Fishing Industry Organization and Marketing Act Amendment Act 1983 (Qld)

165 Qilrenolanb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1983 An Act To amend the Fishing Industry Organization andMarketingAct 1982 in certain particulars [ASSENTED TO 19TH APRIL, 1983]

166 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 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:- 1. Short title . This Act may be cited as the Fishing Industry Organization and Marketing Act Amendment Act 1983. 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 one Proclamation or in different Proclamations. Except as provided in subsection (1), this Act 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. Principal Act and citation as amended . (1) In this Act the FishingIndustry Organization and Marketing Act1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Fishing Industry Organization and Marketing Act1982-1983. 4. Amendment of s. 4 . Arrangement of Act. Section 4 of the Principal Act is amended by inserting after the words " Division III-Powers of Inspection and the Regulation of Marketing of Fish; " the words " PART IIA-FISH PROMOTION ADVISORY COMMITTEE (ss. 45B-45F) ". 5. Amendment of s. 5. Repeals and savings . Section 5 of the Principal Act is amended by- (a) in subsection (1) inserting after the words " therein specified " the words ", the provisions repealed by this subsection being in this Act referred to as " the repealed provisions " "; (b) in subsection (2)- (i) inserting after provision (b) the following provision:- " (ba) A person who at the commencement of this Act holds an office or position to which he was appointed under and for the purpose of the repealed provisions shall continue to hold that office or position or the corresponding office or position under and for the purposes of this Act until he vacates or is lawfully removed from that office or position and when such office or position has been held immediately prior to the commencement of

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 167 this Act under, subject to and in accordance with the PublicServiceAct1922-1978, the same or the corresponding office position shall be and continue to be held under, subject to and in accordance with such lastmentioned Act."; (ii) inserting in provision (e) after, the words " FishSupplyManagement Act1972-1976 " the words " or the Fisheries Act1976-1982 ". 6. Amendment of s. 6 . Interpretation . Section 6 of the Principal Act is amended by in subsection (1)- (a) inserting before the definition "Appeals Tribunal " the following definition:- " aappparatus " means any net, dilly, crab pot, crayfish pot, dredge, implement, gear, equipment, contrivance, device, trap, spear or spear-gun used or capable of being used to take any fish or a part of any of those things, and any hook, rod, line or underwater breathing equipment whether or not self- contained;"; (b) inserting after the definition " Appeals Tribunal " the following definitions :- " " aquaculture " means the keeping or rearing in or on any place of live fish for subsequent sale for human consumption or for processing purposes; " assistant fisherman " means a person who is the holder of an assistant fisherman's licence under this Act;"; (c) inserting after the definition " chairman " the following definitions:- ""commercial buyer " means a person who is the holder of a commercial buyer's licence under this Act; " commercial fishing vessel " means a fishing vessel licensed under this Act as a commercial fishing vessel;"; (d) inserting after the definition " community " the following definitions:- " commmuunniittyy fisherman " means a person who is the holder of a community fisherman's licence under this Act; " community fishing vessel " means a fishing vessel licensed under this Act as a community fishing vessel;"; (e) inserting after the definition " district " the following definition:- ennttiittlleemmeennt t " with respect to fish, means an interest in such fish either as owner thereof, whether solely or jointly, or by virtue of a profit-sharing agreement or of an agreement of a like nature with respect to those fish;"; (f) omitting the definition " fish " and substituting the following definition:- " fiisshh " means every species of animal that throughout its life usually lives in water (either fresh water or salt water), in or on the foreshores or in or on land under water and includes

168 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 any part of such animal and the spat , spawn and eggs thereof: the term includes- (a) prawns , crayfish, rock lobster, crabs and scallops; (b) filleted , frozen , preserved, salted or cooked fish; (c) fish products; (d) 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 declared to be a fish for the purposes of any provision of this Act by Order in Council, but does not include freshwater and saltwater fish that are normally used for aquarium purposes."; (g) inserting after the definition " fish " the following definitions :- " " fish products " means- (a) when intended as a food for human consumption- (i) a food of man that contains not less than 51 per cent of fish; (ii) a food of man, which is labelled with its ingredients in accordance with the Food Standard Regulations 1982 made under the Food Act1981, of which the first ingredient is expressed to be fish; (b) when intended as a fertilizer or stock food, any fertilizer or stock food made wholly or partially from fish; " fishing vessel " means a vessel that is equipped for or used in taking fish for a commercial purpose; " foreshore " means those parts of the bed, banks, shore, shoals, reefs and other land of or in Queensland waters that lie between high water and low water; " fresh water " means all Queensland waters other than tidal waters ; " high water " means the height of the higher high water at spring tides;"; (h) inserting after the definition " holder " the following definition:- " " in possession " includes having under control in any place, whether for the use or benefit of the person of whom the term is used or of another person , and although another person has the actual possession or custody of the thing in question;"; (i) inserting after the definition " Local Authority " the following definitions:- " low water " means the height of the lower low water at spring tides; " marine product " includes all forms of indigenous plant life and animal life and includes trochus, green snail , coral, coral limestone , shell grit and star sand;";

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 169 (j) inserting after the definition " market " the following definition:- " " master fisherman " means a person who is the holder of a master fisherman's licence under this Act;"; (k) inserting after the definition " Minister " the following definitions:- 64 " net " means a fabric of rope, cord, twine, nylon or other material knotted, woven or joined into meshes and fitted in such manner as to be capable of being used to take fish and includes all tackle or equipment provided for use or used in connexion therewith ; " noxious substance " means a substance- (a) that is harmful to any fish found in Queensland waters; (b) that, if introduced in Queensland waters, is likely to produce conditions harmful to any fish therein; or (c) that is prescribed by the regulations to be a noxious substance; " owner " used in relation to a vessel includes a part owner and a lessee or charterer thereof and, in the case of ownership by a body corporate, includes the managing director, manager, secretary or other governing officer by whatever name called, of that body corporate; " oyster " means a mollusc of the family Ostreidae and includes an oyster without its shell; (1) omitting the definition " processor " and substituting the following definition:- " procceessssoorr " means a person who is the holder of a processor's licence under this Act;"; (m) inserting after the definition " purchase " the following definition:- " restricted buyer " means a person who is the holder of a restricted buyer's licence under this Act;"; (n) inserting after the definition " sale " the following definitions:- " take " in relation to fish includes fish for, remove, gather, catch, capture, kill, destroy, dredge for, raise, collect, carry away or obtain by any means from water, land under water or the foreshore, or land (either from a vessel or otherwise), bring ashore or transfer from one fishing vessel to another fishing vessel or attempt, cause or permit any of those acts; " tidal waters " means all Queensland waters that are subjected to tidal influence;"; (o) in the definition " treat "- (i) omitting the words " and packing "; (ii) inserting after the word and expression " sorting," the words " freezing , thawing and "; (p) in the definition " vehicle " inserting after the word " any " the word and expression " vessel,".

170 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 7. Amendment of s. 8 . Administration of Act. Section 8 of the Principal Act is amended by- (a) inserting after the note in and at the commencement of the section the expression "(1)"; (b) inserting after subsection (1) the following subsections:- " (2) The Minister may, either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate- (a) to any person; (b) to the holder of an office specifying the title but not the name of the holder for the time being of that office, all or any of his powers, authorities, functions or duties under this Act except this power of delegation. (3) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (4) A delegation may be made subject to such terms or limitations as the Minister thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, authority, function or duty. (5) The Minister may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as he considers necessary or desirable. (6) A delegation is revocable at the will of the Minister and does not prevent the exercise of a power or authority or the performance of a function or duty by him.". 8. Amendment of s. 10 . Members of Authority. Section 10 of the Principal Act is amended by in subsection (1) inserting in provision (g) after the expression " 1981 " the words " nominated by the Minister from a panel or panels of names submitted in the prescribed manner by the prescribed bodies or persons". 9. Amendment of s. 23. Appointment of officers and other employees. Section 23 of the Principal Act is amended by- (a) in subsection (1) omitting the words " appoint and "; (b) omitting subsections (2) and (3) and substituting the following subsections:- " (2) The Governor in Council may with the recommendation of the Authority appoint persons in the positions of Secretary, Senior Administration Officer and Research Officer of the Authority. (3) The Authority 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. (4) Persons employed in accordance with this section shall be paid salary or wages at the rate fixed by an industrial award

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 171 or agreement applicable to their employment, or if there is no such award or agreement, at a rate fixed by the Public Service Board constituted under the Public Service Act1922-1978.". 10. Amendment of s. 24 . Superannuation scheme. Section 24 of the Principal Act is amended by in subsection (a) omitting the words " as it thinks fit " and substituting the words " as approved by the Governor in Council ". 11. New s. 27A. The Principal Act is amended by inserting after section 27 the following section:- " 27A. Power of delegation by Authority. (1) The Authority may, either generally or otherwise as provided by any instrument of delegation, by writing signed by the chairman delegate to- (a) any person; or (b) the holder of an office specifying the title but not the name of the holder for the time being of that office, all or any of the powers, authorities, functions or duties of the Authority under this Act except this power of delegation. (2) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms or limitations as the Authority thinks fit including a requirement that the delegate shall report to the Authority upon the exercise or performance of the delegated power, authority, function or duty. (4) The Authority may make such and so many delegations of the same power, authority, function or duty and to such number of persons or holders of office as it considers necessary or desirable. (5) A delegation is revocable at the will of the Authority and does not prevent the exercise of a power or authority or the performance of a function or duty by the Authority.". 12. Amendment of s. 31 . Licences . Section 31 of the Principal Act is amended by in subsection (3), in subparagraph (h), omitting provision (ii) and substituting the following provisions:- "(ii) in the case of a licence issued pursuant to subparagraph (a), (b) or (c) of subsection (1) be transferred; (iii) in the case of a licence issued pursuant to subparagraph (g) of subsection (1) be transferred after an inspector has sighted the vessel to which the licence applies and confirmed it to be the relevant vessel;".

172 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 13. Repeal of and new s. 32. Registration of fish transport vehicles. The Principal Act is amended by repealing section 32 and substituting the following section:- " 32. Registration of fish transport vehicles. (1) The Authority may, subject to such conditions as may be prescribed, register vehicles for the purpose of and in connexion with the transportation of fish for a commercial purpose. (2) A certificate of registration 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 subje-.t 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 and 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 amended, altered, varied or otherwise modified by the Authority during the currency thereof. (3) Any such registration may be- (a) transferred or renewed; or (b) cancelled or suspended for any contravention of or failure to comply with any provisions of this Act or any condition endorsed on or attached to a licence. (4) Different provisions and conditions may be made or imposed as prescribed with respect to registration of different classes of vehicles used for those purposes.". 14. New s. 32A. The Principal Act is amended by inserting after section 32 the following section:- " 32A. Registration of premises . (1) The Authority may, subject to such conditions as may be prescribed, register premises which premises are used by the holder of a processor's licence or a commercial buyer's licence for the purposes of and in connexion with examining or treating fish for a commercial purpose. (2) A certificate of registration 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

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 173 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, transferred or surrendered; (h) may be 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; (i) may be amended, altered, varied or otherwise modified by the Authority during the currency thereof. (3) Different provisions and conditions may be made or imposed as prescribed with respect to the registration of different classes of premises used for those purposes.". 15. Amendment of s. 34. Cancellation , revocation or suspension of licence. Section 34 of the Principal Act is amended by adding after subsection (4) the following subsection:- (5) Where- (a) pursuant to section 31 (3) (d) a licence is issued subject to a restriction prohibiting the licence holder from purchasing fish from a person other than specified licence holders; and (b) the licence holder is charged with an offence of contravening or failing to comply with a restriction of that licence, it shall be a defence in relation to that charge for that licence holder to produce satisfactory evidence that the fish were purchased in good faith from a person who is the holder of- (c) a processor's licence; (d) a commercial buyer's licence; (e) a master fisherman's licence with respect to fish to which the firstmentioned licence holder has an interest; (f) a community fisherman's licence with respect to fish taken on behalf of the community to which that licence relates; (g) a commercial fishing vessel licence issued under section 31 (1) with respect to fish taken on that vessel; or (h) the holders of a permit issued under section 35, or that the fish were obtained from a Board auction or the Board or that they were lawfully imported into the State from a country other than Australia.".

174 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 16. New ss. 34A and 34B. The Principal Act is amended by inserting after section 34 the following sections:- " 34A. Prohibition in respect of acquiring or holding interest etc. An inspector shall not- (a) acquire or hold an interest in a licence, permit, certificate or other authority granted and issued under this Act; or (b) enter into a contract or agreement with respect to taking or rearing fish for a commercial purpose. 34B. Right of entry upon land . A person to whom is granted or who holds a licence, permit, certificate or other authority under this Act has no right of entry upon land held by another person unless that right of entry is expressly given or provided for by or pursuant to the provisions of this Act.". 17. Amendment of s. 35. Power to permit the taking of fish for sale. Section 35 of the Principal Act is amended by omitting from the note appearing in and at the commencement of that section the words " taking of fish for sale " and substituting the words " sale of fish surplus to personal requirements ". 18. New ss. 35A and 35B. The Principal Act is amended by inserting after section 35 the following sections:- " 35A. Power to permit the taking or keeping of fish for particular purposes and the sale thereof . (1) The Authority may, by writing signed by the chairman, permit- (a) the taking of fish; (b) the keeping of fish in or on any place, for the purpose of undertaking research on those fish or removing those fish to stock other waters or for such other purposes as the Authority in any particular case specifies and may permit the use of apparatus and vessels as prescribed for those purposes. (2) (a) The Authority may, by writing signed by the chairman, permit- (i) the taking of fish for aquaculture purposes; or (ii) the keeping or rearing of fish for aquaculture purposes; or (iii) the sale of fish kept or reared for aquaculture purposes, and may permit the use of apparatus and vessels as prescribed for those purposes. (b) For the purposes of this subsection, the Authority, with the approval of the Minister may cause to be marked off in Queensland waters as many portions of land lying below high water as it thinks fit. (c) Save for the purposes of carrying out works authorized by any Act or by any lawfully constituted authority or for the purpose of navigation including navigation in relation to anchorage, a person shall not- (i) enter upon, interfere with or disturb in any way;

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 175 (ii) take fish from; (iii) dredge for or deposit, ballast or other substance in; or (iv) drag or set up any apparatus in, an area the subject of a permit pursuant to this subsection. (d) Fish taken or kept under the authority or a permit under this subsection are the property of the holder. (3) (a) An application for a permit under this section shall be made to the Authority in the prescribed form and the applicant shall comply with all conditions prescribed by the regulations. (b) The Authority shall consider each application and may grant or refuse it. (c) When an application is granted pursuant to this section the Authority shall cause to be issued in respect thereof a permit. (4) 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, whether within a particular area or otherwise in respect thereof; (d) shall be subject to such terms, conditions or restrictions as are prescribed and to such further terms, conditions or restrictions as the Governor in Council or the Minister in a particular case thinks fit, inserted therein or endorsed thereon; (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 be in force- (i) for the period stated or endorsed on the permit; or (ii) where provision (i) does not apply, for the period prescribed ; (g) may be revoked at any time; (h) may be renewed. (5) 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. (6) Upon the revocation or expiration of a permit granted under this section, the Authority may give such directions as to the disposal of fish taken or kept thereunder as it considers appropriate.". 35B. Aquaculture offences. (1) A person shall not take any fish for aquaculture purposes except where he is the holder of a permit pursuant to this Act.

176 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 (2) Except where he is the holder of a permit pursuant to this Act, a person shall not keep or rear, in or on any place, any fish for aquaculture purposes. (3) Except where he is the holder of a permit pursuant to this Act, a person shall not sell any fish that has been kept or reared for aquaculture purposes. Penalty: $1000.". 19. Amendment of s. 36. Offences. Section 36 of the Principal Act is amended by- (a) omitting from subsection (1) the words "A person shall " and substituting the words " Subject to subsection (IA) a person shall "; (b) inserting after the words " Penalty: $5 000 " where they appear at the foot of subsection (1), the following subsection:- "(IA) The provisions of subsection (1) do not apply to- (a) a person engaged in preparing fish or fish products for immediate consumption either on the premises or otherwise; (b) the holder of a master fisherman's licence, a community fisherman's licence or a commercial fishing vessel licence issued under this Act with respect to the freezing, refrigerating, cleaning, filleting, sorting, salting or cooking of fish where those processes are carried out on a vessel or at a place appointed by the Authority and noted on that licence and where those fish- (i) are taken by that licence holder or on his behalf otherwise than in contravention of this Act; and (ii) are intended for sale to a processor, a commercial buyer or, in the case where the licence is endorsed with specific authority so to do, to a restricted buyer; or (c) the holder of a commercial buyer's licence or a restricted buyer's licence issued under this Act with respect to the refrigeration, thawing or sorting of fish."; (c) omitting subsection (2) and substituting the following subsection "(2) A person shall not- (a) carry on the business of a commercial buyer of fish; or (b) act in the capacity of an agent, factor or broker in commercial transactions in relation to fish, unless he is the holder of a commercial buyer's licence granted and issued under section 31. Penalty: $2 000."; (d) in subsection (3) inserting after the expression " 32 " the words " or in a vehicle approved by the Authority for use in temporary substitution for such registered vehicle (the granting of which approval by the Authority is hereby authorized)";

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 177 (e) in subsection (4), omitting provision (b) and substituting the following provision:- " (b) shall not sell fish taken by him unless he is the holder of a master fisherman's licence, a community fisherman's licence, a permit issued under section 35 or section 35A or a commercial fishing vessel licence with respect to fish taken by that licence holder otherwise than in circumstances which constitute a contravention of or a failure to comply with any of the provisions of this Act; "; (f) adding after subsection (4) the following subsections:- " (5) Subject to subsection (6), a person shall not operate premises for examining or treating fish for a commercial purpose unless- (a) he is the holder of a certificate of registration in respect of those premises; or (b) there is on a licence issued to that person under this Act an endorsement permitting such operation. Penalty: $1000. (6) The provisions of subsection (5) do not apply to- (a) a person who is engaged in preparing fish or fish products for immediate consumption either on the premises or otherwise; or (b) the holder of a master fisherman's licence, a community fisherman's licence or a commercial fishing vessel licence issued under this Act with respect to the freezing, cleaning, filleting, sorting, salting or cooking of fish where those processes are carried out on a vessel or at a place appointed by the Authority and noted on that licence and where those fish- (i) are taken by that licence holder or on his behalf otherwise than in contravention of this Act; and (ii) are intended for sale to a processor, a commercial buyer or, in the case where the licence is endorsed with specific authority so to do, to a restricted buyer.". 20. Amendment of s. 37. Powers of inspectors. Section 37 of the Principal Act is amended by inserting in subsection (1) after subparagraph (o) the following subparagraph:- " (oa) require, by order in writing- (i) a person found by him in possession of a vessel, net or other apparatus or any fish that he, by or under this Act, is authorized to seize, to deliver the same to him or to a third person specified in the order at the place and within the time specified therein; (ii) the holder of a licence under this Act to notify the inspector forthwith upon the arrival of that holder in the port specified in the order of all fish in the possession of that holder;

178 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 (iii) the holder of a licence under this Act who has given to the inspector the notification referred to in provision (ii) of this subparagraph, to produce for inspection, by the inspector or by another person nominated by the inspector and specified in the notice, such fish notified. as being in the possession of the holder as are specified in the order; (iv) a person in charge of a vessel to permit him to use that vessel and any engine, oar, paddle or rowlock therein or thereon for the purpose of exercising any power or performing any function or duty conferred or imposed upon him by or under this Act.". 21. New s. 38A. The Principal Act is amended by inserting after section 38 the following section:- " 38A. Disposal of vessel , vehicle and things seized . (1) Any vessel, vehicle or other conveyance- net, apparatus or other thing of any kind lawfully seized under this Act may be retained for a period of 12 months, unless- (a) it is sooner established to the satisfaction of the Minister that, at the time of seizure and retention, no offence against this Act in relation to the thing seized has been committed, in which case the thing seized shall be returned in the manner prescribed to the person from whom it was taken; or (b) within that period proceedings for an offence have been instituted in which proceedings the thing seized may be used as evidence, in which case, if those proceedings have not been finally determined within that period, the thing seized may be retained until the final determination of those proceedings. (2) Where a vessel, vehicle or other conveyance, net, apparatus or other thing has been seized by an inspector in the exercise of his powers under this Act, the Minister may, upon the application of the owner, and upon proof to the Minister's satisfaction that retention of that vessel, vehicle, conveyance, net, apparatus or other thing would impose severe hardship, order that the thing seized be returned forthwith to the owner upon such terms or conditions as the Minister determines and the owner shall comply with every term or condition so determined. (3) Where a person is convicted of an offence against this Act, the court may order that any vessel, vehicle or other conveyance, net, apparatus or other thing of any kind in respect of which the offence was committed be forfeited to the Crown and thereupon the thing so ordered to be forfeited shall be forfeited to the Crown. (4) Notwithstanding this Act, the Minister may order that any thing seized under this Act be forfeited to the Crown though proceedings have not been taken for, nor any person convicted of, an offence against this Act in respect of that thing.

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 179 (5) Subject to this Act, any thing forfeited to the Crown under this Act shall be dealt with or disposed of in such manner as the Minister directs. (6) A forfeiture, dealing with or disposal of any thing under this section shall not confer upon any person a right to compensation.". 22. Repeal of and new s. 41. Offences . The Principal Act is amended by repealing section 41 and substituting the following section:- " 41. Offences . (1) A person shall not 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. Penalty: $1000 or six months imprisonment or both such fine and such imprisonment. (2) A person shall not prevent a person from appearing before or being questioned by an inspector or attempt so to do. (3) A person shall not 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. (4) A person shall not 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. (5) A person shall not fail to comply with a lawful requirement or order of an inspector or any part thereof. (6) A person shall not fail without reasonable excuse to produce a licence, permit, certificate, book, account, docket, 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, account, docket, record, list, document or writing. (7) A person shall not 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. (8) A person shall not 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. (9) A person shall not 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.

180 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 (10) A person shall not when required by an inspector to give information for the purposes of this Act- (a) fail to give information within his knowledge or means of knowledge; or (b) give information that to his knowledge is false in a material particular. (11) A' person shall not contravene or fail to comply with any term, condition or restriction of any licence or permit. (12) A person shall not 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. (13) A person shall not 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. Penalty : for an offence to which this section (other than subsection (1)) relates, $1 000.". 23. Amendment of s. 43. Disposal of fish . Section 43 of the Principal Act is amended by in subsection (2) omitting from subparagraph (d) the word " than " where it secondly occurs. 24. New section 45A. The Principal Act is amended by inserting after section 45 the following section:- " 45A. Prohibition of use of explosive , firearm, noxious substance or electrical device for taking fish. (1) A person shall not, save with the permission in writing of the Authority first had and obtained, in Queensland waters, use or have on board a vessel any explosive, explosive propelled missile, firearm or noxious substance with intent to take any fish or whereby any fish may be injured or destroyed. Penalty : $1 000. (2) A person shall not, save with the permission in writing of the Authority first had and obtained or as prescribed by the regulations, use a firearm, power-head or like device to take any fish or be in possession of any fish taken by the use of a firearm, power-head or like device. Penalty : $1 000. (3) Subsections (1) and (2) do not apply to a firearm carried on board a vessel for the purpose of killing sharks or to a power- head attached to a hand-propelled spear (other than a spear capable of being propelled by a spear-gun) that is used solely or intended for use solely in defence against an attack by a shark.

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 181 (4) A person shall not, save with the permission in writing of the Authority first had and obtained or as prescribed by the regulations, use, for the purpose of taking any fish, a device that creates an electric field in the water or on the foreshore. (5) An inspector may require a person found at any time by him keeping any explosive, explosive-propelled missile, firearm, noxious substance, power-head or any device that creates an electric field in the water or on the foreshore to furnish to the Authority within such time . as is prescribed proof that a thing specified in this subsection and being kept by him is being kept otherwise than in contravention of this Act.". 25. New Part IIA and ss. 45B to 45F. The Principal Act is amended by inserting after section 45A the following heading and sections:- PART 11A-FISH PROMOTION ADVISORY COMMITTEE 45B. Interpretation . In this Part, save where a contrary intention appears- " Chairman " means the Chairman of the Authority; " chairman " means the chairman of the Committee; " Committee " means the Fish Promotion Advisory Committee established pursuant to the provisions of this Act; " Fund " means the Fish Promotion Fund established under this Part of this Act. 45C. Fish Promotion Advisory Committee . (1) For the purposes of this Act, the Minister may establish and maintain a Committee to be called the " Fish Promotion Advisory Committee ". (2) The Committee shall consist of the Chairman of the Authority for the time being, who shall be chairman of the Committee, and not less than four nor more than seven other members. (3) Members of the Committee other than the chairman shall be appointed by the Governor in Council by notification published in the Gazette upon the nomination of the Minister after consultation with such bodies and persons engaged in or connected with the fishing industry as the Minister thinks fit. (4) A member of the Committee other than the chairman shall hold office for a term of three 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. (5) The Committee shall be constituted on and from the date of the first appointment of the members thereof. (6) The appointment of a member of the Committee is not invalidated and shall not be called into question by reason only of a defect or irregularity in his nomination.

182 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. ' 16 (7) The exercise of a power or the performance of a function of the Committee is not invalidated or made unlawful by reason only of there being a vacancy in the membership of the Committee. (8) Where a vacancy occurs in the membership of the Committee during the term of office of members then constituting the Committee, the ^ Governor in Council may appoint another qualified person as a member in accordance with this section. (9) A , person appointed to fill a casual vacancy on the membership of the Committee shall be appointed for the balance of the term for which his predecessor was appointed and shall be eligible for re-appointment as a member of the Committee. 45D. Meetings of the Committee . (1) The Committee shall meet at such times and places as are prescribed and so far as not prescribed as the Committee from time to time determines. (2) (a) The chairman shall preside at every meeting of the Committee at which he is present. (b) If the chairman is absent from a meeting of the Committee, a member of the Committee elected by the members present at that meeting from amongst those present (if they constitute a quorum), shall preside. (c) A member of the Committee elected to preside at a meeting thereof, whilst so presiding, should have and may exercise the powers and authorities and shall perform the functions and duties of the chairman. (3) A quorum shall consist of a majority of the total number of members of the Committee for the time being holding office as members and business shall not be conducted at a meeting of the Committee unless a quorum is present. (4) (a) The Committee 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. (b) The chairman has a deliberative vote and also, in the event of an equality of votes on any question, a casting vote. (c) Subject to this Act, the Committee shall conduct its meetings generally and proceedings at meetings as it determines from time to time. 45E. Powers , etc., of the Committee . The Committee shall- (a) initiate and refer to the Authority recommendations with respect to- (i) the exercise of the powers and authorities or the performance of the functions and duties of the Authority with respect to the promotion of fish and the fishing industry; (ii) the administration of, and the amounts to be paid from time to time by, the Authority to the credit of the Fish Promotion Fund;

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 183 (b) consider and advise the Authority on such matters in question , as the Authority may from time to time refer to the Committee concerning- (i) a proposal for the exercise of the powers and authorities or the performance of the functions and duties of the Authority; ( ii) the administration of the Fish Promotion Fund. 45F. Fish Promotion Fund . (1) The Committee shall establish a fund called the " Fish Promotion Fund ". (2) There shall be paid into the Fund such monies as are approved by the Authority. (3) There shall be paid from the Fund such amounts as are necessary for the performance of the powers and exercise of the functions of the Committee specified in section 45E.". 26. Amendment of s. 78 . Superannuation scheme. The Principal Act is amended by in subparagraph (b), omitting the words " as it thinks fit " and substituting the words " as approved by the Governor in Council ". 27. Amendment of s. 104 . Funds and accounts . Section 104 of the Principal Act is amended by, in subsection (2), inserting after the words " time to time requires " the words " pursuant to sections 117A and 117B ". 28. Amendment of s. 108 . Annual report . Section 108 of the Principal Act is amended by- (a) in subsection (1), omitting after the word " after " the words " 30 April and before 1 October " and inserting the words " 30 June "; (b) in subsection (2)- (i) inserting after the word " relate " the words " pursuant to sections 117A and 117B "; (ii) inserting after the word "Assembly " the words " within 14 sitting days from the day on which he receives the report ". 29. Amendment of s. 111 . Disposal of profits. Section 111 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the words " Working Account " and substituting the word " General "; (ii) adding after subsection (2) the following subsection:- " (3) The Board may transfer moneys received by the Board but not forming part of the proceeds of the sale of fish to the General Reserve Fund.".

184 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 30. New ss. 117A and 117B. The Principal Act is amended by inserting after section 117 the following sections:- 117A. Annual Statements of Account. (1) As soon as practicable after 30 June in each year- (a) the Authority; (b) the Board; (c) the Fishing Industry Appeals Tribunal; (d) the Queensland Commercial Fisherman's Organization; (e) the trustees of any superannuation or provident scheme to which this Act relates; and (f) any body constituted under this Act, shall balance its or their accounts and prepare Annual Statements of Account in the form set forth in the prescribed requirements or as may be approved by the Minister concerned on the recommendation of the Auditor-General. (2) Until the Annual Statements of Account have been audited and duly certified pursuant to section 1178, no such statement shall be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister concerned or a person acting in aid of him or a member or officer of the Authority or other body referred to in subsection (1). 117B . Audits. (1) The books and accounts of- (a) the Authority; (b) the Board; (c) the Fishing Industry Appeals Tribunal; (d) the Queensland Commercial Fisherman's Organization; (e) the trustees of any superannuation or provident scheme to which this Act relates; (f) any body constituted under this Act, shall be audited by the Auditor-General who shall have, with respect to such audit, all the powers and authorities conferred on him by the Financial Administration and Audit Act1977-1981. (2) On completion of the audit of the Annual Statements of Account compiled in accordance with the prescribed requirements the Auditor-General shall certify thereon whether or not he has obtained all the information and explanations required by him and whether or not the statements- (a) are in the form set forth in the prescribed requirements; (b) are in agreement with the accounts; and (c) have, in his opinion, been properly drawn up so as to present a true and fair view of the transaction for the financial year in question and, where applicable, the

Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 185 financial position at the end of that year on a basis consistent with that applied in respect of the financial year preceding, and, after such certification, shall deliver such statements to the Authority or, as the case may be, body referred to in subsection (1). (3) The report of the Auditor-General together with the Annual Statements of Account bearing the certificate of the Auditor-General shall be submitted to the Authority or, as the case may be, body referred to in subsection (1) at the first ordinary meeting held after the report becomes available to the chairman or person holding a like office and due consideration shall be given to all recommendations made in the report. (4) Where the Auditor-General is of the opinion that any such recommendations are of major significance, he shall forward a copy of those particular recommendations to the Treasurer and to the Minister.". 31. Amendment of s. 121 . Proceedings for offences . Section 121 of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsections:- " (1) (a) A prosecution for an offence against this Act shall be taken by way of summary proceedings under the Justices Act1886-1981, on complaint by an inspector or other person thereto authorized by the Minister, within 12 months after the offence is committed or within 6 months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. (b) For the purposes of this Act, an inspector or other person authorized by the Minister pursuant to subparagraph (a) shall be deemed to be a public officer for the purposes of section 142A of the Justices Act1886-1981. (2) All amounts of fees and charges of any kind payable under this Act and not paid may be recovered as a debt in a court of competent jurisdiction by action taken by the Authority or Board, as the case may be, through its secretary or by a person appointed in writing by the Authority or Board, as the case may be, in that behalf.". 32. New s. 132A. The Principal Act is amended by inserting after section 132 the following section:- " 132A. Tabling of Orders in Council . Section 28A of the ActsInterpretation Act1954-1977 (Tabling of Regulations) shall apply with respect to Orders in Council made for the purposes of this Act as if those Orders in Council were regulations.". 33. Amendment of s. 133 . Regulations . Section 133 of the Principal Act is amended by adding after subsection (3) the following subsection:- " (4) The regulations may adopt, in whole or in part and either by way of reference or by way of express specifications therein,

186 Fishing Industry Organization and Marketing Act Amendment Act 1983, No. 16 any of the standard rules, codes, specifications or methods relating to the fishing industry of any specified body or institution identified in the regulations.". 34. Amendment of First Schedule. The First Schedule is amended by- (a) inserting after clause 10 the following clause:- " 10A. Providing for the establishment of standards in relation to- (a) the nature, design, construction, maintenance and cleanliness of premises to be used for treating fish; (b) the maintenance of decency and cleanliness of persons, resorting to premises to be used for treating fish; (c) plant, machinery, equipment and apparatus for use in treating fish; (d) determining the composition and quality of fish and fish products ; (e) the setting of grades of fish or of fish products; and (f) the methods of testing for fish quality, composition and wholesomeness."; (b) inserting after clause 24 the following clause:- " 24A. Regulating the harvesting, inspection and transportation of fish within and between specified fish supply districts.".