Commonwealth Numbered Acts

Fishing Legislation Amendment Act (No. 2) 1984 No. 152 of 1984 - SECT 21

21. Section 44 of the Principal Act is amended-

   (a)  by inserting in sub-section (2) ", (3A) or (3B)" after "sub-section
        (3)";

   (b)  by inserting after sub-section (3) the following sub-sections:



"(3A) Where-

   (a)  a person contravenes paragraph (1) (a) in an area of Australian
        jurisdiction by using a boat (other than a Papua New Guinea boat) for
        a particular purpose; and

   (b)  either of the following sub-paragraphs apply:

        (i)    a licence under this Act is not in force in respect of the
               boat;

        (ii)   a licence under this Act is in force in respect of the boat,
               but the licence does not authorize the use of the boat in that
               area for that purpose,
then-

   (c)  in a case to which sub-paragraph (b) (i) applies-if a licence under
        this Act had been in force authorizing the use of the boat in that
        area for that purpose, the licence would have been a leviable licence;
        or

   (d)  in a case to which sub-paragraph (b) (ii) applies-if the licence under
        this Act in force in respect of the boat had not been in force but
        another licence under this Act had been in force authorizing the use
        of the boat in that area for that purpose, that other licence would
        have been a leviable licence,
the person is guilty of an offence punishable, on conviction, by a fine not
exceeding $5,000.



"(3B) Where-

   (a)  a person contravenes paragraph (1) (c) in an area of Australian
        jurisdiction by using a boat (other than a Papua New Guinea boat) to
        search for fish; and

   (b)  either of the following sub-paragraphs apply:

        (i)    a licence under this Act is not in force in respect of the
               boat;

        (ii)   a licence under this Act is in force in respect of the boat,
               but the licence does not authorize the use of the boat for
               taking fish of that kind in that area in the course of
               commercial fishing,
then-

   (c)  in a case to which sub-paragraph (b) (i) applies-if a licence under
        this Act had been in force authorizing the use of the boat for taking
        fish of that kind in that area in the course of commercial fishing,
        the licence would have been a leviable licence; or

   (d)  in a case to which sub-paragraph (b) (ii) applies-if the licence under
        this Act in force in respect of the boat had not been in force but
        another licence under this Act had been in force authorizing the use
        of the boat for taking fish of that kind in that area in the course of
        commercial fishing, that other licence would have been a leviable
        licence,
the person is guilty of an offence punishable, on conviction, by a fine not
exceeding $5,000.



"(3C) Where a person is convicted before a court of an offence against
sub-section (3A) or (3B), the court may, in addition to imposing a penalty on
the person, order the person to pay to the Commonwealth an amount not
exceeding the amount that is the relevant levy amount in relation to the
licence referred to in paragraph (3A) (c) or (3B) (c) or the other licence
referred to in paragraph (3A) (d) or (3B) (d), as the case requires.";

   (c)  by omitting from sub-section (5) "against" and substituting "arising
        out of a contravention of"; and

   (d)  by adding at the end thereof the following sub-section:



"(6) Where levy is payable under the Fisheries Licences Levy Act 1984
on the grant of, the renewal of or the making under this Act of an entry in a
licence under this Act-

   (a)  the licence shall be taken, for the purposes of this section, to be a
        leviable licence; and

   (b)  the amount of the levy or the sum of the amounts of the levy, as the
        case requires, shall be taken, for the purposes of this section, to be
        the relevant levy amount in relation to the licence.".