Victorian Current Acts Victorian Current Acts(1) The Governor in Council, on the recommendation of the Minister, may by Order published in the Government Gazette authorise the taking, trading in or keeping of any fish that is a member or part of a listed taxon of fauna or a listed community of flora or fauna, subject to the terms and conditions fixed by the Governor in Council in the Order.
(2) In deciding whether to recommend that an Order be made under this section the Minister must take into account the prescribed criteria for making that decision.
(3) The Minister must not recommend the making of an Order under this section in relation to any fish referred to in subsection (1), if in the opinion of the Minister to do so would threaten the conservation of the listed taxon of fauna or the listed community of flora or fauna of which the fish is a member or part.
(4) Before an Order is made under this section, the Minister must ensure that a draft of the proposed Order is published on the Internet together with a statement that submissions may be made on the proposed Order to the Minister within 30 days after publication of the draft.
(5) Any person may make a submission on the proposed Order within 30 days of the publication of the draft of the proposed Order under subsection (4).
(6) The Minister must consider any submissions made on the proposed Order received within the 30-day period before making the Order with or without changes.
(7) An Order under this section remains in force for the period specified in the Order which must not exceed 10 years after the Order takes effect.
(8) An authorisation under this section does not authorise a person to take, trade in or keep fish in any circumstances in which that action is prohibited under the Fisheries Act 1995 .
S. 53B inserted by No. 28/2019 s. 26.