Commonwealth Numbered Acts

FISHERIES LEGISLATION AMENDMENT ACT 1997 No. 120 of 1997 - SCHEDULE 2

Schedule 2-Amendment of the Fisheries Management Act 1991 1 Paragraph 3(1)(b)
Repeal the paragraph, substitute:

   (b)  ensuring that the exploitation of fisheries resources and the carrying
        on of any related activities are conducted in a manner consistent with
        the principles of ecologically sustainable development and the
        exercise of the precautionary principle, in particular the need to
        have regard to the impact of fishing activities on non-target species
        and the long term sustainability of the marine environment; and 2
        Subsection 4(1)
Insert:
conveyance includes an aircraft, vehicle or vessel. 3 Subsection 4(1)
Insert:
evidential material means a thing relevant to an indictable offence, or a
thing relevant to a summary offence, against this Act or the regulations,
including such a thing in electronic form. 4 Subsection 4(1)
Insert:
executing officer, in relation to a warrant, means:

   (a)  the officer named in the warrant by the magistrate who issued the
        warrant as being responsible for executing the warrant; or

   (b)  if the officer so named does not intend to be present at the execution
        of the warrant-another officer whose name has been written in the
        warrant by the officer so named; or

   (c)  another officer whose name has been written in the warrant by the
        officer last named in the warrant. 5 Subsection 4(1)
Insert:
magistrate includes a justice of the peace or other person employed in a court
of a State or Territory who is authorised to issue search warrants. 6
Subsection 4(1)
Insert:
precautionary principle has the same meaning as in clause 3.5.1 of the
Intergovernmental Agreement on the Environment, a copy of which is set out in
the Schedule to the National Environment Protection Council  Act 1994 . 7
Subsection 4(1)
Insert:
premises includes a place and a conveyance. 8 Subsection 4(1)
Insert:
receive, in relation to fish, means receive fish for any purpose other than:

   (a)  personal or domestic consumption; or

   (b)  solely for transportation. 9 Subsection 4(1) (definition of take)
After "catch,", insert "capture,". 10 Subsection 4(1)
Insert:
warrant means a warrant under section 85 or 86. 11 Subsection 4(1)
Insert:
warrant premises means premises in relation to which a warrant is in force. 12
Subsections 13(1), (2) and (4)
Omit "$50,000", substitute "500 penalty units". 13 Subsection 13(3)
Omit "$250,000", substitute "2,500 penalty units". 14 Subsections 15(1) and
(2)
Omit "$5,000", substitute "125 penalty units". 15 Subsection 17(1)
Repeal the subsection, substitute:

(1) Subject to subsection (1A), AFMA must, in writing, after consultation with
such persons engaged in fishing as appear to AFMA to be appropriate and after
giving due consideration to any representations mentioned in subsection (3),
determine plans of management for all fisheries.

(1A) If, in all the circumstances, AFMA is of the view that a plan of
management is not warranted for a particular fishery, AFMA may make a
determination accordingly, including in the determination its reasons for
making the determination.

(1B) A determination under subsection (1) must be notified:

   (a)  in the Gazette; and

   (b)  to all persons and organisations listed in the register established
        under section 17A, at their addresses as shown on the register. 16
        After subsection 17(2)

(2A) In addition to issuing a public notice under subsection (2) and before
determining a plan of management for a fishery, AFMA must notify the persons
and organisations listed in the register established under section 17A, at
their addresses as shown on the register, of the terms of the public notice.
17 After subsection 17(6C)
Insert:

(6D) A plan of management for a fishery must contain provisions for the
incidental catch of non-target commercial and other species to be reduced to a
minimum. 18 After section 17
Insert: 17A Register of persons concerned about plans of management

(1) AFMA must maintain a register containing a list of the names and postal
addresses of persons and organisations who are to be notified of draft plans
of management.

(2) As soon as is practicable after the commencement of this section and on
each anniversary of that commencement, AFMA must give public notice:

   (a)  inviting persons and organisations to have their names and postal
        addresses entered on the register; and

   (b)  in the case of the second or a later notice-inviting persons and
        organisations on the register (if any) to have their names and postal
        addresses left on the register.

(3) A notice must state that the acceptance of an invitation:

   (a)  is to be in writing, sent to AFMA at a place specified in the notice
        and accompanied by particulars of the name and postal address of the
        acceptor; and

   (b)  is to be given:

        (i)    in the case of a person, or organisation, in existence on the
               publication of the notice-within one month after that
               publication; and

        (ii)   in any other case-within 12 months after that publication.

(4) Where a person or organisation accepts an invitation in the way required
by the notice, AFMA is to enter, or retain, the name and postal address of the
person or organisation on the register.

(5) AFMA may vary the address on the register of a person or organisation at
the written request of the person or organisation.

(6) AFMA must remove the name and address of a person or organisation from the
register if:

   (a)  in the case of a name and address that was on the register before the
        most recent notice under subsection (2)-the invitation to keep that
        name and address on the register was not accepted within one month
        after the publication of that notice; or

   (b)  the person or organisation makes a written request for the removal; or

   (c)  AFMA becomes satisfied that:

        (i)    in the case of a natural person-the person has died; or

        (ii)   in any other case-the person or organisation has ceased to
               exist.

(7) In subsection (2), a reference to public notice is a reference to a notice
published:

   (a)  in the Gazette; and

   (b)  in each State and internal Territory in a newspaper circulating
        generally in that State or Territory; and

   (c)  in each external Territory that the Minister considers appropriate (if
        any) in a newspaper circulating generally in that external Territory.
        19 Subsection 26(2)
Before "AFMA", insert "Subject to section 31K,". 20 After Division 4 of Part 3
Insert:
Division 4A-Statutory fishing rights options 31A Options arising when plan of
management for fishery is revoked

(1) Subject to subsection (2), if a plan of management for a fishery (the
former plan) is revoked, each person (a former holder of fishing rights) who
held statutory fishing rights of a particular class of fishing rights (the
relevant class) in respect of the fishery under the former plan immediately
before it was revoked holds a statutory fishing rights option in respect of
fishing rights of the relevant class.

(2) Subsection (1) does not apply if:

   (a)  a new plan of management is determined for the fishery immediately
        after the revocation of the former plan; and

   (b)  the new plan is in all substantial respects identical to the former
        plan; and

   (c)  the persons who held statutory fishing rights under the former plan
        are granted equivalent statutory fishing rights under the new plan.

(3) Subsection 21(1B) applies in determining the kinds of statutory fishing
rights that together constitute a class of fishing rights in respect of a
fishery for the purposes of this Division, except that fishing rights that, in
AFMA's opinion, are substantially the same are taken to be identical for the
purposes of that subsection.

(4) A statutory fishing rights option entitles the holder of the option to be
granted statutory fishing rights of the relevant class under any plan of
management (the new plan) determined for a fishery after the revocation of the
former plan if section 31B or 31C applies to the new plan. The nature and
extent of the entitlements are set out in subsection 31B(2) or 31C(2), as the
case may be. 31B Rights of option holder where the new plan of management is
the same or substantially the same as the former plan of management

(1) This section applies to the new plan if:

   (a)  the new plan applies to a geographical area that consists of or
        includes the whole or a part of the geographical area to which the
        former plan applied; and

   (b)  the description (other than the description of the geographical area)
        of the fishery to which the new plan applies is, in AFMA's opinion,
        the same, or substantially the same, as the description of the fishery
        to which the former plan applied; and

   (c)  the new plan provides for the granting of classes of statutory fishing
        rights that are the same, or substantially the same, as the classes of
        statutory fishing rights provided for in the former plan; and

   (d)  under the new plan the only persons who are entitled to be granted
        statutory fishing rights are persons who hold statutory fishing rights
        options in respect of statutory fishing rights under the new plan.

(2) If a person holds a statutory fishing rights option in respect of
statutory fishing rights under the new plan, the option entitles the person,
subject to subsections (3) and (4), to be granted under the new plan, to the
extent to which the person exercises the option in accordance with subsection
31D(1), the number of statutory fishing rights of the relevant class worked
out in accordance with the formula:
Person's previous rights x Total new rights
Total previous rights where:
person's previous rights means the number of statutory fishing rights of the
relevant class held by:

   (a)  if the person was a former holder of fishing rights-the person; or

   (b)  otherwise-the former holder of fishing rights from whose statutory
        fishing rights under the former plan the person directly or indirectly
        became entitled to the option; under the former plan immediately
        before it was revoked.
total previous rights means the total number of statutory fishing rights of
the relevant class held by all persons under the former plan immediately
before it was revoked.
total new rights means the total number of statutory fishing rights of the
relevant class that are available to be granted under the new plan.

(3) If the number of statutory fishing rights worked out under subsection (2)
includes a fraction, the number is to be rounded off to the next highest or
lowest whole number, as AFMA determines to be reasonable in the circumstances.

(4) In making a determination under subsection (3), AFMA may have regard to
any matters that it considers appropriate, including the total number of
statutory fishing rights of the relevant class that are available to be
granted under the new plan. 31C Rights of option holder where new plan of
management has some features in common with the former plan of management

(1) This section applies to the new plan if:

   (a)  in AFMA's opinion section 31B does not apply to the new plan; and

   (b)  the new plan applies to a geographical area that consists of or
        includes the whole or a part of the geographical area to which the
        former plan applied; and

   (c)  at least one of the species of fish in respect of which statutory
        fishing rights are available to be granted under the new plan (except
        any species that is a by-catch) was also a species of fish in respect
        of which statutory fishing rights were granted under the former plan
        immediately before it was revoked.

(2) If a person holds a statutory fishing rights option in respect of
statutory fishing rights under the new plan, the option entitles the person to
be granted such number of such classes of statutory fishing rights under the
new plan as AFMA determines to be fair and equitable having particular regard
to the number and classes of statutory fishing rights:

   (a)  if the person was a former holder of fishing rights-held by the
        person; or

   (b)  otherwise-held by the former holder of fishing rights from whose
        fishing rights under the former plan the person directly or indirectly
        became entitled to the option; under the former plan immediately
        before it was revoked.

(3) In determining the number of a class of statutory fishing rights to be
granted to a person under the new plan in accordance with subsection (2), AFMA
must take into account:

   (a)  the extent to which the new plan applies to the fishery to which the
        former plan applied; and

   (b)  the number and classes of statutory fishing rights:

        (i)    if the person was a former holder of fishing rights-held by the
               person; or

        (ii)   otherwise-held by the former holder of fishing rights from
               whose fishing rights under the former plan the person directly
               or indirectly became entitled to the option; under the former
               plan immediately before it was revoked; and

   (c)  the procedures to be followed under the new plan for the granting of
        fishing rights; and

   (d)  the conditions relevant to the registration under the new plan of
        persons who are to be eligible for the grant of statutory fishing
        rights. 31D Exercise and lapsing of option

(1) A person who holds a statutory fishing rights option is taken to exercise
the option if the person has received a notice under paragraph 31K(1)(a) and,
within the period stated in the notice, notifies AFMA, by writing signed by
the person, that the person exercises the option in respect of all, or a
stated number, of the statutory fishing rights to which the option relates.

(2) If a person does not exercise a statutory fishing rights option in respect
of all or some of the statutory fishing rights to which the option relates,
the option lapses in respect of the statutory fishing rights in respect of
which the option is not exercised. 31E The Register of Statutory Fishing
Rights Options

(1) AFMA is to keep a Register of Statutory Fishing Rights Options (the
Register).

(2) The Register may be kept wholly or partly by use of a computer.

(3) If the Register is kept wholly or partly by use of a computer:

   (a)  references in this Act to an entry in the Register include references
        to a record of particulars kept by use of a computer and comprising
        the Register or part of the Register; and

   (b)  references in this Act to particulars being registered, or entered in
        the Register, include references to the keeping of a record of those
        particulars as part of the Register by use of the computer.

(4) The Register must, in relation to each statutory fishing rights option:

   (a)  set out the name and address of the person who for the time being
        holds the option; and

   (b)  contain such particulars as are necessary to identify the former plan
        whose revocation gave rise to the option; and

   (c)  set out the number and class of statutory fishing rights to which the
        option relates; and

   (d)  if the option has been exercised in respect of any statutory fishing
        rights-state the date of the exercise and the number and class of
        rights in respect of which the option has been exercised; and

   (e)  if the option has lapsed in respect of any statutory fishing
        rights-state the date of the lapse and the number and class of rights
        in respect of which the option has lapsed. 31F Creation etc. of
        interests in statutory fishing rights options

(1) This section applies to a dealing that would, apart from subsection (2),
have the effect of creating, assigning, transmitting or extinguishing an
interest in a statutory fishing rights option.

(2) The dealing has no effect of a kind mentioned in subsection (1) until it
is registered under this section.

(3) A party to the dealing may lodge with AFMA:

   (a)  an application, in the form approved by AFMA, for registration of the
        dealing; and

   (b)  the instrument evidencing the dealing; and

   (c)  an instrument setting out such particulars (if any) as are prescribed
        for the purposes of an application for registration of the dealing;
        and

   (d)  one copy each of the application and of the instruments mentioned in
        paragraphs (b) and (c).

(4) A party to the dealing may, instead of lodging the instrument evidencing
the dealing, lodge with AFMA a summary of that instrument containing the
particulars required by AFMA for the purposes of this subsection.

(5) Subject to subsections (6) and (7), if an application for registration of
the dealing, either the instrument evidencing the dealing or a summary of that
instrument that complies with subsection (4), and the other documents referred
to in paragraphs (3)(c) and (d), are lodged with AFMA, AFMA must:

   (a)  register the dealing by entering in the Register the following
        particulars:

        (i)    the name and address of the person acquiring the interest in
               the option;

        (ii)   the number and class of statutory fishing rights to which the
               dealing relates; and

   (b)  endorse on the instrument evidencing the dealing and the copy of that
        instrument the fact of the entry having been made together with the
        date and time of the making of the entry.

(6) For the purposes of this Division, if a statutory fishing rights option is
assigned to a person in respect of some only of the statutory fishing rights
to which the option relates:

   (a)  the assignee is taken to hold a new statutory fishing rights option in
        respect of the statutory fishing rights assigned to the assignee; and

   (b)  the assignor continues to hold the first-mentioned option in respect
        of such of the statutory fishing rights as have not been assigned.

(7) AFMA may only refuse to register a dealing if the registration of the
dealing would be contrary to the requirements of the new plan or a condition
of statutory fishing rights in respect of which the option is held.

(8) If a dealing is registered:

   (a)  the copies referred to in paragraph (3)(d) and the summary (if any)
        lodged under subsection (4) are to be kept by AFMA; and

   (b)  if a summary is not lodged under subsection (4), the copy of the
        instrument evidencing the dealing is to be made available for
        inspection in accordance with this Division; and

   (c)  if a summary is lodged under subsection (4), the summary is to be made
        available for inspection in accordance with this Division; and

   (d)  the original instrument is to be returned to the person who made the
        application for registration.

(9) If a dealing creates a charge over some or all of a body corporate's
assets, the party to the dealing who lodged the application for registration
of the dealing is taken to have complied with paragraph (3)(b), and with
paragraph (3)(d) in so far as that paragraph requires a copy of the instrument
evidencing the dealing to be lodged with AFMA, if the party has lodged with
AFMA 2 copies of each document required to be lodged with the Australian
Securities Commission relating to the creation of that charge under section
263 of the Corporations Law.

(10) AFMA is not concerned with the effect in law of any instrument lodged
under this section. 31G Claims of interests in statutory fishing rights
options

(1) If a person lodges with AFMA a notice, in the form approved by AFMA:

   (a)  stating that a dealing of a kind referred to in subsection 31F(1) that
        is described in the statement has taken place; and

   (b)  claiming that, if the dealing were registered, the person would have
        an interest in a statutory fishing rights option; and

   (c)  setting out particulars of the interest; and

   (d)  requesting AFMA to register the claim; AFMA must register the claim by
        entering in the register the person's name and particulars of the
        interest claimed.

(2) If, after the registration of a claim to an interest in a statutory
fishing rights option, the claimant, by notice lodged with AFMA in the form
approved by AFMA, withdraws the claim, AFMA must cancel the registration by
omitting from the register the entry relating to the claim.

(3) If:

   (a)  a claim to an interest in a statutory fishing rights option is
        registered; and

   (b)  an application is made to AFMA for registration of a dealing in
        respect of the option; AFMA must not register the dealing unless:

   (c)  AFMA has given written notice of the application to the person whose
        name appears in the register in relation to the claim; and

   (d)  either:

        (i)    the person has withdrawn the claim under subsection (2); or

        (ii)   21 days have elapsed since the notice was given to the person.
               31H Trusts not registrable
Notice of any kind of trust relating to a statutory fishing rights option is
not receivable by AFMA and must not be entered in the Register. 31J Power of
holder of statutory fishing rights option to deal with option

(1) The holder of a statutory fishing rights option may, subject only to any
rights appearing in the Register to be vested in another person, deal with the
option, in respect of all or any of the statutory fishing rights to which the
option relates, as absolute owner and give good discharges for any
consideration for any such dealing.

(2) Subsection (1) only protects a person who deals with a holder of a
statutory fishing rights option as a purchaser in good faith for value and
without notice of any fraud on the part of the holder.

(3) Equities in relation to a statutory fishing rights option may be enforced
against the holder of the option except to the prejudice of a person protected
by subsection (2). 31K Obligations of AFMA in respect of granting statutory
fishing rights under the new plan

(1) AFMA must not grant any statutory fishing rights under the new plan
unless:

   (a)  it has given written notice to each person who holds a statutory
        fishing rights option in relation to the plan asking the person to
        tell AFMA in writing within the period of 30 days after a date stated
        in the notice (being a date not earlier than 2 days after the day on
        which the notice is sent):

        (i)    whether the person wishes to exercise the option; and

        (ii)   if so, the number of fishing rights in respect of which the
               person exercises the option; and

   (b)  that period has elapsed.

(2) AFMA must develop procedures that will ensure that the holders of options
that are exercised are granted the statutory fishing rights under the new plan
to which they are entitled.

(3) AFMA may remove particulars of an option from the Register when all the
statutory fishing rights to which the option relates have been granted or the
option has lapsed. 31L Administrative provisions
Sections 52 to 57 apply to the Register of Statutory Fishing Rights Options
and documents subject to inspection under this Division in the same way as
those sections apply to the Register of Statutory Fishing Rights and documents
subject to inspection under Part 4. 21 At the end of section 38
Add: Note: Section 98 authorises a court in certain circumstances to suspend a
fishing concession. 22 At the end of section 39
Add: Note: Section 98 authorises a court in certain circumstances to cancel a
fishing concession. 23 After subsection 46(3)
Insert:

(3A) A party to the dealing may, instead of lodging the instrument evidencing
the dealing, lodge with AFMA a summary of that instrument containing the
particulars required by AFMA for the purposes of this subsection. 24
Subsection 46(4)
Omit "Where an application to AFMA is so made", substitute "Subject to
subsection (4C), if an application for registration of the dealing, either the
instrument evidencing the dealing or a summary of that instrument that
complies with subsection (3A), and the other documents referred to in
paragraphs (3)(c) and (d), are lodged with AFMA". 25 Subsection 46(5)
Repeal the subsection, substitute:

(4A) If a person lodges with AFMA a notice, in the form approved by AFMA:

   (a)  stating that a dealing of a kind referred to in subsection (1) that is
        described in the statement has taken place; and

   (b)  claiming that, if the dealing were registered, the person would have
        an interest in a fishing right; and

   (c)  setting out particulars of the interest; and

   (d)  requesting AFMA to register the claim; AFMA must register the claim by
        entering in the register the person's name and particulars of the
        interest claimed.

(4B) If, after the registration of a claim to an interest in a fishing right,
the claimant, by notice lodged with AFMA in the form approved by AFMA,
withdraws the claim, AFMA must cancel the registration by omitting from the
register the entry relating to the claim.

(4C) If:

   (a)  a claim to an interest in a fishing right is registered; and

   (b)  an application is made to AFMA for registration of a dealing in
        respect of the fishing right; AFMA must not register the dealing
        unless:

   (c)  AFMA has given written notice of the application to the person whose
        name appears in the register in relation to the claim; and

   (d)  either:

        (i)    the person has withdrawn the claim under subsection (4B); or

        (ii)   21 days have elapsed since the notice was given to the person.

(5) If a dealing is registered:

   (a)  the copies referred to in paragraph (3)(d) and the summary (if any)
        lodged under subsection (3A) are to be kept by AFMA; and

   (b)  if a summary is not lodged under subsection (3A), the copy of the
        instrument evidencing the dealing is to be made available for
        inspection in accordance with this Part; and

   (c)  if a summary is lodged under subsection (3A), the summary is to be
        made available for inspection in accordance with this Part; and

   (d)  the original instrument is to be returned to the person who made the
        application for registration.

(6) If a dealing creates a charge over some or all of a body corporate's
assets, the party to the dealing who lodged the application for registration
of the dealing is taken to have complied with paragraph (3)(b), and with
paragraph (3)(d) in so far as that paragraph requires a copy of the instrument
evidencing the dealing to be lodged with AFMA, if the party has lodged with
AFMA 2 copies of each document required to be lodged with the Australian
Securities Commission relating to the creation of that charge under section
263 of the Corporations Law. 26 Subsection 49(1)
Omit "or, if the fishing right was granted by a Joint Authority, the Joint
Authority". 27 Subsection 49(2)
Omit "or the Joint Authority". 28 Subsection 65(1)
Repeal the subsection, substitute:

(1) Subject to this section, a Joint Authority may, by writing, delegate to an
officer or employee of a State or of an authority of a State any of its powers
under this Act, other than its powers under sections 18 and 20. 29 Saving
A delegation under subsection 65(1) of the Fisheries Management Act  1991 to
an officer or employee of a State or of an authority of a State that was in
force immediately before the commencement of item 28 continues in force as if
it had been made under the subsection substituted by that item. 30 Subsection
65(2)
Omit "AFMA or the Department or in". 31 Section 78
Repeal the section, substitute: 78 Effect of arrangement
If, in respect of a fishery, there is in force an arrangement under this
Division under which a Joint Authority has the management of the fishery and
the fishery is to be managed in accordance with the law of the Commonwealth:

   (a)  AFMA has the same powers in relation to the fishery as it would have
        if the fishery were under the management of AFMA; and

   (b)  references in sections 18 and 20 to the Minister are taken, in
        relation to the fishery, to be references to the Joint Authority. 32
        Sections 79 and 80
Repeal the sections. 33 Section 82
Repeal the section. 34 Paragraphs 84(1)(h) and (i)
Repeal the paragraphs, substitute:

   (h)  enter on land or premises specified in a fish receiver permit for the
        purpose of finding out whether a condition of the permit is being, or
        has been, complied with or whether a person is contravening or has
        contravened a provision of this Act and, in furtherance of that
        purpose:

        (i)    search the land or premises for, and examine, fish; and

        (ii)   search the land or premises for, inspect, take extracts from,
               and make copies of, any documents relating to the receiving of
               fish; and

        (iii)  if the officer finds, during the course of the search, any
               thing that he or she believes, on reasonable grounds, may
               provide evidence of a contravention of a provision of this Act,
               secure the thing pending the obtaining of a warrant to seize
               it; and

   (i)  with the consent of the holder of a fish receiver permit or under a
        warrant issued under section 85, seize any thing found during the
        course of a search that the officer believes, on reasonable grounds,
        may provide evidence of a contravention of this Act; and 35 Paragraph
        84(7)(a)
Omit "5,". 36 Sections 85 and 86
Repeal the sections, substitute: 85 When search warrants can be issued

(1) A magistrate may, upon application by an officer, issue a warrant to
search premises if the magistrate is satisfied by information on oath that
there are reasonable grounds for suspecting that there is, or there will be
within the next 72 hours, any evidential material at the premises.

(2) If the person applying for the warrant suspects that, in executing the
warrant, it will be necessary to use firearms, the person must state the
suspicion, and the grounds for the suspicion, in the information.

(3) If a magistrate issues a warrant, the magistrate is to set out in the
warrant:

   (a)  the offence to which the warrant relates; and

   (b)  a description of the premises to which the warrant relates; and

   (c)  the kinds of evidential material that are to be searched for under the
        warrant; and

   (d)  the name of the officer who, unless he or she inserts the name of
        another officer in the warrant, is to be responsible for executing the
        warrant; and

   (e)  the period for which the warrant remains in force, which must not be
        more than 7 days; and

   (f)  whether the warrant may be executed at any time or only during
        particular hours.

(4) The magistrate is also to state that the warrant authorises the seizure of
a thing (other than evidential material of the kind referred to in paragraph
(3)(c)) found at the premises in the course of the search that the executing
officer or a person helping believes on reasonable grounds to be:

   (a)  evidential material in relation to an offence to which the warrant
        relates; or

   (b)  a thing relevant to another offence against this Act or the
        regulations that is an indictable offence; if the executing officer or
        a person helping believes on reasonable grounds that seizure of the
        thing is necessary to prevent its concealment, loss or destruction or
        its use in committing an offence against this Act or the regulations.

(5) Paragraph (3)(e) does not prevent the issue of successive warrants in
relation to the same premises.

(6) If the application for the warrant is made under section 86, this section
applies as if:

   (a)  subsection (1) referred to 48 hours rather than 72 hours; and

   (b)  paragraph (3)(e) referred to 48 hours rather than 7 days.

(7) A magistrate in New South Wales or the Australian Capital Territory may
issue a warrant in relation to premises in the Jervis Bay Territory.

(8) A magistrate in a State or internal Territory may:

   (a)  issue a warrant in relation to premises in that State or Territory; or

   (b)  issue a warrant in relation to premises in an external Territory; or

   (c)  issue a warrant in relation to premises in another State or internal
        Territory (including the Jervis Bay Territory) if he or she is
        satisfied that there are special circumstances that make the issue of
        the warrant appropriate. 85A The things that are authorised by a
        search warrant

(1) A warrant authorises the executing officer or a person helping:

   (a)  to enter the warrant premises and, if the premises are a conveyance,
        to enter the conveyance, wherever it is; and

   (b)  to search for and record fingerprints found at the premises and to
        take samples of things found at the premises for forensic purposes;
        and

   (c)  to search the premises for the kinds of evidential material specified
        in the warrant, and to seize things of that kind found at the
        premises; and

   (d)  to seize other things found at the premises in the course of the
        search that the executing officer or a person helping believes on
        reasonable grounds to be:

        (i)    evidential material in relation to an offence to which the
               warrant relates; or

        (ii)   evidential material in relation to another offence against this
               Act or the regulations that is an indictable offence; if the
               executing officer or a person helping believes on reasonable
               grounds that seizure of the things is necessary to prevent
               their concealment, loss or destruction or their use in
               committing an offence against this Act or the regulations.

(2) If the warrant states that it may be executed only during particular
hours, the warrant must not be executed outside those hours.

(3) If things are seized under a warrant, the warrant authorises the executing
officer to make the things available to officers of other agencies if it is
necessary to do so for the purpose of investigating or prosecuting an offence
to which the things relate. 85B Availability of assistance and use of force in
executing a warrant
In executing a warrant:

   (a)  the executing officer may obtain such help; and

   (b)  the executing officer, or a person who is an officer and is helping in
        executing the warrant may use such force against persons and things;
        and

   (c)  a person who is not an officer and has been authorised to help in
        executing the warrant may use such force against things; as is
        necessary and reasonable in the circumstances. 85C Copy of warrant to
        be given to occupier etc.

(1) If a warrant is being executed and the occupier of the premises or another
person who apparently represents the occupier is present at the premises, the
executing officer or a person helping must make available to that person a
copy of the warrant.

(2) The executing officer must produce his or her identity card to the person
at the premises.

(3) The copy of the warrant referred to in subsection (1) need not include the
signature of the magistrate or the seal of the relevant court. 85D Specific
powers available to officer executing warrant

(1) In executing a warrant, the executing officer or a person helping may:

   (a)  for a purpose incidental to the execution of the warrant; or

   (b)  if the occupier of the premises consents in writing; take photographs
        (including video recordings) of the premises or of things at the
        premises.

(2) If a warrant is being executed, the executing officer or a person helping
may, if the warrant is still in force, complete the execution of the warrant
after the officer and all persons helping temporarily cease its execution and
leave the premises:

   (a)  for not more than one hour; or

   (b)  for a longer period if the occupier of the premises consents in
        writing.

(3) If:

   (a)  the execution of a warrant is stopped by an order of a court; and

   (b)  the order is later revoked or reversed on appeal; and

   (c)  the warrant is still in force; the execution of the warrant may be
        completed. 85E Use of equipment to examine or process things

(1) The executing officer or a person helping may bring to the warrant
premises any equipment reasonably necessary for the examination or processing
of things found at the premises in order to determine whether they are things
that may be seized under the warrant.

(2) If:

   (a)  it is not practicable to examine or process the things at the warrant
        premises; or

   (b)  the occupier of the premises consents in writing; the things may be
        moved to another place so that the examination or processing can be
        carried out in order to determine whether they are things that may be
        seized under the warrant.

(3) If things are moved to another place for the purpose of examination or
processing under subsection (2), the executing officer must, if it is
practicable to do so:

   (a)  inform the occupier of the address of the place, and the time, at
        which the examination or processing will be carried out; and

   (b)  allow the occupier or his or her representative to be present during
        the examination or processing.

(4) The executing officer or a person helping may operate equipment already at
the warrant premises to carry out the examination or processing of a thing
found at the premises in order to determine whether it is a thing that may be
seized under the warrant if the executing officer or person believes on
reasonable grounds that:

   (a)  the equipment is suitable for the examination or processing; and

   (b)  the examination or processing can be carried out without damage to the
        equipment or the thing. 85F Use of electronic equipment at premises

(1) The executing officer or a person helping may operate electronic equipment
at the premises to see whether evidential material is accessible by doing so
if he or she believes on reasonable grounds that the operation of the
equipment can be carried out without damage to the equipment.

(2) If the executing officer or a person helping, after operating the
equipment, finds that evidential material is accessible by doing so, he or she
may:

   (a)  seize the equipment and any disk, tape or other associated device; or

   (b)  if the material can, by using facilities at the premises, be put in
        documentary form-operate the facilities to put the material in that
        form and seize the documentation so produced; or

   (c)  if the material can be transferred to a disk, tape or other storage
        device that:

        (i)    is brought to the premises; or

        (ii)   is at the premises and the use of which for the purpose has
               been agreed to in writing by the occupier of the premises;
               operate the equipment or other facilities to copy the material
               to the storage device and take the storage device from the
               premises.

(3) A person may seize equipment under paragraph (2)(a) only if:

   (a)  it is not practicable to put the material in documentary form as
        mentioned in paragraph (2)(b) or to copy the material as mentioned in
        paragraph (2)(c); or

   (b)  possession by the occupier of the equipment could constitute an
        offence against this Act or the regulations.

(4) If the executing officer or a person helping believes on reasonable
grounds that:

   (a)  evidential material may be accessible by operating electronic
        equipment at the premises; and

   (b)  expert assistance is required to operate the equipment; and

   (c)  if he or she does not take action under this subsection, the material
        may be destroyed, altered or otherwise interfered with; he or she may
        do whatever is necessary to secure the equipment, whether by locking
        it up, placing a guard or otherwise.

(5) The executing officer or a person helping must give notice to the occupier
of the premises of his or her intention to secure equipment and of the fact
that the equipment may be secured for up to 24 hours.

(6) The equipment may be secured until:

   (a)  the end of a period of not more than 24 hours; or

   (b)  the equipment has been operated by the expert; whichever happens
        first.

(7) If the executing officer or a person helping believes on reasonable
grounds that the expert assistance will not be available within 24 hours, he
or she may apply to the magistrate for an extension of that period.

(8) The executing officer or a person helping must give notice to the occupier
of the premises of his or her intention to apply for an extension, and the
occupier is entitled to be heard in relation to the application.

(9) The provisions of this Division relating to the issue of warrants apply,
with any modifications that are necessary, to the issuing of an extension. 85G
Compensation for damage to electronic equipment

(1) If:

   (a)  damage is caused to equipment as a result of being operated as
        mentioned in section 85E or 85F; and

   (b)  the damage was caused as a result of:

        (i)    insufficient care being exercised in selecting the person who
               was to operate the equipment; or

        (ii)   insufficient care being exercised by the person operating the
               equipment; compensation for the damage is payable to the owner
               of the equipment.

(2) Compensation is payable out of money appropriated by the Parliament for
the purpose.

(3) In determining the amount of compensation payable, regard is to be had to
whether the occupier of the premises and his or her employees and agents, if
they were available at the time, had provided any warning or guidance as to
the operation of the equipment that was appropriate in the circumstances. 85H
Copies of seized things to be provided

(1) Subject to subsection (2), if a person seizes, under a warrant:

   (a)  a document, film, computer file or other thing that can be readily
        copied; or

   (b)  a storage device the information in which can be readily copied; the
        person must, if requested to do so by the occupier of the premises or
        by another person who apparently represents the occupier and is
        present when the warrant is executed, give a copy of the thing or the
        information to the person who made the request as soon as practicable
        after the seizure.

(2) Subsection (1) does not apply if:

   (a)  the thing that has been seized was seized under paragraph 85F(2)(b) or
        (c); or

   (b)  possession by the occupier of the document, film, computer file, thing
        or information could constitute an offence. 85J Occupier entitled to
        be present during search

(1) If a warrant is being executed and the occupier of the premises or another
person who apparently represents the occupier is present at the premises, the
person is, subject to Part IC of the Crimes Act  1914 , entitled to observe
the search being conducted.

(2) The right to observe the search being conducted ceases if the person
impedes the search.

(3) This section does not prevent 2 or more areas of the premises being
searched at the same time. 85K Receipts for things seized under warrant

(1) If a thing is seized under a warrant or moved under subsection 85E(2), the
executing officer or a person helping must provide a receipt for the thing.

(2) If 2 or more things are seized or moved, they may be covered in the one
receipt. 86 Warrants by telephone or other electronic means

(1) An officer may make an application to a magistrate for a warrant by
telephone, telex, facsimile or other electronic means:

   (a)  in an urgent case; or

   (b)  if the delay that would occur if an application were made in person
        would frustrate the effective execution of the warrant.

(2) The magistrate may require communication by voice to the extent that is
practicable in the circumstances.

(3) An application under this section must include all information required to
be provided in an ordinary application for a warrant, but the application may,
if necessary, be made before the information is sworn.

(4) If an application is made to a magistrate under this section and the
magistrate, after considering the information and having received and
considered such further information (if any) as the magistrate required, is
satisfied that:

   (a)  a warrant in the terms of the application should be issued urgently;
        or

   (b)  the delay that would occur if an application were made in person would
        frustrate the effective execution of the warrant; the magistrate may
        complete and sign the same form of warrant as would be issued under
        section 85.

(5) If the magistrate decides to issue the warrant, the magistrate is to tell
the applicant, by telephone, facsimile or other electronic means, of the terms
of the warrant and the day on which and the time at which it was signed.

(6) The applicant must then complete a form of warrant in terms substantially
corresponding to those given to the magistrate, stating on the form the
magistrate's name and the day on which and the time at which the warrant was
signed.

(7) The applicant must, not later than the day after the day of expiry of the
warrant or the day after the day on which the warrant was executed, whichever
is the earlier, give or send to the magistrate the form of warrant completed
by the applicant and, if the information referred to in subsection (3) was not
sworn, that information duly sworn.

(8) The magistrate is to attach to the documents provided under subsection (7)
the form of warrant completed by the magistrate.

(9) If:

   (a)  it is material, in any proceedings, for a court to be satisfied that
        the exercise of a power under a warrant issued under this section was
        duly authorised; and

   (b)  the form of warrant signed by the magistrate is not produced in
        evidence; the court is to assume, unless the contrary is proved, that
        the exercise of the power was not duly authorised. 37 After subsection
        88(1)
Insert:

(1A) If:

   (a)  any property referred to in subsection (1):

        (i)    is also property referred to in section 106; and

        (ii)   was under the control of an officer because an offence referred
               to in that section is alleged to have been committed in respect
               of the property; and

   (b)  were the person to be convicted of the offence an order could be made
        by the court directing the person to pay the costs of the prosecution;
        the conditions on which the property may be released under subsection
        (1) include a condition as to the giving of security for payment of
        those costs if the person is convicted of the offence. 38 Subsection
        89(4)
Omit "$100", substitute "2 penalty units". 39 After subsection 95(1)
Insert:

(1A) A person does not contravene subsection (1) because of an act or omission
that the person is authorised to do, or not to do, as the case may be:

   (a)  under the management plan for the relevant fishery; or

   (b)  under regulations made for the relevant fishery; or

   (c)  in relation to a by-catch under regulations made for the purposes of
        paragraph 14(2)(c). 40 Subsection 95(2)
Omit "$50,000", substitute "500 penalty units". 41 Subsection 95(4)
Omit "$10,000", substitute "250 penalty units". 42 Subsection 95(5)
Omit "$10,000", substitute "250 penalty units". 43 Section 96
Omit "$5,000", substitute "125 penalty units". 44 Subsection 97(1)
Omit "$5,000", substitute "125 penalty units". 45 At the end of section 98
Add:

(3) If:

   (a)  a court convicts a person of an offence against this Act or any other
        Act; and

   (b)  the offence was committed while the person was doing something
        authorised by a fishing concession held by the person; the court may,
        in addition to imposing a penalty in respect of the offence or making
        any other order, make an order:

   (c)  cancelling the fishing concession; or

   (d)  suspending the operation of the fishing concession for a period stated
        in the order. 46 Section 99
Omit "$5,000", substitute "125 penalty units". 47 Subsection 100(2)
Omit "$250,000", substitute "2,500 penalty units". 48 Subsection 100(4)
Omit "$25,000", substitute "250 penalty units". 49 Subsection 101(2)
Omit "$250,000", substitute "2,500 penalty units". 50 Subsection 101(4)
Omit "$25,000", substitute "250 penalty units". 51 Subsection 102(1)
Omit "$50,000", substitute "500 penalty units". 52 Subsection 102(2)
Omit "$50,000", substitute "500 penalty units". 53 Subsection 102(5)
Omit "$10,000", substitute "250 penalty units". 54 Subsection 103(1)
Omit "$50,000", substitute "500 penalty units". 55 Subsection 103(3)
Omit "$10,000", substitute "250 penalty units". 56 Subsection 104(2)
Omit "$50,000", substitute "500 penalty units". 57 Subsection 104(4)
Omit "$10,000", substitute "250 penalty units". 58 Subsection 104(7)
Omit "$2,000", substitute "50 penalty units". 59 Subsection 106(1)
After "against section", insert "13,". 60 Subsections 153(1) and (2)
Omit "$3,000", substitute "30 penalty units". 61 Section 156
Omit "$3,000", substitute "30 penalty units". 62 Paragraph 164(9)(b)
Repeal the paragraph, substitute:

   (b)  an offence created by section 6, 7 or 7A, or subsection 86(1), of the
        Crimes Act 1914, being an offence that relates to an offence created
        by this Act or the regulations. 63 Subsection 165(1) (definition of
        relevant decision)
Before "section 32", insert "paragraph 31B(1)(b), section 31C, subsection
31F(7),". 64 Subsection 166(4)
Repeal the subsection. 65 Subsection 166(5)
Omit "Without limiting the operation of subsection (4), the", substitute
"The". 66 Paragraph 168(2)(a)
Omit "$1,000", substitute "10 penalty units".