Commonwealth Numbered Acts

FISHING LEGISLATION AMENDMENT ACT 1987 No. 176 of 1987 - SECT 4

4. (1) Section 12 of the Principal Act is amended:

   (a)  by omitting from paragraph (1) (c) "or equipment" and substituting ",
        equipment or ship";

   (b)  by omitting from paragraph (1) (da) "that searching or taking, as the
        case may be" and substituting "the searching or taking, as the case
        may be, to which the notice relates";

   (c)  by omitting from paragraph (1) (db) "that use" and substituting "the
        use to which the notice relates";

   (d)  by omitting from paragraph (1) (f) "and";

   (e)  by adding at the end of subsection (1) the following word and
        paragraph:

"; and (h) prohibit a person from using or having in the possession or under
the control of the person, on a ship, equipment of a specified kind for taking
sedentary organisms unless that equipment is marked or otherwise identified in
a specified manner."; and

   (f)  by omitting subsections (2) and (3) and substituting the following
        subsections:

"(2) In a notice containing a prohibition under paragraph (1) (b), the
Minister may also prohibit the cutting up or dismembering, on a ship in the
area to which the prohibition relates, of sedentary organisms to which the
prohibition relates that are taken from that area.

"(3) A notice under subsection (1) may do all or any of the following:

   (a)  contain prohibitions under 2 or more paragraphs of that subsection;

   (b)  specify the day on which the prohibition or a particular prohibition
        contained in the notice is to come into force (whether the same as, or
        different from, a day specified under this paragraph in relation to
        any other prohibition that may be contained in the notice);

   (c)  specify the period during which the prohibition or a particular
        prohibition contained in the notice is to have effect (whether the
        same as, or different from, a period specified under this paragraph in
        relation to any other prohibition that may be contained in the
        notice);

   (d)  provide for exemptions from the prohibition or prohibitions contained
        in the notice.

"(4) A prohibition contained in a notice under subsection (1) comes into force
on the day on which the notice is published or on such later day as is
specified in the notice.

"(5) A prohibition contained in a notice under subsection (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.

"(6) Where:

   (a)  a prohibition contained in a notice (in this subsection referred to as
        the 'subsequent notice') under subsection (1) relates to matters
        referred to in paragraph (1) (da) or (db); and

   (b)  the notice provides for the revocation of a previous notice under that
        subsection that contains a prohibition that relates to matters
        referred to in that paragraph;
the following provisions have effect:

   (c)  the subsequent notice may provide that endorsements under subsection 
        13 (1A) or (2A), as the case requires, that would, but for the
        revocation of the previous notice, have extended licences to authorise
        the searching or taking, or the use, or both, as the case may be, to
        which the prohibition contained in the previous notice related are to
        extend the licences to authorise the searching or taking, or the use,
        or both, as the case may be, to which the prohibition contained in the
        subsequent notice relates;

   (d)  where the subsequent notice so provides, any such endorsements extend
        the licences accordingly.".

(2) The amendment made by paragraph (1) (f) applies in relation to the
publication of notices under subsection 12 (1) of the Continental Shelf
(Living Natural Resources) Act 1968 on or after the day on which this section
comes into operation.