Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1987 No. 176 of 1987 - SECT 27

27. (1) Section 14 of the Principal Act is amended:

   (a)  by inserting after subsection (2) the following subsection:

"(2A) The Minister may, by notice published in the Gazette, require, at such
time and in such manner as is specified in the notice:

   (a)  the person who is the master of any boat in respect of which a licence
        is in force under section 19, or of any such boat that is included in
        a class of boats specified in the notice, to notify the Minister of:

        (i)    where the boat is in an area of Australian jurisdiction at the
               time at which the notice comes into force-the fact that the
               person is the master of the boat and that the boat is in the
               area of Australian jurisdiction; and

        (ii)   where the boat enters or leaves an area of Australian
               jurisdiction (regardless of its location at the time at which
               the notice comes into force)-the fact that the person is the
               master of the boat and that the boat has entered or left the
               area of Australian jurisdiction; and

   (b)  a person who becomes or ceases to be the master of a boat to which the
        notice relates at a time when the boat is in an area of Australian
        jurisdiction to notify the Minister of the fact that the person has
        become or ceased to be the master of the boat."; and
(b) by inserting in subsections (9), (12) and (13) ", (2A)" after "(2)".

(2) Section 14 of the Principal Act is amended:

   (a)  by omitting subsections (3), (4) and (5) and substituting the
        following subsections:

"(3) The Minister may, by notice published in the Gazette, require a relevant
person who:

   (a)  in:

        (i)    if an area of the Protected Zone is specified in the
               notice-that area of the Protected Zone; and

        (ii)   in any other case-any area of the Protected Zone;
takes delivery of fish included in a class of fish specified in the notice
from another person; and

   (b)  knows, or has reasonable grounds to believe, that the other person is
        both a traditional inhabitant and an Australian citizen;
to furnish to the Minister, at such time and in such manner as is specified in
the notice, information relating to the quantity of fish so delivered.

"(4) In subsection (3):
'Protected Zone' includes any area referred to in paragraph (a) of the
definition of 'Protected Zone' in subsection 3 (1);
'relevant person' means a person:

   (a)  who is not both a traditional inhabitant and an Australian citizen;
        and

   (b)  who is:

        (i)    the master of, or a person on board, a boat;

        (ii)   the pilot of, or a person on board, an aircraft; or

        (iii)  the operator of a fish processing facility that is in
               Australia.";

   (b)  by omitting from subsection (8) "or (4)";

   (c)  by omitting from subsections (9), (12) and (13) "(2A), (3) or (4)" and
        substituting "(2A) or (3)";

   (d)  by omitting from subsection (10) "(2), (3) or (4)" and substituting
        "(2) or (3)"; and

   (e)  by omitting subsections (15) and (15A).

(3) Where, immediately before the commencement of this subsection:

   (a)  a person was required by subsection 14 (15) of the Principal Act as
        then in force to furnish information; and

   (b)  the time by which the person was required to furnish the information
        had not expired; then, notwithstanding the amendments made by
        subsection (2), subsections 14 (15) and (15A) of the Principal Act as
        in force immediately before the commencement of this subsection
        continue to apply in relation to the person in relation to the
        furnishing of the information as if those amendments had not been
        made.