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FISHERIES LEGISLATION AMENDMENT ACT 2016 (NO 23 OF 2016) - SECT 5

Section 4 amended

(1)     Section 4(1)

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, unless the contrary intention appears

(2)     Section 4(1), definitions "assistant", nominated person , noxious aquatic life", "noxious fish , operative management plan", "short term operator , State , temporary transferee and Territory of the Commonwealth

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(3)     Section 4(1)

insert (in alphabetical order)

"acting in an official capacity", in relation to an authorised officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

"alleged offender", see section 46H.

"approved operator" means a person approved under section 17A.

"authorised officer" means the Director, a Fisheries Officer or a Fisheries Inspector.

"confiscation offence" means an offence prescribed by regulation for Part 4, Division 4B.

"container" includes a cupboard, drawer, chest, trunk, box, cage, package or other receptacle.

"contravention notice", see section 46H.

"delegate decision", see section 50(1).

"Fisheries Inspector" means a person appointed to be a Fisheries Inspector under section 7A.

"fishing gear" includes a net, line, pot, apparatus, device or thing capable of being used in fishing.

"fishing monitoring" means the monitoring of fishing, including by the use of fishing monitoring equipment.

"fishing monitoring equipment" means equipment, including electronic equipment, whether or not fitted to a vessel:

    (a)     to detect when and where fishing from a vessel occurs; and

    (b)     to record catch information.

Examples for definition fishing monitoring equipment

1     Sensors.

2     A digital video camera.

3     A computer system.

"fishing operations" means any operations that are authorised to be conducted, or any other thing that is authorised to be done, under a licence or permit.

"fit and proper person", see section 17B.

"infringement notice", see section 46B.

"infringement notice offence", see section 46A(1).

"management area", see fishery management area .

"management plan", see fishery management plan .

"Ministerial guidelines" means guidelines made by the Minister under section 20D.

"noxious species" means fish or aquatic life that is prescribed by regulation to be a noxious species.

"permit offence" means:

    (a)     an offence against section 11(2), (3), (4), (5), (6) or (7); or

    (b)     an offence against section 14(7) for contravention of a condition of a permit.

"person in charge", of fishing operations under a licence or permit, means a person appointed under section 17E in relation to those fishing operations.

"prescribed amount", see section 46A(2).

"quota", allocated to a licence, means any entitlement, however described, under a quota system, allocated or attached to the licence.

Examples for definition quota

1     A unit entitling a licensee to take fish in a fishery for a specified period of time during a licensing year.

2     A unit entitling a licensee to be allocated a share of total allowable catch for a certain species group.

"quota system" means a system for managing a fishery, or a designated part of a fishery, determined by reference to one or more of the following:

    (a)     the quantity of fish or aquatic life, or a designated species or type of fish or aquatic life, that may be taken;

    (b)     the amount of fishing gear that may be used;

    (c)     the amount of time that may be spent fishing;

    (d)     the number of vessels that may be used for fishing;

    (e)     the number of persons that may engage in fishing;

    (f)     any other matter.

"registered third party interest" means a third party interest registered under section 9A.

"relevant instrument", for Part 6, Division 2, see section 63A.

"tender vessel "means a vessel that is carried by, or attached to, another vessel for the purpose of supporting fishing.

"third party interest" means an interest held in a licence, or quota allocated to a licence, as security for the payment or repayment of money.

"vessel monitoring" means the monitoring of vessels, including by the use of a vessel monitoring system.

"vessel monitoring system" means an electronic device that is fitted to a vessel to give information about the vessel's course or position, or similar information.

(4)     Section 4(1), definition arrangement

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VI

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6

(5)     Section 4(1), definition Commonwealth Act

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of the Commonwealth

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(Cth)

(6)     Section 4(1), definition fishery management plan or management plan

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management plan approved under Part III for a

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plan approved under Part 3, or Part 6, Division 2, Subdivision 2, for a management area or managed

(7)     Section 4(1), definition "permit", after "Act"

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or, as the context requires, a permit document issued as a consequence of the grant of a permit

(8)     Section 4(1), definition possession

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package,

(9)     Section 4(1), definition prescribed decision

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fishery

(10)     Section 4(1), definition trans-ship at sea , paragraph (b)

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boat

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vessel

(11)     Section 4(1), at the end

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Note for subsection (1)

The Interpretation Act contains definitions and other provisions that may be relevant to this Act.

(12)     Section 4(3)

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