| C2004C04145 | FISHING INDUSTRY ACT 1956
- Reprinted as at 31 January 1983 (HISTACT CHAP 97 #DATE 31:01:1983)
*1* The Fishing Industry Act 1956 as shown in this reprint comprises Act No. 22, 1956 amended as indicated in the Tables below. Table of Acts ----------------------------------------------------------------------------- Application, saving or Number Date Date of transitional Act and year of Assent commencement provisions ----------------------------------------------------------------------------- Fishing Industry Act 1956 22, 1956 16 May 1956 31 May 1956 (see Gazette 1956, p. 1677) Administrative Changes (Consequential Provisions) Act 1978 36, 1978 12 June 1978 12 June 1978 S. 8 ----------------------------------------------------------------------------- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted ----------------------------------------------------------------------------- Provision affected How affected ----------------------------------------------------------------------------- S. 5. . . . . . . . . am. No. 36, 1978 ----------------------------------------------------------------------------- FISHING INDUSTRY ACT 1956 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Interpretation
4. Fisheries Development Trust Account
5. Moneys to be paid into the Account
6. Application of the Account
7. Agreements
8. Annual report
9. Regulations
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FISHING INDUSTRY ACT 1956 - LONG TITLE
SECT
An Act to establish a Fisheries Development Trust Account, and for purposes
connected therewith
FISHING INDUSTRY ACT 1956 - SECT 1
Short title
SECT
1. This Act may be cited as the Fishing Industry Act 1956.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHING INDUSTRY ACT 1956 - SECT 2
Commencement
SECT
2. This Act shall come into operation on a date to be fixed by
Proclamation.*1*
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .
FISHING INDUSTRY ACT 1956 - SECT 3
Interpretation
SECT
3. In this Act-
"fish" includes whales, turtles, dugong, crustacea and oysters and other
shellfish;
"the Account" means the Fisheries Development Trust Account
established under this Act;
"the Commission" means the Australian Whaling Commission constituted
under the Whaling Industry Act 1949-1952;*2*
"the fishing industry" means any industry in connexion with the culture,
taking, storing, processing or marketing of-
(a) fish or parts of fish;
(b) the spawn or eggs of fish;
(c) fish products; or
(d) seaweed;
"the moneys of the Commission" includes moneys of the Commission
which, immediately before the date of commencement of the Whaling Industry Act
Repeal Act 1956*2*, were invested under paragraph (b) of section twenty-three
of the Whaling Industry Act 1949-1952.*2*
*2* S. 3, definitions of "the Commission" and "the moneys of the
Commission"-The Whaling Industry Act 1949 was repealed by the Whaling Industry
Act Repeal Act 1956 (No. 21, 1956); the Whaling Industry Act Repeal Act 1956
was repealed by the Statute Law Revision Act 1973 (No. 216, 1973).
FISHING INDUSTRY ACT 1956 - SECT 4
Fisheries Development Trust Account
SECT
4. (1) There shall be a Fisheries Development Trust Account.
(2) The Account is a Trust Account for the purposes of section sixty-two A
of the Audit Act 1901-1955.
FISHING INDUSTRY ACT 1956 - SECT 5
Moneys to be paid into the Account
SECT
5. (1) If, after the date of commencement of the Whaling Industry Act Repeal
Act 1956, the Commonwealth disposes of the undertaking which, immediately
before that date, was carried on by the Commission, the Minister for Finance
shall pay into the Account, out of the Consolidated Revenue Fund, which is
appropriated accordingly, an amount equal to the amount by which the sum of-
(a) the amount or amounts received by the Commonwealth in respect of the
disposal of that undertaking; and
(b) the amount of the moneys of the Commission which, by virtue of
the Whaling Industry Act Repeal Act 1956, vest in the Commonwealth,
exceeds an amount equal to the sum of-
(c) the amounts, if any, paid by the Commonwealth to discharge the
liabilities of the Commission which, by virtue of the Whaling Industry Act
Repeal Act 1956, become the liabilities of the Commonwealth; and
(d) the amounts, if any, which, immediately before the date of
commencement of the Whaling Industry Act Repeal Act 1956, were payable by the
Commission to the Commonwealth in respect of advances made to the Commission
by the Treasurer.
(2) In addition to the amount which, under the last preceding sub-section,
is required to be paid into the Account, there shall be paid into the
Account-
(a) moneys appropriated by law for the purposes of the Account;
(b) moneys paid to the Commonwealth for the purposes of the
Account;
(c) moneys received by the Commonwealth from the disposal, by sale
or otherwise, of land, goods or other property acquired or produced, or for
work paid for, out of moneys standing to the credit of the Account;
(d) moneys received by the Commonwealth in repayment of, or as
interest on, loans made out of moneys standing to the credit of the Account or
as dividends on shares purchased out of moneys standing to the credit of the
Account; and
(e) interest from the investment of moneys standing to the credit of
the Account.
(3) The Consolidated Revenue Fund is appropriated to the extent necessary
for the purpose of any payment referred to in the last preceding sub-section.
FISHING INDUSTRY ACT 1956 - SECT 6
Application of the Account
SECT
6. (1) Subject to this Act, moneys standing to the credit of the Account may
be applied for any of the following purposes:
(a) the initiation or continuation of research or investigation in
connexion with, or for the promotion of, the fishing industry;
(b) financial assistance, by way of loan or provision of share
capital, or otherwise, to persons engaged, or proposing to become engaged, in
the fishing industry;
(c) the establishment or development of the fishing industry in a
particular place or for a particular purpose;
(d) the training of persons in connexion with the fishing industry;
(e) the dissemination of information and advice relating to
scientific, technical and commercial matters in connexion with the fishing
industry;
(f) the publication of scientific, technical and commercial reports,
periodicals, books and papers in connexion with the fishing industry; and
(g) any purpose incidental to a purpose referred to in the preceding
paragraphs of this sub-section.
(2) Moneys shall not be paid out of the Account except for a purpose
specified in the last preceding sub-section, and to an extent, approved by the
Minister.
FISHING INDUSTRY ACT 1956 - SECT 7
Agreements
SECT
7. The Minister may, on behalf of the Commonwealth, enter into such
agreements as he thinks fit for the purposes of, or in connexion with, any
matter or thing to be done or performed with moneys to be provided in whole or
in part out of the Account.
FISHING INDUSTRY ACT 1956 - SECT 8
Annual report
SECT
8. The Minister shall, at least once in each year, prepare and lay before
each House of the Parliament a report as to the operation of this Act during
the preceding year.
FISHING INDUSTRY ACT 1956 - SECT 9
Regulations
SECT
9. The Governor-General may make regulations, not inconsistent with this
Act, prescribing all matters necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
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