Fishing Industry Organization and Marketing Act 1982 (Qld)

490 Queeltalaub ANNO TRICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 28 of 1982 An Act to provide for the management and control of the supply and marketing of fish throughout the State and for other purposes [ASSENTED TO 5TH M AY, 1982]

Fishing Industry Organization and Marketing Act 1982, No. 28 491 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Fishing Industry Organization and Marketing Act 1982. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act (other than section 1 and this section) shall commence; or (b) appoint dates on which the provisions (other than section 1 and this section) of this Act specified in the Proclamation shall commence. Such dates may be appointed in the one Proclamation or in different Proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the Proclamation shall commence on the date appointed by Proclamation made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Severability . This Act including every Proclamation, Order in Council or regulation hereunder shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council or regulation hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. 4. Arrangement of Act. This Act is arranged as follows- PART I-PRELIMINARY (SS. 1-8); PART II-QUEENSLAND FISH MANAGEMENT AUTHORITY (SS. 9-45); Division I-Constitution and General Powers and Functions of Authority; Division II-Licencing and Registration Powers; Division III-Powers of Inspection and the Regulation of Marketing of Fish; PART III-FISHING INDUSTRY APPEALS TRIBUNAL (Ss. 46-61); PART IV-QUEENSLAND FISH BOARD (Ss. 62-88); PART V-FINANCIAL PROVISIONS OF AUTHORITY AND BOARD (ss. 89-111); Division I-Borrowing Powers; Division II-Funds and Accounts;

492 Fishing Industry Organization and Marketing Act 1982, No. 28 PART VI-FINANCIAL RECONSTRUCTION (SS. 112-116); PART VII-MISCELLANEOUS (SS. 117-133). 5. Repeals and savings . (1) The Acts set forth in the Second Schedule are repealed to the extent therein specified. The Fisheries Act1976-1981 as amended by the Second Schedule may be cited as the Fisheries Act1976-1982. (2) (a) Notwithstanding the provisions of section 63 the persons constituting the Queensland Fish Board constituted under the Fish SupplyManagement Act1972-1976 immediately prior to the commencement of Part IV shall be deemed to constitute the Board until the Board has been first constituted under this Act. Subject to this Act, each of those persons shall be eligible for appointment to the Board constituted under this Act. (b) A person who immediately before the commencement of Part IV was an employee of the Queensland Fish Board shall on and from the commencement of that Part continue to hold that office or, as the case may be, occupy that position in the employ of the Board until he vacates or is lawfully removed from that office or position pursuant to this Act, and he shall be deemed to have been appointed thereto for the purposes of this Act by the Board. For the purposes of securing to an employee referred to in the preceding paragraph the benefits of any industrial award or agreement or securing to an employee or his dependants the benefits of any superannuation or provident scheme to which the employee is a contributor at the commencement of that Part, the continuity of the employee's employment shall be deemed not to have been interrupted by reason only of the constitution of the Queensland Fish Board under this Act. (c) A fish supply district constituted under the FishSupplyManagement Act1972-1976 and subsisting immediately before the commencement of section 7 shall be deemed to have been constituted under that section and shall continue in being under the name then assigned to it until it is abolished or altered pursuant to this Act. (d) A market or depot established under the Fish Supply ManagementAct1972-1976 and subsisting immediately before the commencement of Part IV shall be deemed to have been validly established by the Board under this Act and shall continue in being for the purposes of this Act until it is discontinued pursuant to this Act. (e) A licence or permit, issued under the Fish SupplyManagementAct1972-1976 and subsisting immediately before the commencement of Part II shall be deemed to have been issued under this Act and shall continue to be of full force and effect until it expires or is cancelled, suspended or revoked in accordance with this Act. (f) A contract entered into by the Queensland Fish Board established under the FishSupplyManagement Act1972-1976 and subsisting immediately before the commencement of Part IV shall be deemed to be a contract entered into by the Board and, according to its tenor, may be performed by or enforced against the Board in its name and style.

Fishing Industry Organization and Marketing Act 1982, No. 28 493 (g) An action by or against the Queensland Fish Board established under the FishSupplyManagement Act1972-1976 or a proceeding arising out of or taken with respect to any matter under that Act which action or proceeding was commenced prior to the commencement of Part IV and is not completed at that date may be carried on and completed by or against the Board in its name and style. (h) An investigation or inquiry commenced by or on behalf of the Queensland Fish Board established under the Fish Supply ManagementAct1972-1976 before the commencement of Part IV that is not completed at that date may be carried on and completed by or on behalf of the Board in its name and style. (i) All moneys that immediately before the commencement of Part IV are due and payable to the Queensland Fish Board established under the Fish SupplyManagement Act1972-1976 or become so due and payable after the commencement of that Part shall be paid to, and any amount thereof not duly paid may be recovered by, the Board. (j) All fees prescribed by or under the Fish SupplyManagementAct1972-1976 to be paid to the Queensland Fish Board established under that Act shall be deemed to have been prescribed by or, as the case may be, under this Act and shall be payable as prescribed from time to time to the Board established under this Act. (k) On and from the commencement of Part IV a registration of the Queensland Fish Board established under the Fish Supply ManagementAct1972-1976 in any register required or authorized by law to be kept shall be read and construed as if the Board were duly registered therein in the stead of the firstmentioned board. 6. Interpretation . (1) In this Act, save where a contrary intention appears- " Appeals Tribunal " means the Fishing Industry Appeals Tribunal constituted by this Act; " Authority " means the Queensland Fish Management Authority constituted by this Act; " Board " means Queensland Fish Board as constituted by this Act; " chairman " means the chairman of the Authority and includes a person for the time being performing the duties of chairman; " commercial purpose " in relation to fish means the purpose of sale or trade of fish for gain or reward; " community " means the inhabitants of a reserve being land reserved or set apart by the Governor in Council under the provisions of law relating to Crown lands for the benefit of Aborigines or Torres Strait Islanders; Director-General " means the Director-General of the Department of Primary Industries and includes a person for the time being performing the duties of the Director- General;

494 Fishing Industry Organization and Marketing Act 1982, No. 28 " depot " means a depot established under this Act for the reception of fish and includes the lands, improvements and works appurtenant to or provided or used for or in connexion with that depot; " district " means a fish supply district constituted under this Act; " fish " means all fresh water and saltwater fish and includes- (a) marine products other than oysters and turtles; (b) prawns, crayfish, rock lobster, crabs and scallops; (c) filleted, frozen, preserved, salted, cooked or canned fish; (d) fish products; (e) when used in a provision for the purposes of which it is so declared or when used with respect to that purpose, any other freshwater or saltwater product (including oysters and turtles) declared to be fish for the purposes of any provision of this Act by Order in Council; " holder " means with respect to a licence or permit, the person in whose name the licence or permit stands for the time being; " inspector " means an inspector appointed under this Act; " licence " means a licence of any kind issued under this Act and in force at the relevant time; " Local Authority " means a Local Authority within the meaning of that term in the Local Government Act 1936-1981 and with respect to the City of Brisbane, means Brisbane City Council constituted by the City of Brisbane Act1924-1980; " market " means a market established under this Act and includes the lands, improvements and works appurtenant to or provided or used for or in connexion with that market; " Minister " means the Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes any person for the time being performing the duties of the Minister; " place " means- (a) any land; (b) any building, structure or erection of any kind whatever wholly or partially constructed or erected or in the course of construction or erection; (c) a room in any building, structure or erection; (d) a vehicle or vessel; " premises " means any land, building, wharf, vehicle or vessel;

Fishing Industry Organization and Marketing Act 1982, No. 28 495 " processor " means the occupier of premises at which fish are treated and includes a person declared by Order in Council to be a processor but does not include a person declared by Order in Council not to be a processor; " purchase " includes, with respect to a purchase of fish, the acquisition of property in the fish for any consideration and the acceptance or receipt of fish upon delivery on sale thereof; " sale " includes, with respect to the sale of fish- (a) a sale of fish by wholesale or retail; (b) a sale of fish by auction; (c) a barter, exchange or supply of fish for profit; (d) an assignment of or parting with possession of fish for valuable consideration; (e) an offering, exposing, keeping of, or having in possession, fish for sale; (f) a sending, forwarding or delivering of fish for or on sale; (g) an authorizing, causing, permitting, suffering or attempting any of the acts or things specified in sub-paragraphs (a) to (f) of this definition; " treat " in relation to fish includes cleaning, filleting, salting, refrigerating, shelling, peeling, deveining, crumbing, smoking, sorting, processing and packing; " vehicle " includes any aircraft, caravan or trailer; " vessel " includes a ship, boat, hovercraft, and any vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled. (2) In this Act, the reference Queensland waters- (a) is a reference to all waters that are within the limits of the State; (b) except for purposes in relation to a fishery that is to be managed in accordance with the law of the Commonwealth pursuant to an arrangement under Part VIA of the FisheriesAct1976-1982 except for purposes prescribed by paragraph (d) of this subsection-is a reference 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, within the meaning of that Part, are Commonwealth proclaimed waters; (c) for purposes in relation to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part VIA of the Fisheries Act1976-1982-is a reference to any waters to which the legislative powers of the State extend, with respect to that fishery, whether pursuant to section 5 of the CoastalWaters (State Powers) Act1980 of the Commonwealth as amended from time to time or otherwise; and

496 Fishing Industry Organization and Marketing Act 1982, No. 28 (d) for purposes in relation to activities to which this Act applies, being activities that are, within the meaning of the FisheriesAct1952 of the Commonwealth, as amended from time to time, carried on for private purposes otherwise than by the use of a foreign boat-is a reference to any waters to which the legislative powers of the State extend with respect to those activities. 7. Fish supply districts . (1) The Governor in Council may, by Order in Council, constitute any part of the State to be a fish supply district for the purposes of this Act and may from time to time in like manner- (a) abolish a district; (b) alter the boundaries of a district; (c) join two or more districts to form one district; (d) exclude any part of a district from that district and include it within another district or distribute it amongst other districts. (2) The Governor in Council may by the Order in Council by which he constitutes a district, assign to that district a name and may from time to time, by Order in Council, alter the name assigned to a district. 8. Administration of Act. This Act, other than Part III, shall be administered by the Minister and subject to the Minister by the Authority and the Board. PART II-THE QUEENSLAND FISH MANAGEMENT AUTHORITY Division I-Constitution and General Powers and Functions of Authority 9. Establishment of Authority . (1) There shall be established in accordance with this Act an Authority to be called the Queensland Fish Management Authority. (2) The Authority by the name and style conferred upon it by subsection (1) shall be a body corporate and shall have perpetual succession and a common seal and, for the purpose of carrying out the objects and purposes of this Act, shall be capable in law of suing and being sued and of taking, acquiring, holding, and disposing of land and other property, of granting and taking leases of land and other property and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed. (4) The Authority shall have and may exercise such powers and authorities and shall perform such functions and duties as are conferred or imposed upon it by or under this Act.

Fishing Industry Organization and Marketing Act 1982, No. 28 497 10. Members of Authority . (1) The Authority shall consist of 7 members appointed by the Governor in Council by notification published in the Gazette, of whom- (a) one shall be a person nominated by the Minister who shall be chairman; (b) one shall be the Director-General for the time being or his nominee appointed in writing, who shall be deputy chairman; (c) one shall be a person representing the Board nominated by the Minister; (d) one shall be a person representative of fish processors nominated by the Minister from a panel or panels of names submitted in the prescribed manner by prescribed bodies; (e) one shall be a person representative of fish wholesalers nominated by the Minister from a panel or panels of names submitted in the prescribed manner by prescribed bodies; (f) one shall be a person representative of fishermen nominated by the Minister from a panel or panels of names submitted in the prescribed manner by prescribed bodies; (g) one shall be a person representative of primary producers' co-operative associations formed by master fishermen under the Primary Producers' Co-operative Associations Act1923-1981. (2) If at any time default is made in furnishing a panel or panels of names within the time specified in a request in writing in that behalf given by the Minister or the panel or panels of names submitted is or are, in the opinion of the Minister, inadequate as to the number or the description or the fitness of persons named therein the Minister may at his discretion nominate a person or persons sufficient as to number or description or fitness to comprise the panel in respect of which default is made or, as the case may be, to make adequate the panel or panels furnished. The panel as so comprised or made adequate by the Minister shall be deemed to have been furnished by or on behalf of the body to which the Minister's request was directed. 11. First Constitution of the Authority . The Authority shall be first constituted on a day notified by Proclamation and the appointment of the total number of members of the Authority shall be made on or before that date. 12. Tenure of office. (1) A member of the Authority shall be appointed and hold office for a term of 3 years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. (2) The terms of office of the members who first constitute the Authority shall commence upon the commencement of the day notified in accordance with section 11. (3) The terms of office of the members who subsequently constitute the Authority shall commence on the day on which their appointments take effect. (4) A member of the Authority shall, if he is otherwise qualified, be eligible for re-appointment as a member.

498 Fishing Industry Organization and Marketing Act 1982, No. 28 (5) The Governor in Council may at any time remove a member of the Authority from office as a member by notification published in the Gazette. 13. Disqualification from and vacation of office. (1) A person who- (a) is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of the Mental Health Act1974-1978, shall not be capable of being or continuing to be a member of the Authority. (2) The office of a member of the Authority shall become vacant if the member- (a) dies; (b) becomes incapable of continuing as a member; (c) is absent without prior leave of absence granted by the Authority from three consecutive meetings of the Authority of which due notice has been given to him;' (d) resigns his office as a member by writing signed by him furnished to the Minister; (e) ceases to be qualified as a member; (f) is removed from office as a member by the Governor in Council. 14. Casual vacancies . (1) When a casual vacancy occurs in the office of a member of the Authority during the term of office of the members then constituting the Authority, another person shall be appointed in accordance with section 10 to fill that vacancy. (2) A person appointed to fill a casual vacancy shall be appointed and hold office for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-appointment as a member of the Authority. 15. Acting chairman and deputies of other members . (1) Where the chairman is absent from any cause and is thereby prevented from performing the duties of the office of chairman, the Governor in Council may appoint a person who is not a member of the Authority to act as chairman of the Authority during such absence and the acting chairman while so acting shall have and may exercise the powers, authorities and immunities and shall perform the functions and duties of the chairman. (2) The Governor in Council may at any time appoint persons who are not members of the Authority to be deputies of the several members of the Authority other than the chairman and the Director-General.

Fishing Industry Organization and Marketing Act 1982, No. 28 499 (3) A person appointed as a deputy of a member of the Authority in accordance with subsection (2) shall, in the absence of the member whose deputy he is, attend any meeting of the Authority in the stead of that member and while so attending shall have and may exercise the powers and authorities and shall perform the functions and duties of the member of the Authority whose deputy he is. 16. Meetings . (1) The Authority shall meet as often as is necessary for the exercise of its powers and the performance of its functions at such times and places as it determines but at least once in each quarter. The chairman may at any time convene a meeting. (2) Notice of every meeting or adjourned meeting, save a meeting adjourned to a later hour of the same day on which it was appointed to be held, shall be in writing and shall be given by the chairman to every member of the Authority at least 7 days prior to the date appointed for the meeting. A notice of a meeting or an adjourned meeting may be given to a member of the Authority by prepaid post letter addressed to his place of business or residence last known to the chairman. (3) The members present at a meeting of the Authority may at any time adjourn the meeting. If a quorum is not present at a meeting of the Authority within 15 minutes after the time appointed for the commencement of the meeting, the member or members present or the majority of them if more than two are present or the secretary of the Authority if no member is present or if the members present are equally divided on the issue may adjourn the meeting to a time and date not later than 7 days after the date of the adjournment. This subsection shall be read and construed so as not to prevent the adjournment of a meeting to a later hour of the same day on which the meeting was appointed to be held. 17. Procedure at meetings . (1) The chairman shall preside at all meetings of the Authority at which he is present and in his absence the acting chairman appointed in accordance with section 15 (1) if present shall preside. If both the chairman and acting chairman (if any) are absent from a meeting, the deputy chairman shall preside. (2) A quorum shall consist of a majority of the total number of members of the Authority for the time being holding office as members of the Authority and business shall not be conducted at a meeting of the Authority unless a quorum is present. 18. Conduct of affairs . (1) The Authority shall exercise or perform a power, authority, function or duty by the majority vote of its members present at the meeting and voting on the business in question. (2) The chairman has a deliberative vote and, in the event of an equality of votes on any question, a casting vote.

500 Fishing Industry Organization and Marketing Act 1982, No. 28 (3) Subject to subsection (4), a member of the Authority who, being present at a meeting and eligible to vote, abstains from voting on any question shall be taken to have voted for the negative. (4) The Director-General or his nominee may, at his discretion, refrain from voting on any question and where he does so refrain he shall not be taken to have voted for the negative. (5) Subject to this Act, the Authority shall conduct its business generally and proceedings at meetings in such manner as it determines from time to time. 19. Minutes . The chairman shall cause to be kept a record of all decisions of the Authority whether made at a duly constituted meeting or by reference in writing and that record shall be presented to a subsequent meeting of the Authority for confirmation as to its correctness and shall be signed by the chairman and thereupon shall form part of the minutes of that meeting. 20. Custody and affixing of seal. The common seal of the Authority shall be kept in the custody of the secretary to the Authority or, where there is a temporary vacancy in that position, of the chairman. The common seal shall be affixed to a document only in pursuance of a resolution of the Authority by the person having the custody of the seal in accordance with this Act. Where that person is the secretary of the Authority, the common seal shall be affixed in the presence of the chairman. 21. Authentication of documents . Save where it is by this Act otherwise provided, a document made or issued by the Authority for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or the secretary to the Authority at the chairman's direction. 22. Validity of acts . Any act, proceeding, decision or determination of the Authority is not invalid or unlawful by reason only of any defect in the qualification, membership or appointment of any member thereof or a vacancy in the membership of the Authority at the time of that act, proceeding, decision or determination. 23. Appointment of officers and other employees . (1) The Authority shall appoint and at all times have a secretary. (2) The Authority shall appoint a secretary when and as often as a vacancy occurs in that office and may appoint and employ such administrative and technical officers, inspectors, clerks and other employees to administer this Act or to carry this Act into effect or to carry on any business pursuant to this Act. (3) Persons employed by the Authority in accordance with this section shall be paid salary or wages at the rate fixed by an industrial award or agreement applicable to their employment, or if there is no such award or agreement, at a rate fixed by the Authority.

Fishing Industry Organization and Marketing Act 1982, No. 28 501 24. Superannuation scheme. The Authority- (a) may establish, contribute to, maintain or join in establishing, contributing to or maintaining such superannuation or provident schemes as it thinks fit for the benefit of its employees or their dependants; (b) may vary or join in varying a superannuation or provident scheme to which it contributes or that it maintains, either alone or with others. 25. Remuneration to members . A member of the Authority shall be paid such salary, fees, allowances and expenses in respect of the performance of his duties as a member as the Minister approves. Salary, fees, allowances and expenses may differ in respect of different members of the Authority according to class of payment, rate or position held on the Authority. 26. Unlawful payment to or by member of Authority. (1) A person who, being a member of the Authority or the holder of any office or employment under this Act, without lawful authority demands or receives from another person any payment, gratuity or gift in consideration of doing or omitting any act or thing pertaining to his office or employment commits an offence against this Act. (2) A person who without lawful authority offers, makes or gives to a member of the Authority, or the holder of any office or employment under this Act any payment, gratuity or gift in consideration of the doing or omitting by that member or holder of some act or thing pertaining to his office or employment commits an offence against this Act. 27. Functions and Powers . Subject to this Act the functions and powers of the Authority are- (a) to take all such steps as are necessary to ensure that an adequate supply of fish of an acceptable standard is available in sufficient quantities to meet all reasonable demands throughout the State or within prescribed localities; (b) to exercise such supervision and take such action as it thinks necessary to co-ordinate the provision, operation and maintenance, and the development of fish markets, depots and processing establishments as the case may be and make such recommendations to the Minister as the Authority think necessary in relation thereto; (c) to take such steps as it considers necessary to promote and encourage the use of fish including, but without limiting the generality of this provision, the publication of such reports, information and advice with respect to the production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation, sale and use of fish as it thinks fit; (d) to promote improved methods of production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation and sale of fish;

502 Fishing Industry Organization and Marketing Act 1982, No. 28 (e) to develop, introduce and supervise standards of hygiene in the harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation and sale of fish; (f) to supervise and control the method, extent and conditions of production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation and sale of fish for use in the State or elsewhere; (g) to promote means for the prevention and elimination of unhygienic, wasteful or unnecessary agencies, methods, practices, costs or charges in connexion with the production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation and sale of fish; (h) to call for and obtain such information or returns from persons licensed under this Act as are prescribed or so far as not prescribed as, in the opinion of the Minister, are necessary or desirable for the effectual administration of this Act; (i) with the consent of the Minister- (i) to purchase or take on lease such lands and premises as the Authority considers necessary for the purposes of this Act and to mortgage, sell or otherwise dispose of such lands and premises; (ii) to erect such buildings and install such plant and equipment as the Authority considers necessary or desirable on land owned or occupied by the Authority; (iii) to support financially or in any other way any organization promoting or seeking to promote the interests of the fishing industry and master fishermen in the State; (j) to enter into such agreements with such persons or bodies (whether corporate or unincorporate) as the Authority thinks fit; (k) to report to and confer with the Minister on any matter affected by or having relation to the objects for which the Authority is constituted or the Authority's carrying out and giving effect to this Act and make such recommendations thereon as the Authority considers desirable. 28. Committees . The Authority may form committees of its members and delegate to such committees such of its powers, authorities, functions or duties as it thinks fit upon such terms and conditions and for such times as it thinks fit. 29. Authority may guarantee loans and enter into agreements. (1) Subject to the approval of the Minister, the Authority may guarantee the payment of interest on and the repayment of principal of a loan made by any person to- (a) a fisherman or other person engaged in or in connexion with the fishing industry; or (b) an agent or employee of a fisherman or such other person, for any purpose of or connected with the engagement of that fisherman, other person, agent or employee in or in connexion with the fishing industry.

Fishing Industry Organization and Marketing Act 1982, No. 28 503 (2) The Authority may, for the more effective execution of its powers and functions- (a) with the permission of the Minister acquire, hold and dispose of shares in a corporation, being a corporation within the meaning of the Companies Act 1961-1981; (b) draw, make, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments, and to guarantee and to give guarantees or indemnities for the performance of contracts or obligations by any person or take or otherwise acquire and hold shares in an association registered under the Primary Producers' Co-operative Associations Act1923-1981. 30. Power to inquire. The Authority may make inquiry in respect of the getting, supplying or marketing of fish in any part of the State and, if in relation to a particular inquiry the Governor in Council approves, for that purpose shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission of Inquiry under The Commissions of Inquiry Acts, 1950 to 1954 and the chairman or member presiding at any inquiry under this section shall have the powers, authorities, protection and jurisdiction of a chairman of a Commission under those Acts save such as are reserved to a chairman who is a Judge of the Supreme Court, and the provisions of those Acts shall apply accordingly and in addition shall apply to any witness or person summoned by or appearing before the Authority in any such inquiry. In this section " getting " includes both the harvesting and purchasing of fish (either locally or by importation). Division II-Licensing and Registration Powers 31. Licences . (1) Subject to section 33 (1), the Authority may grant and issue licences of the several descriptions following- (a) processor's licence; (b) commercial buyer's licence; (c) restricted buyer's licence; (d) master fisherman's licence; (e) community fisherman's licence; (f) assistant fisherman's licence; (g) such fishing vessel licences as are prescribed. (2) (a) An application for a licence under this section shall- (i) be made to the Authority; (ii) be in prescribed form; (iii) contain the prescribed particulars; (iv) be accompanied by the prescribed fee (if any). (b) The Authority shall consider each application and may grant or refuse it:

504 Fishing Industry Organization and Marketing Act 1982, No. 28 Provided that the Authority may refuse to issue a licence if any prescribed condition precedent to the issuance of that licence has not been complied with. (c) Where an application is granted, the Authority shall issue in respect thereof a licence. (d) Where an application is refused, the Authority shall refund to the applicant the fee paid in respect thereof less such payment as the Authority thinks reasonable towards the costs of considering the application. (3) A licence under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall be in force for the prescribed period ; (d) shall be subject to such terms, conditions or restrictions as are prescribed, either generally or in a particular case, or so far as not prescribed as the Authority in a particular case thinks fit endorsed thereon or attached thereto; (e) shall be subject to the payment of such fees or other charges (if any) and to such conditions as to the payment thereof as the Authority determines ; (f) shall authorize the holder thereof to do such acts and things as are prescribed with respect thereto; (g) may be renewed ; (h) may- (i) in the case of any licence issued under subsection (1) be surrendered; (ii) in the case of a licence issued pursuant to subparagraph (a), (b), (c) or (g) of subsection (1) be transferred. (i) may be amended, altered, varied or otherwise modified by the Authority during the currency thereof. (4) Notwithstanding this section, the chairman may grant a renewal or transfer or accept the surrender of a licence but he shall, in a case where he considers it necessary to do so, refer any application for a renewal, transfer or surrender to the Authority. 32. Registration of fish transport vehicles . (1) The Authority may subject to such conditions as may be prescribed, register vehicles for the purposes of and in connexion with the transportation of fish. (2) Any such registration may be- (a) transferred or renewed ; or (b) cancelled or suspended for any contravention of or failure to comply with any provision of this Act or any condition endorsed on or attached to a licence. (3) Different provisions and conditions may be made or imposed as prescribed with respect to registration of different classes of vehicles used for purposes of or in connexion therewith respectively.

Fishing Industry Organization and Marketing Act 1982, No. 28 505 33. Authority shall issue licences to Board . (1) The Authority shall issue to the Board such licences as the Minister directs. (2) Any such licence issued to the Board shall be issued subject only to such terms and conditions as the Minister approves and shall be issued to the Board without charge. 34. Cancellation , revocation or suspension of licence . (1) The Authority, at any time during the currency of a licence other than a licence issued under section 33 (1) by notice in writing to the holder thereof may- (a) cancel or revoke; (b) suspend for such period as it thinks fit (not exceeding the balance of the term thereof), that licence if- (c) it was issued in error or granted in consequence of a false or fraudulent document, statement or representation; (d) the holder- (i) is convicted of an offence against this Act or against any other Act or regulation in relation to the production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation or sale of fish; (ii) fails to comply with any term or condition thereof; (iii) has been refused a licence under any Act or regulation in relation to the production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation or sale of fish; (iv) has been refused registration under any Act or regulation of this State or under the law of any other State or a Territory of the Commonwealth in relation to the production, harvesting, treatment, supply, delivery, storage, grading, preservation, distribution, transportation or sale of fish or has had any such registration cancelled, revoked or suspended; (e) there has been a substantial change of circumstances since the grant thereof; or (f) for any other reason the Authority is of opinion that the holder is not a fit and proper person to hold it or that it is in the interests of the fishing industry to do so. (2) A cancellation, revocation or suspension under this section does not confer upon the holder a right to compensation. (3) Where a licence is suspended, it shall be of no force or effect during the period of suspension and shall remain in force only for the period during which it would have remained in force but for the suspension. (4) (a) Where a licence is cancelled, revoked or suspended, the holder shall within 7 days after demand made upon him deliver it up to the Authority. (b) A demand made under paragraph (a) may be made by the Authority or the chairman. 17

506 Fishing Industry Organization and Marketing Act 1982, No. 28 (c) If a person who is convicted of an offence that consists of a failure to comply with a demand made pursuant to this section fails to deliver up that licence within 14 days after the date of that conviction, he commits a further offence and is liable to a penalty of $10 for every day during which that offence continues. 35. Power to permit the taking of fish for sale. (1) The Authority (or other person duly authorized by the Authority) may, by writing, permit the sale of fish taken by a person otherwise than in contravention of this Act or the Fisheries Act1976-1982 that are surplus to that person's personal requirements. (2) (a) An application for a permit under this section shall be made to the Authority (or to a person duly authorized under subsection (1)) in the prescribed form and the applicant shall comply with all conditions prescribed by the regulations. (b) The Authority (or other person duly authorized under subsection (1)) shall consider each application and may grant or refuse it. (c) When an application is granted pursuant to this section the Authority (or other person duly authorized under subsection (1)) shall cause to be issued in respect thereof a permit. (3) A permit under this section- (a) shall be in the prescribed form; (b) shall contain the prescribed particulars; (c) shall authorize the holder to do such acts and things as are prescribed with respect thereto ; (d) shall be subject to such terms, conditions and restrictions as are prescribed or insofar as not prescribed as the Authority determines; (e) shall be subject to the payment of such fees or other charges (if any) and to such conditions as to payment thereof as the Authority determines either generally or in a particular case; (f) shall be in force for the prescribed time; (g) may be revoked by the Authority at any time. (4) When a permit granted under this section is revoked, it shall thereupon cease to be of any force or effect and shall be treated as if the period for which it was granted had expired. (5) For the purposes of this section, the Board is a person authorized by the Authority. (6) A person who sells or supplies fish referred to in subsection (1) otherwise than under the authority of a permit issued under this section commits an offence against this Act. Penalty: $1000. 36. Offences . (1) A person shall not treat fish for a commercial purpose unless he is the holder of a processor's licence granted and issued under section 31. Penalty: $5 000.

Fishing Industry Organization and Marketing Act 1982, No. 28 507 (2) A person shall not carry on the business of a commercial buyer of fish unless he is the holder of a commercial buyer's licence granted and issued under section 31. Penalty: $2 000. (3) A person shall not carry fish for sale for a commercial purpose or for treatment for human consumption other than in a vehicle registered under section 32. Penalty : $1 000. (4) A person- (a) shall not take fish for a commercial purpose unless- (i) he is the holder of a master fisherman's licence or a community fisherman's licence; or (ii) he is the holder of an assistant fisherman's licence and the fish are taken by that person whilst in the company of and under the direction of a master fisherman or a community fisherman ; (b) shall not sell fish taken by him unless he is the holder of a master fisherman's licence or a community fisherman's licence; (c) shall not use, employ or have in his charge a fishing vessel to take fish for a commercial purpose unless that vessel is licensed as a commercial fishing vessel or a community fishing vessel and the fish are taken by- (i) a master fisherman or a community fisherman; or (ii) an assistant fisherman whilst in the company of and under the direction of a master fisherman or a community fisherman ; (d) who is- (i) the owner of a commercial fishing vessel; or (ii) a master fisherman or community fisherman in charge of a commercial fishing vessel, shall not permit on board that vessel while it is being used to take fish for a commercial purpose any person who is not the holder of a master fisherman's licence, a community fisherman's licence or an assistant fisherman's licence, save a person authorized in that behalf by the Minister or the spouse or a child of the owner, master fisherman or community fisherman where that spouse or child does not whilst on board that vessel take or assist in taking fish for a commercial purpose; (e) shall not have in possession in or on Queensland waters a fishing vessel unless that vessel is licensed as a commercial fishing vessel or as a community fishing vessel or in such other circumstances as are prescribed; (f) shall not fail to comply with the lawful direction or order of an inspector. Penalty: $1000.

508 Fishing Industry Organization and Marketing Act 1982, No. 28 Division III-Powers of Inspection and the Regulation of Marketing of Fish 37. Powers of inspectors . (1) An inspector may at any time- (a) enter any premises wherein he reasonably suspects fish to be sold, or to be kept for sale or for delivery on sale, and search for and examine any fish therein; (b) make with respect to any place such examination, investigation or enquiry as is necessary to ascertain whether the provisions of this Act are being complied with; (c) question, for the purposes of this Act, a person found by him in any place or found by him in possession of any apparatus to ascertain whether this Act is being complied with and require a person so found to answer the questions put; (d) require a person found by him committing an offence against this Act or who, he believes on reasonable grounds, has committed an offence against this Act, or whose name and address are reasonably required for the purposes of this Act to state his full name and the address of his usual place of residence and, if he considers it necessary, the name and the address of the usual place of residence of any other person and if he suspects on reasonable grounds that a name or address so stated is false, may require evidence of the correctness thereof; (e) require a person to produce to him a licence or permit under this Act granted and issued to that person or alleged by that person to have been granted and issued to him, or any certificate, book, notice, record, list or writing that is required by this Act to be kept or exhibited by that person or that is, in the opinion of the inspector, material to any examination, investigation or enquiry under subparagraph (b) and inspect, examine and take copies of or extracts therefrom ; (f) require any person to produce all accounts, books and documents held by him with respect to the sale or purchase of fish and inspect and take copies of or extracts from any entries therein; (g) stop any vehicle or vessel that he reasonably suspects to be used for the taking or conveyance of fish and search for and examine any fish therein ; (h) place a mark upon and, where he considers it necessary to the execution of this Act, open any tray, case, basket or other container suspected by him to contain fish;

Fishing Industry Organization and Marketing Act 1982, No. 28 509 (i) remove any fish and containers seized by him under this Act or allow those fish and containers to remain at the place where they were seized and fasten, secure or seal those containers and any door or aperture affording access to that fish; (j) require, for the purpose of removing fish seized under this Act in any vehicle or vessel, the person in charge of that vehicle or vessel to convey the fish to a place nominated by the inspector; (k) require- (i) any person whom he reasonably suspects of committing or of having committed an offence against this Act; (ii) the seller of fish; (iii) the purchaser of fish; or (iv) any person found delivering fish for or on sale; to supply his name and address and in the case of a purchaser of fish the name and address of the person from whom he purchased that fish; (1) search any place if he suspects on reasonable grounds that an offence against this Act has been or is being committed or is likely to be committed or that there is or is likely to be in that place any fish, apparatus, or other thing of any kind with respect to which that offence was or is being committed or is likely to be committed or that will afford evidence as to the commission of that offence and may break open and search every bag, package, bottle or other receptacle of any kind in that place; (m) seize and detain any fish (and any bag, package, bottle or other receptacle containing it) in respect of which an offence against this Act has been or is being committed or in respect of which he suspects on reasonable grounds that such an offence has been or is being committed or that he believes will afford evidence as to the commission of that offence or that he is satisfied are unfit for human consumption, or any vessel, vehicle or other conveyance, apparatus or other thing of any kind that has been or is being used or is being kept or prepared for use in contravention of this Act or that he believes on reasonable grounds will afford evidence as to that contravention; (n) remove any fish or any vessel, vehicle or other conveyance, container, apparatus or other thing of any kind seized by him under this Act from the place where it was seized to such place as he determines, or may allow that fish, vessel, vehicle or other conveyance, container, apparatus or other thing to remain at the place of seizure and in the latter case make such arrangements as he considers necessary to protect it;

510 Fishing Industry Organization and Marketing Act 1982, No. 28 (o) enter upon and pass along the banks or borders of any river, creek, stream or fresh water with vessels or otherwise and enter upon, pass along and examine all tributaries, dams, weirs and watercourses communicating therewith; (p) call to his aid- (i) another inspector or a member of the Police Force of the State in a case where he is obstructed or has reasonable grounds to believe that he will be obstructed in the exercise of his powers or the performance of his functions and duties; (ii) a person who, he thinks, is competent to assist him in the exercise of his powers or the performance of his functions and duties; (q) use such force as is reasonably necessary in the exercise of the powers or the performance of the functions and duties conferred or imposed upon him by this Act; (r) require, by order in writing, a person who has failed to comply with this Act to take within such time as is specified such steps as are specified and to remedy those matters in respect of which non-compliance has occurred. (2) If an inspector authorized in that behalf by the Authority is satisfied that any fish lawfully seized by him are unfit for human consumption he shall by order condemn the same. (3) An inspector who is authorized by this Act to search premises shall not make a search unless he has upon his person a certificate of his appointment issued by the Authority. A person apparently in charge of premises about to be searched is entitled to demand and to be shown the certificate of appointment of the inspector who seeks to search the premises. (4) Before an inspector enters any part of premises which part is being used exclusively as a dwelling-house he shall, save where he has the permission of the occupier of that part to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect-- (a) that in any place fish are being sold, kept for sale or for delivery on sale; and (b) that in respect of that fish an offence against this Act has been committed, is being committed or is likely to be committed, may issue his warrant directed to the inspector to enter the place specified in the warrant for the purpose of exercising therein the powers conferred on an inspector under this Act.

Fishing Industry Organization and Marketing Act 1982, No. 28 511 A warrant shall be for the period of one month from the date of its issue sufficient authority for the inspector and for all persons acting in aid of him- (a) to enter the place specified in the warrant; and (b) to exercise therein the powers conferred on an inspector by this Act. In this subsection premises that are used as a dwelling-house do not include the curtilage of those premises. (5) For the purpose of gaining entry to any place an inspector may call to his aid such persons as he thinks necessary and those persons, while acting in aid of an inspector in the lawful exercise by him of his power of entry, shall have a like power of entry. (6) An answer made by any person in response to an inspector's requisition that he must answer the questions of the inspector if it tends to incriminate that person in an offence against this Act, shall not be admissible in evidence against that person in any proceeding relating to that contravention or failure to comply. 38. Disposal of seized fish and containers . (1) Where an inspector has lawfully seized any fish (whether with or without containers) the Authority- (a) may cause that fish to be destroyed or authorize that fish to be used for a purpose other than human consumption if- (i) it is condemned as unfit for human consumption; or (ii) it may lawfully be destroyed under this Act; (b) may cause that fish (and containers, if any) to be- (i) sold at a market or depot (or otherwise as the Authority may direct in any particular case) and the nett proceeds of sale retained by the Authority until they are disposed of in accordance with an order of any court of competent jurisdiction or in accordance with the provisions of section 39; or (ii) retained by the Authority until the determination of any proceeding taken in respect thereof in which the fish or, as the case may be, containers may be admitted in evidence. The Authority may exercise a power conferred by this subsection with respect to a portion of the fish or containers lawfully seized notwithstanding that it does not exercise that power or any other power with respect to any other portion. (2) The Minister may direct that fish or containers lawfully seized under this Act be delivered to the owner subject to such conditions as the Minister imposes, and the Authority shall forthwith deliver the fish or containers in question in accordance with that direction. A person who contravenes or fails to comply with any condition imposed (whether on that person or another) by the Minister under this section commits an offence against this Act.

512 Fishing Industry Organization and Marketing Act 1982, No. 28 39. Disposal of nett proceeds of sale. (1) Where the Authority is holding the nett proceeds of sale under section 38, a Magistrates Court constituted under the Justices Act1886-1981- (a) upon the determination of a proceeding, whenever commenced, for an offence against this Act alleged to have been committed with respect to the fish sold, of its own motion or on application made in that behalf by any party to that proceeding; or (b) if a proceeding specified in subparagraph (a) has not been commenced within 6 months after the date of seizure of the fish sold, upon application in that behalf by the Authority or by any person claiming a proprietary interest in those proceeds, may- (c) order that the nett proceeds of sale be paid into the General Fund and become part of that fund if- (i) any person has been convicted of an offence against this Act in regard to the fish sold; (ii) the person who would otherwise be entitled to the nett proceeds of sale or any part thereof is unknown to the chairman after reasonable inquiry in that behalf; or (iii) for any other reason the court considers it just so to do; (d) order that the nett proceeds of sale be paid to the persons appearing to it to be entitled to them in such proportions as the court considers just; (e) make any other order it considers just. A court may make separate orders under this subsection in respect of several parts of the nett proceeds. (2) Where fish have been seized under section 37 and- (a) a proceeding for an offence against this Act alleged to have been committed with respect to that fish has not been commenced within 12 months after the date of seizure; or (b) a proceeding has not been commenced in any court in respect of that fish or the nett proceeds of sale or any part thereof within 12 months after the date of seizure, the nett proceeds of sale shall without further authority than this provision be applied by the Authority to its general use for the purposes of this Act. (3) Where pursuant to an order of any court or to subsection (2) the Authority has paid to any person or applied to its general use nett proceeds of sale or any part thereof, it shall not be liable at the suit of any person for such proceeds or part thereof. An order of the court made pursuant to subparagraph (d) or (e) of subsection (1) shall not operate or be construed so as to bar the right of a person entitled to recover by action the nett proceeds of sale or any part thereof (to which the order refers) from a person to whom those nett proceeds or part have been paid in compliance with that order.

Fishing Industry Organization and Marketing Act 1982, No. 28 513 (4) An application under subparagraph (b) of subsection (1) shall be made to the Magistrates Court in the Magistrates Courts district in which the principal office of the Authority is situated. (5) A court to which any application is made under this section may require the applicant to give notice of his application to such persons as the court specifies and may from time to time adjourn the application for the purpose of enabling that notice to be given. (6) In this section and in section 38 the expression " nett proceeds of sale " means the amount remaining from the proceeds of sale of the fish (and containers, if any) in question after payment therefrom of expenses incurred in- (a) the seizure of the fish; (b) the conveyance of the fish from the place of seizure to the place of sale; (c) the storage of the fish until delivery on sale; (d) the sale in question. 40. Disposal of fish retained . A court that determines a proceeding for an offence against this Act may make such order with respect to the disposal of any fish or containers retained by the Authority for the purposes of that proceeding as it considers just, and the Authority and all other persons concerned shall do all things necessary to give effect to that order. 41. Offences . A person shall not- (a) assault, obstruct, abuse, threaten or intimidate an inspector, a person acting in aid of an inspector or a person employed by the Authority in the exercise of his powers or in the discharge of his duties under this Act, or attempt so to do; (b) prevent a person from appearing before or being questioned by an inspector or attempt so to do; (c) fail to facilitate by all reasonable means the boarding or searching of a vessel, vehicle or other conveyance by an inspector or a person acting in aid of an inspector; (d) fail to comply with a lawful order, notice, prohibition or requirement duly given or imposed by the Authority or by an inspector for the purposes of this Act; (e) fail to comply with a lawful requirement or order of an inspector, or any part thereof; (f) fail without reasonable excuse to produce a licence, permit, certificate, book, account, record, list, document or writing that he is required by this Act to produce or fail to allow an inspector to make a copy of or take an extract from such licence, permit, certificate, book, notice, 'record, list, document or writing;

514 Fishing Industry Organization and Marketing Act 1982, No. 28 (g) take or retake possession of, remove or otherwise deal with any fish, apparatus or other thing seized or delivered up under this Act or attempt so to do; (h) fail to allow fish to be seized, removed or retained by an inspector or a person employed by the Authority in the exercise of his powers or in the discharge of his duties under this Act or by any person acting at the direction of that person; (i) give, offer or promise any bribe, recompense, inducement, or reward to any inspector or person acting in aid of an inspector or person employed by the Authority or to any person acting at the direction of that employee of the Authority with intent to influence that inspector or employee in the exercise of his powers or the discharge of his duties under this Act or, as the case may be, under such direction; (j) when required by an inspector to give information for the purposes of this Act- (i) fail to give information within his knowledge or means of knowledge; or (ii) give information that to his knowledge is false in a material particular; (k) contravene or fail to comply with any term or condition of any licence or permit; (1) open, break, remove, alter or erase any fastening, mark or seal placed on any container, door, aperture or place for the purposes of this Act unless he is authorized by this Act or the Authority so to do; (m) when required for the purposes of this Act by an inspector to state his name and address or the name and address of the person from whom he purchased any fish fail to state his name and address or, as the case may be, the correct name and address of the person from whom he purchased the fish in question. 42. Orders , directions and the like. (1) Any order, requirement, direction, determination, prohibition or notice made, given or issued under this Act- (a) may be made, given or issued so as to apply to- (i) any person or persons or any person or persons included in any class or classes of persons specified therein or persons generally; (ii) fish or part thereof included in any class, grade or description of fish specified therein or fish generally; (iii) any premises or any premises included in any class of premises specified therein or to premises generally; (b) may be made, given or issued so as to apply generally or to or in any district, or part of the State;

Fishing Industry Organization and Marketing Act 1982, No. 28 515 (c) may make different provisions with respect to different qualities, classes, grades, species or descriptions of fish or in respect of different purposes for which fish are intended for use; (d) may exempt- (i) any person or persons or any person or persons included in any class or classes of persons specified therein; (ii) fish or part thereof included in any class, grade, species or description of fish specified therein; (iii) any premises or any premises included in any class of premises specified therein; (iv) any district, or part of the State; from the operation of all or any of the provisions thereof; (e) may contain such incidental or supplementary provisions as are considered necessary or desirable for the purposes thereof. (2) Save as otherwise prescribed, an order, requirement, direction, determination, prohibition or notice made, given or issued by the Authority under this Act shall be- (a) published in the Gazette; or (b) advertised in a newspaper circulating throughout the State; or (c) given in writing to the person concerned. 43. Disposal of fish . (1) Subject to subsection (2), any person who sells any fish or delivers any fish to or buys or receives any fish from any person commits an offence against this Act. Penalty $2 000. (2) The provisions of subsection (1) shall not apply to- (a) a person licensed or otherwise permitted under this Act to receive, sell, buy or deliver fish or otherwise deal with fish; (b) such other persons or classes of person as the Authority may from time to time (either generally or in a particular case) approve; (c) fish harvested for the personal use of the person taking the fish and used for that purpose; (d) a delivery or receipt of fish if the receipt of the fish is for a purpose other than than sale by the receiver or any other person. 44. Dockets to evidence the sale of fish. (1) Subject to subsection (4) upon the sale of fish the vendor shall give to the purchaser and the purchaser shall obtain from the vendor a docket that complies with subsection (2).

516 Fishing Industry Organization and Marketing Act 1982, No. 28 (2) A docket given and obtained pursuant to subsection (1) shall- (a) state the name and usual address of the vendor and of the purchaser; (b) specify the date of the sale to which it relates; and (c) identify the quantity and description of fish sold. (3) A person who has obtained a docket referred to in subsection (1) shall retain the docket in his possession for as long as he has in his possession the fish to which the docket relates or any part of such fish. (4) Subsection (1) does not apply to a sale of fish if the purchase of that fish is for a purpose other than sale by the purchaser. (5) A person in possession of fish shall, upon the demand of an inspector, produce to the inspector a docket that complies with subsection (2) and that relates to such fish unless such person is not required by subsection (4) to obtain a docket in respect of such fish. 45. Prohibition of sales of unwholesome fish and fish products. A person shall not sell or supply for human consumption- (a) fish that are unsound, unwholesome, undersized, immature or unfit for human consumption; (b) fish products that are unsound, unwholesome or unfit for human consumption. It shall not be competent for a person charged with a contravention of this section to claim that the contravention was justified, authorized or excused by reason of any provision of or anything done under this Act. PART III-FISHING INDUSTRY APPEALS TRIBUNAL 46. Appointment . (1) For the purposes of this Act, there shall be established and thereafter constituted a body to be called the Fishing Industry Appeals Tribunal. (2) The Appeals Tribunal shall have and may exercise the powers and authorities and shall perform the functions and duties conferred or imposed upon it by this Act. (3) The Appeals Tribunal shall consist of 3 members appointed by the Governor in Council by notification published in the Gazette of whom- (a) one shall be a barrister-at-law, solicitor, stipendiary magistrate or a person who has been a stipendiary magistrate, who shall be chairman; (b) one shall be a person well versed in matters relating to the fishing industry and who shall not directly or indirectly by himself or any partner of his have any pecuniary interest in the harvesting, transportation or sale of fish, nominated by the Minister; (c) one shall be a person holding such special qualification as are determined by the Minister, nominated by the Minister.

Fishing Industry Organization and Marketing Act 1982, No. 28 517 (4) A member of the Legislative Assembly or of a House of the Parliament of any other State or of the Parliament of the Commonwealth shall not be qualified to be or to act as a member of the Appeals Tribunal. 47. Tenure of office. Subject to this Act, the persons appointed as members of the Appeals Tribunal shall hold office for such term as is prescribed. 48. Disqualification from and vacation of office. (1) A person who- (a) is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors ; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of the Mental Health Act1974-1978- shall not be capable of being or continuing to be a member of the Appeals Tribunal. (2) A member of the Appeals Tribunal shall be deemed to have vacated his office- (a) at the expiry of his term of office; (b) if he- (i) dies; (ii) becomes incapable of continuing as a member; (iii) is absent without prior leave of absence granted by the chairman thereof from three consecutive meetings thereof of which due notice has been given to him; (iv) resigns his office as a member by notice in writing signed by him furnished to the Minister; (v) where he is a nominee of the Minister under section 46 (3) (b) or (3) (c), is directly or indirectly interested in any way by himself or any partner or partners of his or he or his partner or partners has or have a pecuniary interest in the harvesting, transportation or sale of fish. (3) Where the Governor in Council is satisfied that a member of the Appeals Tribunal has contravened or failed to comply with a provision relating to fish of this Act or any other Act, he may, whether or not that member has been convicted of the contravention or failure, remove that member from office as such member. (4) Notwithstanding any Act or law, the summary conviction of a person of an indictable offence shall be for the purposes of paragraph (b) of subsection (1) a conviction of an indictable offence.

518 Fishing Industry Organization and Marketing Act 1982, No. 28 49. Casual vacancies . (1) When a casual vacancy occurs in the office of a member of the Appeals Tribunal during the term of office of the members then constituting it, another person shall be appointed in accordance with section 46 (3) to fill that vacancy. (2) A person appointed to fill a casual vacancy shall be appointed and hold office for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-appointment as a member of the Appeals Tribunal. 50. Acting chairman . The Governor in Council may appoint a person qualified in accordance with section 46 (3) (a) to act as chairman of the Appeals Tribunal during the absence of the chairman thereof from any cause and whilst so acting that person shall have and may exercise all the powers and authorities and shall perform all the functions and duties of the chairman thereof. 51. Acting member . The Governor in Council may appoint in accordance with section 46 (3) (b) or, as the case may be, (c) a qualified person to act in the stead of a member during the absence of that member from any cause and a person so appointed shall, during the absence of the member for whom he acts, have and may exercise the powers and authorities and shall perform the functions and duties of that member. 52. Fees, allowances , expenses . The members of the Appeals Tribunal shall be paid such fees, allowances or expenses as the Minister approves. Fees, allowances or expenses payable under this section may differ in respect of different members according to class of payment, rate or the position held on the Appeals Tribunal. 53. Accounts and finance . (1) The chairman of the Appeals Tribunal shall cause to be kept proper accounts, books and records of all sums of money received and paid by or on its behalf for the purposes of this Act and of the several purposes for which sums of money have been received and paid. (2) Notwithstanding subsection (1), the chairman of the Appeals Tribunal, with the approval of the Minister first had and obtained, may arrange for the keeping of accounts, books and records by the Authority and the Authority shall comply with the terms of any arrangement so made. (3) The Authority shall defray out of its funds all costs (including fees, allowances and expenses) with respect to the exercise and performance by the Appeals Tribunal of its powers, authorities, functions and duties. (4) The Appeals Tribunal shall, upon request made by the Authority at any time in that behalf, pay to the Authority out of moneys received by the Appeals Tribunal such amounts as the Authority specifies but moneys so paid shall not in any case exceed the costs paid by the Authority under subsection (2).

Fishing Industry Organization and Marketing Act 1982, No. 28 519 54. Notice and adjournment of sittings . (1) The chairman of the Appeals Tribunal shall convene all sittings thereof and shall give to each member thereof at least two days' notice in writing of each such sitting. (2) For the purposes of subsection (1), notice by telegram shall constitute sufficient notice in writing. (3) The chairman or where an acting chairman has been appointed the acting chairman whilst acting as chairman may adjourn any sitting of the Appeals Tribunal from time to time and from place to place. 55. Secretary and other officers. (1) The Appeals Tribunal may appoint or arrange for the services of a secretary and such other officers as in its opinion are necessary for the proper exercise of its powers and the performance of its functions and duties under this Act. (2) An officer of the Public Service of Queensland may, with the approval of the Minister, be appointed under this section and may hold such appointment in conjunction with his office as such officer. (3) The Appeals Tribunal may, with the approval of the Minister, enter into an arrangement with the Authority for the performance by the Authority of secretarial or other duties in relation to the Appeals Tribunal and the Authority shall comply with the terms of any arrangement so made. 56. Quorum . (1) Any two members of the Appeals Tribunal one of whom shall be the chairman or where an acting chairman has been appointed the acting chairman, shall constitute a quorum. (2) All the powers and authorities of the Appeals Tribunal shall be exercisable at any sitting thereof at which a quorum is present. 57. Appeal. (1) A person aggrieved by a decision of the Authority may appeal to the Appeals Tribunal against that decision. (2) An appeal shall not be brought under this section unless- (a) it is limited to one or more of the following grounds- (i) that the decision of the Authority was not in accordance with this Act; (ii) that the decision of the Authority was manifestly unfair; (iii) that the decision of the Authority will cause severe personal hardship to the appellant; (b) it is made in the prescribed form and accompanied by the prescribed fee; (c) it is made in the prescribed manner and within the prescribed time. (3) Upon a request made by the Appeals Tribunal in that behalf the appellant shall, within such time as is specified therein, submit to it such information or documents as are requested.

520 Fishing Industry Organization and Marketing Act 1982, No. 28 (4) The Appeals Tribunal shall hear and determine every appeal under this section and may by its decision confirm, vary or set aside the decision appealed against and may make any determination and order that the Authority could have properly made under this Act and such order as to costs as it thinks fit. (5) The Appeals Tribunal shall dismiss an appeal considered by it to be frivolous or vexatious. 58. Procedure on appeal . (1) An appeal to the Appeals Tribunal shall be instituted within one month after the date on which the appellant receives notice of the decision of the Authority whereby he is aggrieved, by lodging with the secretary of the Tribunal a notice of appeal in writing in the prescribed form and paying the prescribed fee. The grounds of the appeal shall be clearly and briefly set forth in the notice of appeal. The appellant may at any time withdraw his appeal by notice in writing given to the secretary. (2) When an appeal has been duly instituted the secretary shall arrange with the chairman of the Appeals Tribunal a date, time and place for the hearing of the appeal and shall give at least seven days' notice thereof to the appellant and the Authority. (3) The decision of the Appeals Tribunal where the members are not unanimous, shall be that of the majority of the members. (4) Where 2 members only are present at a sitting of the Appeals Tribunal, any matter upon which they fail to agree shall be referred to the next sitting of the Appeals Tribunal. 59. Venue and nature of appeal . (1) The Appeals Tribunal shall sit in such places and at such times as it determines and shall determine an appeal on the evidence that was before the Authority in the matter in question and on such further evidence as in the opinion of the chairman or, as the case may be, acting chairman is relevant to the matter of the appeal. (2) The Appeals Tribunal may inform itself on any matter in such manner as it thinks fit and, subject to this Act, shall not be bound by rules of or practice as to evidence. (3) Subject to this Act, an appeal shall be conducted in accordance with the directions of the Appeals Tribunal which directions shall be consistent with natural justice. (4) The appellant or the Authority may appear before the Appeals Tribunal in person or by counsel or solicitor or by an agent acceptable to the Tribunal. (5) The chairman of the Appeals Tribunal shall cause a record signed by him to be kept of all decisions of the Appeals Tribunal.

Fishing Industry Organization and Marketing Act 1982, No. 28 521 A record of a decision purporting to be signed by the chairman shall for any purpose be evidence and, in the absence of evidence to the contrary, conclusive evidence of the decision in question. 60. Effect of appeal and of determination thereof . The decision of the Appeals Tribunal shall be final and conclusive and shall be given effect to. Where the decision of the Authority is set aside by the Appeals Tribunal, that decision shall be of no further force or effect but where it is confirmed, that decision shall continue to be of full force and effect according to its tenor. 61. Powers of Appeals Tribunal . (1) For the purpose of exercising its functions under this Act, the Appeals Tribunal shall have and may exercise all the powers, authorities, protection and jurisdiction of a Commission under The Commissions of Inquiry Acts 1950 to 1954 and the chairman or, as the case may be, acting chairman of the Appeals Tribunal shall have all the powers of the chairman of such a Commission save such powers as are limited to a chairman of such a Commission who is a Judge of the Supreme Court. (2) A witness summoned to appear before the Appeals Tribunal shall be entitled to receive payment for the expenses of his attendance in accordance with such rate as is prescribed or, in the absence of a prescribed rate, as is determined by the chairman of the Appeals Tribunal. PART IV-QUEENSLAND FISH BOARD 62. Constitution of Queensland Fish Board . (1) The Queensland Fish Board constituted under the Fish Supply Management Act1972-1976 is hereby preserved and continued in existence and constituted under this Act under the name Queensland Fish Board. (2) Queensland Fish Board by that name shall be a body corporate with perpetual succession and a common seal and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it and of acquiring, holding, demising and alienating land and other property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) All courts and persons acting judicially shall take judicial notice of the common seal of the Board and until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. (4) The Board does not represent the Crown. 63. Composition . (1) The Board shall consist of not less than 8 members appointed by the Governor in Council by notification published in the Gazette, of whom- (a) one shall be a person nominated by the Minister, who shall be chairman;

522 Fishing Industry Organization and Marketing Act 1982, No. 28 (b) one shall be the Director of Marketing, Department of Primary Industries for the time being or his nominee appointed in writing; (c) 3 persons nominated by the Minister from a panel of names of persons submitted in the prescribed manner by prescribed bodies; (d) not less than 3 persons nominated by the Minister. In appointing persons under subparagraphs (c) and (d) the Governor in Council shall ensure that at least three of those persons are representative of commercial fishermen. (2) If at any time default is made in furnishing a panel or panels of names within the time specified in a request in writing in that behalf given by the Minister or the panel or panels of names submitted is or are, in the opinion of the Minister, inadequate as to the number or the description or the fitness of persons named therein the Minister may at his discretion nominate a person or persons sufficient as to number or description or fitness to comprise the panel in respect of which default is made or as the case may be, to make adequate the panel or panels furnished. The panel as so comprised or made adequate by the Minister shall be deemed to have been furnished by or on behalf of the body to which the Minister's request was directed. 64. Cessation of office of members of existing Queensland Fish Board. The Governor in Council, by notification published in the Gazette, may declare a day on and from which the appointments of persons as members of the Queensland Fish Board constituted under the FishSupplyManagement Act1972-1976 shall cease and upon the commencement of that day the terms of office of those members shall cease accordingly. 65. First constitution of Board . The Board shall be first constituted upon the commencement of the day notified in accordance with section 64, and the appointment of the total number of members of the Board shall be made on or before that date. 66. Tenure of office. (1) A member of the Board shall be appointed and hold office for a term of 3 years but if by the expiration of that term his successor has not been duly appointed, he shall, subject to this Act, hold office until his successor is duly appointed. (2) The terms of office of the members who first constitute the Board shall commence upon the commencement of the day notified in accordance with section 64. (3) The terms of office of the members who subsequently constitute the Board shall commence on the day on which their appointments take effect. (4) A member of the Board shall, if he is otherwise qualified, be eligible for re-appointment as a member. (5) The Governor in Council may at any time remove a member of the Board from office as a member by notification published in the Gazette.

Fishing Industry Organization and Marketing Act 1982, No 28 523 67. Disqualification from and vacation of office. (1) A person who- (a) is an undischarged bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; (b) has been convicted in Queensland of an indictable offence or has been convicted elsewhere than in Queensland in respect of an act or omission that if done or made by him in Queensland would have constituted an indictable offence; or (c) is a patient within the meaning of the Mental Health Act1974-1978, shall not be capable of being or continuing to be a member of the Board. (2) The office of a member of the Board shall become vacant if the member- (a) dies; (b) becomes incapable of continuing as a member; (c) is absent without prior leave of absence granted by the Board from 3 consecutive meetings of the Board of which due notice has been given to him; (d) resigns his office as a member by writing signed by him furnished to the Minister; (e) ceases to be qualified as a member; (f) is removed from office as a member by the Governor in Council. 68. Casual vacancies . (1) When a vacancy occurs in the office of a member of the Board during the term of office of the members then constituting the Board, the Governor in Council may appoint as prescribed by section 63 another person as a member to hold office for the balance of his predecessor's term of office as a member. (2) A person appointed to fill a casual vacancy in the membership of the Board shall hold office for the balance of his predecessor's term of office as a member or until he sooner vacates that office and shall if otherwise qualified be eligible for re-appointment. 69. Deputy chairman and deputies of other members . (1) The Board shall elect from among its members a deputy chairman who shall retain that office during the term of his appointment. Where the chairman of the Board is absent from any cause and is thereby prevented from performing the duties of the office of chairman, the deputy chairman shall act as chairman of the Board during such absence and the deputy chairman while so acting shall have and may exercise the powers, authorities and immunities and shall perform the functions and duties of the chairman. In the absence of the chairman and deputy chairman the members of the Board may elect from among their number an acting chairman who shall preside at meetings during the absence of the chairman and deputy chairman.

548 Fishing Industry Organization and Marketing Act 1982, No. 28 (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it; (d) where the person to whom it is directed is the master or other person in charge of a vessel or a person belonging to a vessel, it is left on board that vessel with the person who is or appears to be at the time in charge of the vessel. 128. Evidentiary provisions . (1) In any proceeding for the purposes of this Act- (a) it shall not be necessary to prove the appointment of the chairman or any other member of, the secretary to or any employee or appointee of the Authority or Board, or the authority of the Authority or Board, or the chairman or other member of, the secretary to or any employee or appointee of the Authority or Board to do any act, give any direction or notice or take any proceeding; (b) it shall not be necessary to prove the appointment ofan inspector or other officer or the authority of an inspector or other officer to do any act, take any proceeding or give any direction or order; (c) a document, purporting to be a copy of a licence, permit, certificate, notification, requisition, direction, demand, order or other document given or made by or on behalf of the Authority or Board, and purporting to be duly signed, given or made by the chairman, secretary or an inspector to give or make it shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters therein contained and of the due signature, giving or marking of the original of which it purports to be a copy; (d) a writing verified by a certificate purporting to be signed by the secretary to the Authority or Board as a true copy of or extract from any document or any entry in a register or book which document, register or book is in the custody of the Authority or Board or of any person on behalf of the Authority or Board shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence that the writing is what it is verified as being and of the matters contained in the original thereof; (e) a signature purporting to be that of an inspector or other officer shall be taken to be the signature it purports to be until the contrary is proved; (f) an allegation or averment in a complaint that the act in respect of which the complaint is made was committed in Queensland waters shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that allegation or averment;

Fishing Industry Organization and Marketing Act 1982, No. 28 549 (g) an averment in a complaint of the date on which the commission of an offence against this Act came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of that averment; (h) a document purporting to be signed by the chairman stating that at a specified time or during a specified period there was or was not in force a licence or permit, under this Act as described in the document issued to a specified person or in respect of a specified thing and that such licence or permit was or was not subject to the terms, conditions or restrictions set out in the document shall upon its production in that proceeding be evidence, and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that document; (i) a certificate purporting to be signed by the chairman certifying as to the receipt or otherwise of a notice, application or payment or that an amount of fees or other moneys specified in the certificate is payable under this Act and has not been paid by a specified person shall, upon its production in evidence be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in that certificate; (j) evidence that fish were received at a fish market or other place of sale or at a railway station or an office of any person or body engaged in transporting goods or materials in the name of a person as consignor shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the fish were taken and consigned by that person; (k) in which it is material to prove that a person was engaged or employed or that a vessel was used in taking fish for a commercial purpose, evidence that the person was engaged or employed or that the vessel was used in taking fish shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the taking of those fish was for a commercial purpose; (1) evidence of the display, at the material time, of an illuminated sign with the words " Inspector " and " Stop " thereon in letters 10 centimetres at the least in height and of the use of a megaphone by an inspector to hail the person in charge of a vessel shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that that person in charge has received a lawful requisition to stop his vessel. (2) The fact that fish are found- (a) in any premises where fish are usually sold or kept for sale or for delivery for or on sale by any person; (b) in any vessel used by any person for the taking of fish for sale; (c) in any vehicle or vessel used by any person for the conveyance of fish for sale or for the delivery of fish for or on sale, shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that those fish are in the possession of that person for sale.

550 Fishing Industry Organization and Marketing Act 1982, No. 28 129. Reports to Minister . Upon being required so to do by the Minister, by writing signed by him or by the Director-General, the chairman of the Authority or Board, as the case may be, shall cause an accurate and full report to be furnished to the Minister with respect to- (a) the finances generally of the Authority or Board; (b) any matter relating to the revenues or expenditure of the Authority or Board; (c) any matter concerning the administration of the Authority or Board; (d) any business conducted by the Authority or Board; (e) any other matter pertaining to the carrying of this Act into effect by the Authority or Board. 130. Protection of Minister , etc. Liability at law shall not attach to the Minister, Director-General, any inspector or officer of the Authority or person acting with the authority of the Minister, Director-General, any inspector or officer of the Authority or a person acting under the direction or in aid of an inspector, on account of anything done for the purposes of this Act or done in good faith and purporting to be done for the purposes of this Act. 131. Bodies corporate not to be concerned in party politics. (1) A body corporate constituted under this Act shall not- (a) use any of its funds for any purpose in connexion with the politics of any political party; (b) become affiliated in any way with any body, association or organization that has as its object or any of its objects the support of the politics, programme or aims of any political party. (2) If at any time the Governor in Council is satisfied that a body corporate constituted under this Act has contravened any provision of subsection (1), the Governor in Council, by Order in Council, may remove all or any of the members of the body corporate and appoint persons to be members thereof in place of the persons so removed. (3) Any person appointed pursuant to subsection (2) shall, subject to this Act, hold office as such member for the remainder of the term of office of those persons removed. (4) The Governor in Council may exercise the power conferred upon him by subsection (2) notwithstanding that the body corporate in question has not been prosecuted or convicted for an offence against this Act in respect of a contravention of any provision of subsection (1) or that the body corporate is not liable to be punished at law in respect of that contravention. 132. Queensland Commercial Fishermen ' s Organization . (1) The Queensland Commercial Fishermen's State Council constituted under the Fisheries Act1976 is preserved, continued in existence and constituted under this Act under the name " Queensland Commercial Fishermen's Organization ".

Fishing Industry Organization and Marketing Act 1982, No. 28 551 (2) The Queensland Commercial Fishermen's Organization shall consist of the aggregate of the number of representatives that each commercial fishermen's local branch is entitled under the regulations to appoint to the Queensland Commercial Fishermen's Organization from the members of its branch. (3) Queensland Commercial Fishermen's Organization by that name shall be a body corporate with perpetual succession and a common seal and shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts and sums of money due to it and of acquiring, holding, demising and alienating property and of doing and suffering all such acts and things as bodies corporate may in law do or suffer. All courts and persons acting judicially shall take judicial notice of the common seal and until the contrary is proved shall presume that it was duly affixed to any document on which it appears. The acquisition and holding of land by Queensland Commercial Fishermen's Organization may be as trustee for any commercial fishermen's local branch upon such trusts and with such powers as the Governor in Council by Order in Council determines. (4) There shall be constituted in respect of every prescribed area within the State, a commercial fishermen's local branch consisting of those fishermen who are qualified as pre: ;ribed. (5) (a) The functions of the Queensland Commercial Fishermen's Organization are- (i) to promote and develop the fishing industry; (ii) to organize fishermen with a view to fostering, protecting and advancing their interests; (iii) to encourage and assist co-operation between fishermen and departments of the Government of the State and of the Commonwealth, Queensland Fish Marketing Authority, Queensland Fish Board and other bodies with a view to improving methods and efficiency within the fishing industry by means of surveys and research, promulgation of technical and scientific knowledge, the conservation of fish and fishing grounds and any other means that may from time to time be desirable ; (iv) to take such action as may be necessary to achieve affiliation with like associations in other States and in Territories of the Commonwealth; (v) to establish and maintain publications for the purpose of furnishing to fishermen information relating to the fishing industry or the advancement or interests of fishermen; (vi) generally to do all such things and take all such steps as are necessary for the protection, advancement and furtherance of the fishing industry.

552 Fishing Industry Organization and Marketing Act 1982, No. 28 (b) In addition to or in modification of the functions set out in paragraph (a) Queensland Commercial Fishermen's Organization shall have and may exercise or perform such powers, authorities, functions and duties as the Governor in Council by Order in Council from time to time determines. 133. Regulations . (1) The Governor in Council may make regulations not inconsistent with this Act providing for all matters and things (whether general or to meet particular cases) that are necessary or convenient for the administration of this Act or for carrying this Act into effect. Regulations may be made to apply generally throughout the State or within any district or part of the State or with respect to any market or depot or otherwise to be of such limited application as is indicated therein. (2) Without limiting the generality of the power conferred upon the Governor in Council by subsection (1), regulations may be made with respect to the matters set forth in the First Schedule. (3) For the purposes of this Act the power to regulate includes the power to prohibit. FIRST SCHEDULE SUBJECT MATTER FOR REGULATIONS (s. 133) 1. Providing for and regulating the management and control by the Board of markets and depots and the supply and marketing of fish. 2. The powers, functions and duties of persons engaged in the administration of this Act. 3. Providing for and regulating- (a) the traffic within the limits of a market or depot and the approaches to a market or depot and without limiting the generality of the foregoing to control the use of wharves under Board control, the time for which vessels may tie up or use the wharves; and the removal of vessels from wharves; (b) the orderliness of carriers resorting to a market or depot; (c) the use to be made of buildings, stalls, pens, troughs, and stands within a market or depot; (d) the prevention of nuisance or obstructions within a market or depot and the approaches to a market or depot; (e) the maintenance of order, discipline, decency and cleanliness of persons resorting to a market or depot; (f) the prevention of trespass upon or unauthorized intrusion into a market or depot; (g) standards of hygiene and cleanliness in and about a market or depot.

Fishing Industry Organization and Marketing Act 1982, No. 28 553 4. Providing for the rents, commissions, tolls, dues, rates, fees and- charges payable to the Board or to the Authority in carrying this Act into effect or performing any function or duty under this Act or rendering any service and prescribing the persons who are to pay them, the purposes for which they shall be charged, the manner of their recovery and the settlement of disputes respecting their payment. 5. Providing for and regulating the disposal of fish that have been certified as unfit for human consumption or that the Board or an inspector to do so considers to be unsaleable. 6. Regulating the hours of trading at a market or depot. 7. Regulating cold storage by the Board including, but without limit to the generality of the power conferred by this clause, the empowering of the Board at its discretion- (a) to allocate and re-allocate space in storage facilities having regard to competing claims of owners of fish; (b) to remove from storage and dispose of fish that the Board considers to be unsaleable. 8. Preventing the use of false or defective weights, scales or measures. 9. Providing for and regulating the sale of fish at a market or depot. 10. Providing for and regulating- (a) the inspection of fish at a market or any place; (b) the prevention of the sale in a market, depot or elsewhere of unsound or unwholesome fish (including fish in a condition known as " earthy " or fish in a condition known as " kerosene tainted ") or fish that has been certified as unfit for human consumption; (c) the disposal of fish the sale of which is prevented pursuant to subclause (b); (d) regulating the standards for the nature, design, construction, maintenance and cleanliness of vehicles or vessels used in relation to the transportation of fish. 11. Providing for and regulating application for and the grant and issue of licences and permits under this Act and duplicates thereof; eligibility of and the qualification entitling persons to apply for and hold and prohibitions against persons not qualified or eligible as prescribed from applying for, obtaining or holding such licences and permits and the circumstances in which exemption from such prohibitions may be granted; the conditions precedent to the issuing of licences or permits; the term, conditions or restrictions subject to which licences and permits under this Act are granted; the surrender, transfer, renewal, revocation, cancellation, suspension or endorsement of licences and permits issued under this Act.

554 Fishing Industry Organization and Marketing Act 1982, No. 28 12. Regulating the guarantee of loans. 13. Prescribing the books, accounts and records to be kept, the returns to be furnished for the purposes of this Act, the subject-matter of returns, the time and mode of compiling and furnishing returns and the persons by and to whom returns are to be furnished. 14. Providing for and regulating the delegation by the Authority of its powers, authorities, duties and functions and prescribing the persons to whom a delegation may be made. 15. Prescribing forms to be used for the purposes of this Act and the purposes for which they shall be used. 16. All matters and things relating to Queensland Commercial Fishermen's Organization and local branches and, without limiting the generality of this provision, for or with respect to- (a) the constitution and functions of commercial fishermen's local branches; (b) defining areas in respect of commercial fishermen's local branches; (c) meetings and the conduct of business at meetings of Queensland Commercial Fishermen's Organization and commercial fishermen's local branches; (d) nomination, election, appointment, qualifications, disqualifications, tenure of office, vacation of office, filling of casual vacancies in respect of members of Queensland Commercial Fishermen's Organization and commercial fishermen's local branches; eligibility of persons to become such members; (e) empowering Queensland Commercial Fishermen's Organization with the approval of the Minister, from time to time- (i) to fix the fees, expenses and allowances that may be paid to members of Queensland Commercial Fishermen's Organization and commercial fishermen's local branches; (ii) to make a general levy on commercial fishermen for the purpose of carrying out the functions of Queensland Commercial Fishermen's Organization and commercial fishermen's local branches; (f) the methods of collection and recovery of levies including collection and recovery thereof from persons holding moneys to the credit of persons liable to pay those levies; imposing fines for non-payment of levies or non-payment of moneys by persons holding moneys to the credit of persons liable to pay levies; (g) defining for the purposes of this section marine products to which the fishing industry relates; (h) the common seal of Queensland Commercial Fishermen's Organization; (i) facilitating proof of any matter.

Fishing Industry Organization and Marketing Act 1982, No. 28 555 17. The means by which fish, marine products and other things may be taken pursuant to this Act; the size of vessels and apparatus; the manner, time and place of use of vessels and apparatus in such taking. 18. The farming of fish, processing of fish and the operation of marine products factories, carrying on of oystering operations, recovery of coral, coral limestone, shell-grit, star sand or other marine products; disposal of discarded materials and removal or disposal of improvements and materials on termination of authority under this Act; marks or brands with respect to fish or any bag, package, bottle or other receptacle containing them or any article manufactured from them. 19. The prohibition or regulation and control of the introduction into or removal from the State or removal from one place in the State to another place therein of any fish. 20. The methods to be used for and the manner of measuring the size of fish and oysters or parts thereof, and calculating the size of any fish from a part thereof. 21. The prohibition against possession and use of apparatus or regulation and control thereof; provision for safe use and inspection thereof; materials to be used in the manufacture thereof; the construction, dimensions and description thereof having regard to the purpose for which it is intended to be used and the marking thereof for identification purposes; classification and registration thereof; the prescription of illegal apparatus, regulation and control thereof. 22. The regulation and control of the taking and keeping of fish for scientific purposes. 23. The prohibition against or regulation and control of the carriage on a vessel or vehicle of apparatus in a specified locality of the State or during any season or other period of time. 24. Restriction, regulation and control of the taking of specified fish or fish products; the methods by which, times when, places where they may be taken and the numbers thereof that may be taken; the apparatus that may be used with respect thereto and the manner of its construction and use. 25. All matters required or permitted by this Act to be prescribed where the manner of prescription is not specified. 26. The prescription of penalties for contravention of or failure to comply with the regulations, not exceeding $400 in each case. In the case of a contravention or failure with respect to a marine park, prescription of penalty so that it may include the cost of rectifying damage caused thereto. 27. All matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.

556 Fishing Industry Organization and Marketing Act 1982, No. 28 SECOND SCHEDULE (s. 5) Year and Number of Act Short Title Extent of Repeal 1972 No. 30 .. 1976 No. 58 .. 1976 No. 80 . Fish Supply Manage- ment Act 1972 Fish Supply Manage- ment Act Amendment Act 1976 FisheriesAct1976 The whole The whole Sections 21 and 58 (3); Clause 26 of the Fifth Schedule