Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Fisheries
Legislation Amendment Bill (No. 2) 1999
No.
, 1999
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend
legislation about fisheries, and for related purposes
ISBN: 0642
426619
Contents
A Bill for an Act to amend legislation about fisheries,
and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Fisheries Legislation Amendment Act (No.
2) 1999.
(1) Subject to subsections (2) and (3), this Act commences on the day on
which it receives the Royal Assent.
(2) Subject to subsection (3), the items of Schedules 1 and 2 commence on
a day or days to be fixed by Proclamation.
(3) If an item of Schedule 1 or 2 has not commenced within the period of 6
months beginning on the day on which this Act receives the Royal Assent, it
commences on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Paragraph 7(da)
Repeal the paragraph, substitute:
(da) to manage and carry out:
(i) programs referred to in paragraphs (b) and (d) that are devised by the
Authority; and
(ii) programs of a similar nature that are devised by other persons or
bodies;
2 After paragraph 7(e)
Insert:
(ea) to make arrangements in relation to the placement of persons as
observers on board foreign fishing boats operating, or intended to operate,
outside the Australian fishing zone if such placements are consistent with
Australia’s international obligations;
3 At the end of section 87
Add:
(3) Despite subsection (1), the Authority is liable to pay fringe benefits
tax in respect of fringe benefits provided by the Authority on or after the date
of commencement of this subsection.
(4) In subsection (3):
fringe benefit means a fringe benefit as defined by
subsection 136(1) of the Fringe Benefits Tax Assessment Act
1986.
fringe benefits tax means tax payable under the Fringe
Benefits Tax Assessment Act 1986.
provide, in relation to a fringe benefit, includes allow,
confer, give, grant or perform the benefit.
1 After section 8
Insert:
(1) The regulations may:
(a) provide for the placement of persons as observers on board foreign
fishing boats that will be, or are, operating outside the AFZ; and
(b) set out the functions, powers and duties of persons so
placed.
(2) Without otherwise limiting the generality of subsection (1):
(a) a person may be so placed only if the placement is authorised under a
regional arrangement, or a bilateral or multilateral treaty, to which Australia,
or a body acting on behalf of Australia, is a party; and
(b) the functions, powers and duties conferred or imposed on persons so
placed must be consistent with the terms of that arrangement or
treaty.
(3) In this section:
foreign fishing boat means a foreign boat that is equipped
for fishing.
2 Paragraph 14(2)(c)
After “by-catches”, insert “, and the making of returns
in relation to by-catches taken”.
3 Subsection 15(3)
Omit “or” (second occurring).
4 At the end of subsection
17(1A)
Add:
While a determination under this subsection is in force, AFMA is not
required to determine a plan of management for a fishery.
5 After subsection 17(1A)
Insert:
(1AB) If, at any time after making a determination under subsection (1A)
that a plan of management is not warranted for a particular fishery, AFMA ceases
to be of the view, AFMA may make a further determination revoking the
determination under subsection (1A).
6 Subsection 17(1B)
Omit “subsection (1)”, substitute “subsection
(1A)”.
7 Subsection 17(6D)
Repeal the subsection, substitute:
(6D) A plan of management for a fishery must contain measures directed at
reducing to a minimum:
(a) the incidental catch of fish not taken under and in accordance with
that plan; and
(b) the incidental catch of other species.
8 Subsection 17A(1)
After “notified of”, insert “, or of determinations
affecting the preparation of,”.
9 Paragraph 94(4)(d)
Repeal the paragraph, substitute:
(d) is authority for entry to the specified port on such number of
occasions as is specified in the permit.
10 Subsection 94(8) (definition of foreign
fishing boat)
Repeal the definition, substitute:
foreign fishing boat means a foreign boat:
(a) that is equipped for fishing; or
(b) that AFMA has reasonable grounds to believe is being used, or is
intended to be used, in activities in support of fishing by foreign
boats.
11 Paragraph 95(1)(d)
After “scientific permit”, insert “, fish receiver
permit, port permit”.
12 Paragraph 95(1)(e)
Omit “or scientific permit” (first occurring), substitute
“scientific permit, fish receiver permit or port permit”.
13 Paragraph 95(1)(e)
Omit “or scientific permit” (second occurring), substitute
“or permit”.
14 Paragraph 95(1)(f)
Omit “or scientific permit” (first occurring), substitute
“, scientific permit, fish receiver permit or port
permit”.
15 Paragraph 95(1)(f)
Omit “or scientific permit” (second occurring), substitute
“or permit”.
16 At the end of subsection
95(1)
Add:
; or (g) make or purport to make a record, or furnish or purport to
furnish a return, relating to a matter specified in section 42 knowing that the
record or return contains a statement in respect of that matter that is false or
misleading in a material particular.
17 Saving provisions
(1) For the purposes of any proceedings for a contravention referred to in
paragraph 95(1)(d) of the Fisheries Management Act 1991 that are
commenced, but not completed, before the amendment of that paragraph made by
this Act, that paragraph continues in force as if that amendment had not been
made.
(2) For the purposes of any proceedings for a contravention referred to in
paragraph 95(1)(e) or (f) of the Fisheries Management Act 1991 that are
commenced, but not completed, before the amendments of that paragraph made by
this Act, that paragraph continues in force as if those amendments had not been
made.
18 At the end of section 98
Add:
(4) A period determined under subsection (1) or stated in an order
suspending the operation of a fishing concession made under subsection
(3):
(a) may commence at the time of the making of the determination or order,
or at a later time, as specified by the court; and
(b) may exclude any period that the court identifies as not counting
towards the period so determined or ordered.
19 At the end of subsection
101(1)
Add:
; or (e) the use of the boat for scientific research purposes in that area
is authorised under a scientific permit.
20 At the end of subsection
101A(4)
Add:
; or (e) the use of the boat for scientific research purposes in that area
is authorised under a scientific permit.
21 Subsection 102(6) (definition of foreign
fishing boat)
Repeal the definition, substitute:
foreign fishing boat means a foreign boat:
(a) that is equipped for fishing; or
(b) that AFMA has reasonable grounds to believe is being used, or is
intended to be used, in activities in support of fishing by foreign
boats.
22 Subsection 106(1)
After “mentioned in subsection (2)”, insert “or
(2A)”.
23 After subsection 106(2)
Insert:
(2A) If a court convicts a person:
(a) of an offence against paragraph 95(1)(g) of this Act; or
(b) of an offence against section 136.1, 137.1 or 137.2 of the Criminal
Code that relates to this Act;
in respect of a record made or purported to be made, or a return furnished
or purported to be furnished, under section 42 of this Act, the court may order
the forfeiture of all or any of the following:
(c) if the record or return related, in whole or in part, to the taking,
carrying, transhipping or processing of fish—any boat employed in the
taking, carrying, transhipping or processing of that fish;
(d) if the record or return related, in whole or in part, to the taking or
processing of fish—any net, trap or equipment on board a boat employed in
that taking or processing for purposes related to that taking or
processing;
(e) if the record or return related, in whole or in part, to the taking,
carrying, transhipping or processing of fish—any fish on board a boat
employed in that taking, carrying, transhipping or processing that were, or
should have been, covered by the record or return;
(f) if the record or return related, in whole or in part, to the taking,
carrying, transhipping or processing of fish—the proceeds of the sale of
any fish that were, or should have been, covered by the record or
return.
24 Paragraph 168(2)(a)
Omit “10 penalty units”, substitute “25 penalty
units”.
25 Paragraph 168(2)(i)
Omit “or regulations”, substitute “or 95 or
regulations”.
26 Paragraph 168(2)(r)
Omit “officers”, substitute
“persons”.