2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Territory and Municipal Services)

2006

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Territory and Municipal Services)

An Act to amend the Fisheries Act 2000, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Fisheries Amendment Act 2006.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Fisheries Act 2000.

Note This Act also amends the Fisheries Regulation 2001 (see s 24).

(d) priority species licences.

A priority species licence authorises the licensee to do 1 or more of the following in relation to a commercial quantity of fish of a priority species:

(a) sell the fish;

(b) possess or gain possession or control of the fish for sale;

(c) receive the fish;

(d) process the fish.

section 16, 17 or 21

section 33, section 34 or section 38

(1) In deciding whether to issue a priority species licence, the conservator must consider—

(a) whether the applicant has been convicted, or found guilty, of an offence against this Act, the Nature Conservation Act 1980, part 4, or a law of a State corresponding to this Act or that part; and

(b) how fish of a priority species would be stored and transported; and

(c) the impact of issuing the licence on the availability of fish of a priority species.

(2) Subsection (1) does not limit the matters the conservator may consider in deciding whether to issue a priority species licence.

(2) A scientific licence and a priority species licence are issued for the term of not longer than 3 years stated in the licence.

(1A) The holder of a priority species licence must—

(a) make a record of all fish of a priority species the holder receives or sells; and

(b) if a direction is in force under subsection (4) in relation to the record—make the record in accordance with the direction.

Maximum penalty: 50 penalty units.

(2A) Subsections (1), (1A) and (2) apply whether or not—

(a) the fish were sold to a purchaser within the ACT; or

(b) the fish were taken from waters in the ACT.

under subsection (1) or (2)

under subsection (1), (1A) or (2)

(1A) If a person makes a record as required under section 46 (1A), the person must keep the record for at least 5 years.

Maximum penalty: 50 penalty units.

Note 1 For how documents may be given, see the Legislation Act, pt 19.5.

Note 2 For offences in relation to giving false or misleading information to a person exercising a function under a Territory law etc, see the Criminal Code, pt 3.4 (False or misleading statements, information and documents).

(1A) The conservator may, by written notice to the holder of a priority species licence, require the licence holder to give the conservator, within a reasonable time stated in the notice, the information about the fish received or sold by him or her stated in the notice.

under subsection (1) or (2)

under subsection (1), (1A) or (2)

(1) A person commits an offence if—

(a) the person traffics in a commercial quantity of fish of a priority species; and

(b) the person does not hold a priority species licence authorising the trafficking.

Maximum penalty: 1000 penalty units, imprisonment for 10 years or both.

(2) This section does not apply if the person receives or processes the fish for personal or domestic consumption.

(3) In this section:

traffic in fish includes—

(a) sell fish; and

(b) possess or gain possession or control of fish with the intention of selling any of it; and

(c) receive fish; and

(d) process fish.

(1) A person commits an offence if—

(a) the person takes a commercial quantity of fish of a priority species in a 24-hour period; and

(b) the person does not hold a priority species licence authorising the taking.

Maximum penalty: 1000 penalty units, imprisonment for 10 years or both.

(2) This section does not apply if the person takes the fish for personal or domestic consumption.

(3) In this section:

take means gain possession or control by any means.

(1) A person commits an offence if—

(a) the person possesses a commercial quantity of fish of a priority species; and

(b) the person does not hold a priority species licence authorising the possession.

Maximum penalty: 500 penalty units, imprisonment for 5 years or both.

(2) This section does not apply if the person possesses the fish for personal or domestic consumption.

(ca) section 28A (Issue of priority species licences—relevant considerations);

abalone means blacklip and greenlip abalone and includes all other species of abalone.

commercial quantity of fish of a priority species means the quantity prescribed by regulation as a commercial quantity of the fish.

fish of a priority species means—

(a) abalone; and

(b) rock lobster; and

(c) fish of any other species prescribed by regulation as a priority species.

(d) a priority species licence.

priority species licence means a licence mentioned in section 22A.

rock lobster means an animal of the genus Jasus.

The quantity of fish of a priority species that is a commercial quantity is as follows:

(a) for abalone—100 or more;

(b) for rock lobster—20 or more.

Presentation speech made in the Legislative Assembly on 2006.

Notified under the Legislation Act on 2006.

For the latest republication of amended laws, see www.legislation.act.gov.au.