Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1984 No. 30 of 1984 - SECT 10

10. (1) Section 8 of the Principal Act is amended-

   (a)  by omitting paragraph (1) (a) and substituting the following
        paragraph:



"(a) prohibit the taking, processing or carrying of fish, or fish included in
a class of fish specified in the notice;";

   (b)  by omitting from paragraph (1) (b) ", from an area of proclaimed
        waters,";

   (c)  by omitting from paragraph (1) (c) ", from proclaimed waters or from
        an area of proclaimed waters,";

   (d)  by omitting paragraph (1) (d) and substituting the following
        paragraph:



"(d) prohibit the master of a boat that is included in a class of boats
specified in the notice from having on board the boat a number of persons
greater than a number specified in, or ascertainable as provided in, the
notice for the purpose of engaging in fishing;";

   (e)  by omitting from paragraphs (1) (e) and (f) "in an area of proclaimed
        waters";

   (f)  by omitting from paragraph (1) (g) "in an area of proclaimed waters to
        which a notice under paragraph (f) applies,";

   (g)  by omitting from paragraph (1) (h) ", either at all times or during a
        period specified in the notice,";
  (h)   by omitting from paragraph (1) (h) "in an area of proclaimed waters
specified in the notice"; and

   (j)  by inserting after sub-section (4) the following sub-sections:



"(4A) A notice under sub-section (1) comes into force on the day on which the
notice is published or on such later day as is specified in the notice.



"(4B) A notice under sub-section (1) has effect-

   (a)  if an area of proclaimed waters is specified in the notice as being
        the area in respect of which the notice is to have effect-in that
        area; and

   (b)  in any other case-in any area of proclaimed waters.



"(4C) A prohibition contained in a notice under sub-section (1) has effect-

   (a)  if a period is specified in the notice as being the period during
        which the prohibition is to have effect-during that period; or

   (b)  in any other case-at all times.



"(4D) A notice under sub-section (1) may provide that the activities
prohibited by the notice are activities in respect of which an endorsement may
be made under sub-section 9 (4).



"(4E) Where-

   (a)  a notice under sub-section (1) provides that the activities prohibited
        by the notice are activities in respect of which an endorsement may be
        made under sub-section 9 (4); and

   (b)  an endorsement is made pursuant to sub-section 9 (4) in a licence in
        force in respect of a boat,
the prohibition contained in that notice under sub-section (1) does not apply
in relation to the use of the boat during any period during which the
endorsement has effect.".

(2) A notice in force immediately before the commencement of this section
under paragraph 8 (1) (a) of the Principal Act continues to have effect after
the commencement of this section as if it were a notice under paragraph 8 (1)
(a) of the Principal Act as amended by this Act.

(3) A notice in force immediately before the commencement of this section
under paragraph 8 (1) (d) of the Principal Act continues to have effect after
the commencement of this section as if it were a notice under paragraph 8 (1)
(a) of the Principal Act as amended by this Act and as if the notice provided,
pursuant to sub-section 8 (4D) of the Principal Act as amended by this Act,
that the activities prohibited by the notice were activities in respect of
which an endorsement could be made under sub-section 9 (4) of the Principal
Act as amended by this Act.