Fisheries Act 1959

Legislation au C1959A00048 Not in force Act

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FISHERIES.

 

No. 48 of 1959.

An Act to amend the Fisheries Act 19521956.

[Assented to 22nd May, 1959.]

[Date of commencement, 19th June, 1959.]

BE it enacted by the Queens Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.(1.) This Act may be cited as the Fisheries Act 1959.

(2.) The Fisheries Act 19521956 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Fisheries Act 19521959.


2. Section three of the Principal Act is repealed and the following section inserted in its stead:—

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary (Sections 15).

Part II.—Administration (Section 6).

Part III.—Regulation of Fisheries (Sections 710).

Part IV.—Research and Development (Sections 1112).

Part V.—Miscellaneous (Sections 1317)..

Definitions.

3. Section four of the Principal Act is amended by omitting the definition of the Secretary and inserting in its stead the following definition:—

“‘the Secretary means the Secretary to the Department of Primary Industry;.

Regulation of fishing.

4. Section eight of the Principal Act is amended—

(a) by omitting from sub-section (1.) the words of a species (wherever occurring) and inserting in their stead the words included in a class of fish; and

(b) by adding at the end thereof the following sub-sections:—

(3.) Without limiting the generality of the power conferred by sub-section (1.) of this section to prohibit the taking of fish included in a class of fish, that power extends to prohibiting, in the case of crayfish, the taking of female crayfish having eggs or spawn attached to them.

(4.) In a notice under paragraph (b) of subsection (1.) of this section, the Minister may also prohibit the cutting up or dismembering, on a boat in proclaimed waters, or in the area of proclaimed waters, as the case may be, of the fish, or of the fish included in the class of fish, specified in the notice that are taken from proclaimed waters, or from the area of proclaimed waters, as the case may be..

Offences.

5. Section thirteen of the Principal Act is amended—

(a) by inserting in paragraph (a), after the word fish, the words, whether on his own account or as the partner, agent or employee of another person,;

(b) by inserting after paragraph (b) the following paragraph:—

(ba) in an area of proclaimed waters, have a fish in his possession or under his control in a boat at a time when the taking of the fish in that area is prohibited by a notice in force under section eight of this Act;;

(c) by inserting after the word taken the words , cut up or dismembered; and


(d) by adding at the end thereof the following sub-section:—

(2.) It is a defence to a prosecution for an offence against paragraph (ba) of the last preceding sub-section if the person charged satisfies the court—

(a) that the fish was not taken, caught or captured for trading or manufacturing purposes;

(b) that the fish was not taken, caught or captured in the area of proclaimed waters; or

(c) that, if the fish was taken, caught or captured in the area of proclaimed waters, the taking, catching or capturing of the fish was not in contravention of this Act..

6. After section thirteen of the Principal Act the following section is inserted:—

Removing fish from traps, &c.

13a. A person shall not, in an area of proclaimed waters, remove a fish from a net, trap or other equipment registered under this Act for use in the taking of fish in that area unless he is the person to whom registration of the net, trap or other equipment was granted or is acting with the authority of that person.

Penalty: One hundred pounds or imprisonment for six months..

7. Section sixteen of the Principal Act is repealed and the following section inserted in its stead:—

Evidence.

16. Where, in proceedings for an offence against this Act or the regulations—

(a) an officer gives evidence that he suspects that fish to which the charge relates were taken in proclaimed waters or in a particular area of proclaimed waters or were taken for trading or manufacturing purposes, together with evidence of the grounds on which he so suspects; and

(b) the court considers that, having regard to that evidence, the suspicion is reasonable,

the fish shall, in the absence of proof to the contrary, be deemed to have been so taken..

Regulations.

8. Section seventeen of the Principal Act is amended by omitting paragraph (c) and inserting in its stead the following paragraph:—

(c) for providing for the marking of boats licensed under this Act and of nets, traps and other equipment registered under this Act;.

Overview

The Fisheries Act 1959, enacted on 22 May 1959 and commenced on 19 June 1959, was brought into being to amend the Fisheries Act 1952–1956, thereby addressing certain legislative gaps and enhancing the regulation of fisheries within Australia. The Act was enacted by the Parliament of Australia, with a clear policy objective to provide more comprehensive and effective regulation of fishing activities, including the introduction of new prohibitions and penalties for certain practices. The Act aims to provide better control over fishing activities, particularly in proclaimed waters, and includes measures for the administration, regulation, research, and development related to fisheries, while also updating definitions and penalties to reflect contemporary needs and practices.

Scope and Application

The Fisheries Act 1959 applies to individuals and entities involved in fishing activities, including the taking, possession, and control of fish within proclaimed waters in Australia. It governs the regulation of fisheries, the administration of the Act, and the enforcement of related offences, extending across all Commonwealth waters. The Act provides authority to the Secretary to the Department of Primary Industry to administer and enforce its provisions. It also empowers the Minister to issue notices prohibiting the taking of specific classes of fish, including female crayfish with eggs or spawn, and to prohibit the cutting up or dismembering of fish on boats in proclaimed waters. The Act extends its application through subordinate regulations that may provide for the marking of boats and equipment used in fishing. Certain defences are available to those charged with offences under the Act, such as demonstrating that the fish were not taken for trading or manufacturing purposes or were not taken in proclaimed waters. The Act does not explicitly state any exclusions, exemptions, or thresholds, but it allows for the creation of such provisions through regulations.

Key Provisions

The Fisheries Act 1959 introduces several key provisions that amend and expand upon the existing Fisheries Act 1952–1956. Firstly, the Act redefines the term “the Secretary” to mean the Secretary to the Department of Primary Industry (Section 3). This change ensures that the administration of the Act falls under the Department of Primary Industry. The Act also revises the regulation of fishing by allowing the Minister to prohibit the taking of fish included in a class of fish, with an explicit inclusion of prohibiting the taking of female crayfish with eggs or spawn (Section 4). Additionally, the Act permits the Minister to prohibit the cutting up or dismembering of fish on a boat in proclaimed waters (Section 4). The Act imposes several obligations on the parties it governs. It requires that the Secretary be the designated authority under the Act, streamlining the administrative process (Section 3). Furthermore, the Minister has the authority to issue notices prohibiting the taking of certain fish and the dismembering of fish in proclaimed waters (Section 4). Persons engaged in fishing must ensure compliance with these notices, which includes not removing fish from registered equipment unless they are the registered owner or acting with the owner's authority (Section 4 and 13a). Breaches of the Act carry specific penalties and consequences. The Act outlines several offences, including taking, possessing, or cutting up fish in prohibited areas or in contravention of a notice (Section 5). The penalties for these offences can include fines of up to one hundred pounds or imprisonment for six months (Section 5 and 13a). There are also defences available if the accused can prove that the fish were not taken for trading or manufacturing purposes, were not taken in proclaimed waters, or that the taking did not contravene the Act (Section 5(2)). Additionally, the Act includes provisions for the presumption of guilt based on reasonable suspicion in the absence of contrary proof (Section 16).

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