing points value endorsed on a licence under this regulation equals or exceeds 26, the licence may be transferred without complying with those paragraphs;
27—Substitution of regulation 12
Regulation 12—delete the regulation and substitute:
12—Registration as master
(1)An application for registration of a person as the master of a boat used pursuant to a licence in respect of a marine scalefish fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
(2)A person other than the holder of the licence cannot be registered as the master of a boat used pursuant to the licence unless the holder of the licence is already registered as the master of a boat used pursuant to a licence in respect of a marine scalefish fishery.
28—Variation of regulation 14—Registered master may be assisted by only one agent
Regulation 14—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
29—Substitution of regulation 15
Regulation 15—delete the regulation and substitute:
15—Use of agents in fishing activities on the shore
(1)The holder of a licence in respect of a marine scalefish fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—
(a)the holder of the licence or the registered master is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
(b)the holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)The holder of a licence in respect of the Marine Scalefish Fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(3)The holder of a licence in respect of the Restricted Marine Scalefish Fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 1 person to be engaged at the same time on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
30—Variation of regulation 16—Furnishing of returns
Regulation 16(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
31—Variation of Schedule 3—Information required in application for consent to licence transfer
Schedule 3, clause 9—delete the clause and substitute:
9Statements by the transferee as to—
(a)whether or not the transferee has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee in a court of a State or Territory of the Commonwealth.
Part 7—Variation of Fisheries (Scheme of Management—Miscellaneous Fishery) Regulations 2000
32—Variation of regulation 4—Interpretation
Regulation 4(1), definition of director—delete the definition and substitute:
Corporations Act means the Corporations Act 2001 of the Commonwealth;
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
(a)the company's name;
(b)the address of the company's registered office;
(c)the date of registration of the company;
(d)the State or Territory in which the company is taken to be registered under the Corporations Act;
(e)the company's Australian Company Number;
(f)whether the company is a proprietary company or a public company;
(g)the full name of each director of the company;
(h)the full name of each secretary (if any) of the company;
Regulation 4(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
33—Variation of regulation 6—Issue of licences
Regulation 6(4)—after paragraph (c) insert:
(d)be verified by the applicant by statutory declaration; and
(e)where the applicant is a company—be accompanied by a current company extract relating to the applicant issued not more than one month immediately preceding the date of application.
Regulation 6(5)—delete subregulation (5) and substitute:
(5)Before granting a licence in respect of the fishery the Director must be satisfied of the following matters:
(a)that the applicant is—
(i)a natural person of at least 15 years or age; or
(ii)a company;
(b)that the applicant was a successful applicant for the licence at a tender conducted in accordance with the procedure prescribed by Schedule 2;
(c)that no conviction for an offence involving a breach of any legislation relating to fishing has, within the period of three years preceding the date of the application, been recorded in the State or elsewhere in Australia against the applicant, or, where the applicant is a company, against a director of the company;
(d)that no proceedings alleging an offence involving a breach of any legislation relating to fishing are pending or likely to be commenced in the State or elsewhere in Australia against the applicant, or, where the applicant is a company, against a director of the company.
34—Variation of regulation 12—Registration of boats
Regulation 12(1)—delete "in the fishery" and substitute:
pursuant to a licence in respect of the fishery
35—Substitution of regulation 13
Regulation 13—delete the regulation and substitute:
13—Registration as master
An application for registration of a person as the master of a boat used pursuant to a licence in respect of the fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
36—Substitution of regulation 15
Regulation 15—delete the regulation and substitute:
15—Use of agents in fishing activities on the shore
(1)The holder of a licence in respect of the fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit a person to be engaged on the shore as an agent of the holder of the licence in a fishing activity of a class that constitutes the fishery unless—
(a)the holder of the licence or the registered master is at the same time also engaged on the shore in a fishing activity of a class that constitutes the fishery; and
(b)the holder of the licence or the registered master (as the case may be) and the other person remain, while so engaged, within 700 metres of each other.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
(2)The holder of a licence in respect of the fishery or the registered master of a boat registered by endorsement of such a licence must not cause or permit more than 2 persons to be engaged at the same time on the shore as agents of the holder of the licence in a fishing activity of a class that constitutes the fishery.
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
37—Variation of regulation 16—Furnishing of returns
Regulation 16(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
38—Variation of Schedule 3—Information required to be included in application for licence
Schedule 3, clause 6—delete the clause and substitute:
6Statements by the applicant as to—
(a)whether or not the applicant, or where the applicant is a company, a director of the company, has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the applicant, or where the applicant is a company, a director of the company, has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the applicant or director in a court of a State or Territory of the Commonwealth.
Part 8—Variation of Fisheries (Scheme of Management—Prawn Fisheries) Regulations 1991
39—Variation of regulation 4—Interpretation
Regulation 4(1), definition of director—delete the definition and substitute:
Corporations Act means the Corporations Act 2001 of the Commonwealth;
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
(a)the company's name;
(b)the address of the company's registered office;
(c)the date of registration of the company;
(d)the State or Territory in which the company is taken to be registered under the Corporations Act;
(e)the company's Australian Company Number;
(f)whether the company is a proprietary company or a public company;
(g)the full name of each director of the company;
(h)the full name of each secretary (if any) of the company;
Regulation 4(1), definition of proprietary company—delete the definition
Regulation 4(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
40—Variation of regulation 9—Registration of boats
Regulation 9(1)—delete "in a prawn fishery" and substitute:
pursuant to a licence in respect of a prawn fishery
41—Substitution of regulation 10
Regulation 10—delete the regulation and substitute:
10—Registration as master
An application for registration of a person as the master of a boat used pursuant to a licence in respect of a prawn fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
42—Variation of regulation 12—Transfer of licence
Regulation 12(5)—after paragraph (b) insert:
(c)where the transferee is a company—a current company extract relating to the transferee issued not more than one month immediately preceding the date of application; and
Regulation 12(6)(d)(ii)—delete "proprietary"
Regulation 12(6)(g) and (h)—delete paragraphs (g) and (h)
43—Variation of regulation 13—Furnishing of returns
Regulation 13(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
44—Variation of Schedule 3—Information required in application for consent to licence transfer
Schedule 3, clause 9—delete the clause and substitute:
9Statements by the transferee as to—
(a)whether or not the transferee, or where the transferee is a company, a director of the company, has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee, or where the transferee is a company, a director of the company, has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee or director in a court of a State or Territory of the Commonwealth.
Part 9—Variation of Fisheries (Scheme of Management—River Fishery) Regulations 1991
45—Variation of regulation 11—Registration of boats
Regulation 11(1)—delete "in the fishery" and substitute:
pursuant to a licence in respect of the fishery
46—Variation of regulation 12—Registration as master
Regulation 12—after "boat" insert:
used pursuant to a licence in respect of the fishery
47—Variation of regulation 14—Use of agents in fishing activities on the shore
Regulation 14—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
48—Variation of regulation 15—Furnishing of returns
Regulation 15(1)—delete the penalty provision and substitute:
Penalty: Division 6 fine.
Expiation fee: Division 9 fee.
Part 10—Variation of Fisheries (Scheme of Management—Rock Lobster Fisheries) Regulations 1991
49—Variation of regulation 4—Interpretation
Regulation 4(1), definition of director—delete the definition and substitute:
Corporations Act means the Corporations Act 2001 of the Commonwealth;
current company extract means a document prepared by the Australian Securities and Investment Commission from its national database kept under the Corporations Act that contains current details of the following in relation to a company:
(a)the company's name;
(b)the address of the company's registered office;
(c)the date of registration of the company;
(d)the State or Territory in which the company is taken to be registered under the Corporations Act;
(e)the company's Australian Company Number;
(f)whether the company is a proprietary company or a public company;
(g)the full name of each director of the company;
(h)the full name of each secretary (if any) of the company;
Regulation 4(2) and (3)—delete subregulations (2) and (3) and substitute:
(2)In these regulations, unless the contrary intention appears, company, director, proprietary company and public company have the same respective meanings as in the Corporations Act.
50—Variation of regulation 9—Transfer of licence
Regulation 9(5)—after paragraph (b) insert:
(c)where the transferee is a company—a current company extract relating to the transferee issued not more than one month immediately preceding the date of application; and
Regulation 9(6)(d) to (g)—delete paragraphs (d) to (g) (inclusive)and substitute:
(d)that the transferee is—
(i)a natural person of at least 15 years of age; or
(ii)a company;
(e)that no conviction for an offence involving a breach of any legislation relating to fishing has, within the period of three years preceding the date of the application, been recorded in the State or elsewhere in Australia against the transferee, or, where the transferee is a company, against a director of the company;
(f)that no proceedings alleging an offence involving a breach of any legislation relating to fishing are pending or likely to be commenced in the State or elsewhere in Australia against the transferee, or, where the transferee is a company, against a director of the company;
51—Variation of regulation 10—Registration of boats
Regulation 10(1)—delete "in a rock lobster fishery" and substitute:
pursuant to a licence in respect of a rock lobster fishery
52—Substitution of regulation 12
Regulation 12—delete the regulation and substitute:
12—Registration as master
An application for registration of a person as the master of a boat used pursuant to a licence in respect of a rock lobster fishery must be made in writing in a form approved by the Director and be accompanied by the applicant's licence in respect of the fishery.
53—Variation of Schedule 3—Information required in application for consent to licence transfer
Schedule 3, clause 9—delete the clause and substitute:
9Statements by the transferee as to—
(a)whether or not the transferee, or where the transferee is a company, a director of the company, has, during the three years immediately preceding the date of the application, been convicted by a court of a State or Territory of the Commonwealth of an offence involving a breach of legislation relating to fishing; and
(b)whether or not the transferee, or where the transferee is a company, a director of the company, has, at the date of the application, any proceedings alleging an offence involving a breach of legislation relating to fishing pending or likely to be commenced against the transferee or director in a court of a State or Territory of the Commonwealth.
Note—
As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
with the advice and consent of the Executive Council
on 19 February 2004
No 9 of 2004
MAFF03/0025CS
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