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TASMANIA
__________
LIVING MARINE MISCELLANEOUS
AMENDMENTS (DIGITAL PROCESSES) BILL 2021
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - LIVING MARINE RESOURCES MANAGEMENT ACT 1995
AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 63 amended (Fishing certificate)
6. Section 74A inserted
74A. Interpretation of Division
7. Sections 77, 78 and 78A substituted
76A. Eligible person
76B. Suitability of person to be eligible person
76C. Certain persons taken to be eligible persons
76D. Review of approval as eligible person
76E. Licence depends on holder's approval as eligible
person
77. Applications in relation to a licence
77A. Licensing agent
78. Grant of licence
8. Sections 81, 82 and 83 substituted
81. Renewal of licence
82. Transfer of licence
[Bill 26]-VII
83. Variation of licence
9. Section 87 amended (Prohibition on use of licence by other
persons)
10. Section 88 amended (Substitute licensee)
11. Section 89 amended (Supervision of activities)
12. Section 90 substituted
90. Cancellation or suspension of licence
13. Section 145 amended (Records)
14. Sections 145A and 145B inserted
145A. Approval of electronic record system
145B. Submission of documents electronically
15. Section 191 amended (Production of records and documents)
16. Section 215A substituted
215A. Service, &c., of documents, records and other
information
17. Section 221 amended (Certificates relating to licensing and
statistical matters)
18. Sections 249 and 250 repealed
19. Part 10, Division 1A inserted
Division 1A - Electronic decision making
273A. Interpretation
273B. Approval of computer program
273C. Replacing an electronic decision
273D. Evidence of whether computer is functioning
correctly
20. Section 298 amended (Register)
21. Section 298A inserted
298A. Application to magistrate for correction of demerit
points entry in register
22. Section 302 repealed
23. Section 308 inserted
308. Savings and transitionals
PART 3 - FISHING (LICENCE OWNERSHIP AND INTEREST)
REGISTRATION ACT 2001 AMENDED
24. Principal Act
25. Section 9 amended (Register)
2
26. Section 13 amended (Record of original entry)
27. Section 14 amended (Lost or damaged record of original entry)
28. Section 18 substituted
18. Signature of Registrar
PART 4 - REPEAL OF ACT
29. Repeal of Act
3
4
LIVING MARINE MISCELLANEOUS
AMENDMENTS (DIGITAL PROCESSES) BILL 2021
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
24 August 2021
(Brought in by the Minister for Primary Industries and Water,
the Honourable Guy Barnett)
A BILL FOR
An Act to amend the Living Marine Resources Management
Act 1995 and the Fishing (Licence Ownership and Interest)
Registration Act 2001
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Living Marine
Miscellaneous Amendments (Digital Processes)
Act 2021.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
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s. 3 Part 2 - Living Marine Resources Management Act 1995 Amended
PART 2 - LIVING MARINE RESOURCES
MANAGEMENT ACT 1995 AMENDED
3. Principal Act
In this Part, the Living Marine Resources
Management Act 1995* is referred to as the
Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of approved:
approved electronic record system
means the electronic record
system approved under section
145A;
(b) by inserting the following definitions
after the definition of species:
structure includes a platform,
pontoon, jetty, building or any
other thing used in connection
with fishing or marine farming;
suitable person - see section 76B;
(c) by omitting the definition of structure.
_______________________________________________________________
*No. 25 of 1995
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5. Section 63 amended (Fishing certificate)
Section 63(1) of the Principal Act is amended by
inserting "in such form (including electronic
form) as the Secretary thinks fit" after "the
person".
6. Section 74A inserted
Before section 75 of the Principal Act, the
following section is inserted in Division 5:
74A. Interpretation of Division
(1) In this Division -
category, of licence - see section
76A(1);
commercial fishing licence means a
licence that authorises the licence
holder to carry out fishing for
commercial purposes;
eligible person, in respect of a
category of licence, means -
(a) a person that has been
approved as eligible to
hold a licence of that
category by the Secretary
under section 76A; or
(b) a person that is taken to
be approved as eligible to
hold a licence of that
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category under section
76C;
recreational fishing licence means a
licence that authorises the licence
holder to carry out recreational
fishing.
(2) For the purposes of this Division, a
person is eligible to hold a licence if the
person is an eligible person in respect of
that category of licence.
7. Sections 77, 78 and 78A substituted
Sections 77, 78 and 78A of the Principal Act are
repealed and the following sections are
substituted:
76A. Eligible person
(1) The categories of licence are as follows:
(a) recreational fishing licence;
(b) commercial fishing licence;
(c) marine farming licence;
(d) fish processing licence;
(e) handling licence.
(2) A person may apply to the Secretary to
be approved as eligible to hold a licence
of a particular category.
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(3) An application under subsection (2)
must -
(a) be made in an approved form;
and
(b) specify the category of licence to
which the application relates; and
(c) contain the information required
in the approved form; and
(d) be accompanied by the prescribed
fee.
(4) The Secretary may grant an application
for a person to be approved as eligible to
hold a licence of a particular category,
with or without conditions, or may refuse
to grant the application.
(5) The Secretary may only grant an
application under subsection (4) if
satisfied that -
(a) the applicant is a suitable person
to hold a licence of the category
specified in the application; and
(b) in the case of a natural person
who is applying to be eligible to
hold a licence of a category, other
than the category of licence for
recreational fishing, the person is
an adult.
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(6) If a person's application to be eligible to
hold a licence of a particular category is
refused under this section, the person
may not make a further application in
respect of that category of licence under
this section until 12 months has lapsed
from the date on which the person's
application was refused.
(7) The Secretary may require a person to -
(a) provide such further information
as the Secretary considers
necessary in order to consider the
application; and
(b) verify by statutory declaration
any information given in
connection with an application
under this section.
(8) The Secretary may defer a decision on an
application under subsection (2) pending
the determination or discontinuation of
any proceedings against the applicant for
an offence against -
(a) this Act; or
(b) any other Act that the Secretary
considers relevant to the making
of the decision; or
(c) a corresponding law.
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76B. Suitability of person to be eligible person
(1) In this section -
applicant means a person applying to
be approved as eligible to hold a
licence of a particular category
under section 76A.
(2) For the purposes of determining whether
an applicant or an eligible person is a
suitable person to hold a licence of a
particular category, the Secretary may
take into account the following matters:
(a) in the case of an applicant,
whether the applicant is a fit and
proper person to hold a licence of
that category;
(b) in the case of an eligible person,
whether the eligible person is or
remains a fit and proper person to
hold a licence of that category;
(c) whether the applicant or eligible
person has, within the last 5
years, been convicted of any
offence, under this Act, any other
Act or a corresponding law,
which the Secretary considers is
relevant to the holding of a
licence of that category;
(d) whether the applicant or eligible
person has any unpaid fees,
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levies, charges or royalties due
and payable by the person under
this Act;
(e) anything else that the Secretary
considers relevant.
(3) In determining whether an applicant or
an eligible person is a suitable person to
hold a licence of a particular category,
the Secretary may take all steps and
make all inquiries that are reasonable and
appropriate.
76C. Certain persons taken to be eligible persons
(1) This section applies subject to section
76D.
(2) A person who applies for or holds a
recreational fishing licence is taken to be
approved as eligible to hold a licence of
that category under section 76A.
(3) A person who held a fishing licence of a
particular category immediately before
the commencement of this section is
taken to be approved as eligible under
section 76A to hold a licence of that
category.
(4) For the avoidance of doubt, a person who
is taken under this section to be approved
as eligible to hold a licence of a
particular category is not taken to be
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approved as eligible to hold a licence of
any other category.
76D. Review of approval as eligible person
(1) The Secretary may investigate an eligible
person to determine whether the person
is a suitable person to hold a licence of
the category in respect of which the
person is an eligible person at the
following times:
(a) in the case of an eligible person
who is the holder of a recreational
fishing licence, at any time;
(b) in the case of an eligible person
who is the holder of a licence
other than a recreational fishing
licence -
(i) when the person renews
the licence; or
(ii) if the person is convicted
of an offence under this
Act, any other Act or a
corresponding law, at that
time;
(c) in the case of person who is
eligible to hold a licence of a
particular category but has not
held a licence of that category
during the past 2 years, at any
time.
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(2) If, following an investigation under
subsection (1), the Secretary determines
that an eligible person is not a suitable
person to hold a licence of a particular
category, the Secretary must notify the
person in writing that they are no longer
eligible to hold a licence of that category.
(3) If the Secretary provides a person with
written notification under subsection (2)
that they are no longer eligible to hold a
licence of a particular category, from the
date specified in the notice, the following
applies:
(a) if the person has been approved
as eligible to hold a licence of
that category under section 76A,
that approval is revoked;
(b) if section 76C applies to that
person in respect of a licence of
that category, the person is no
longer taken to be eligible to hold
a licence of that category under
that section.
(4) The Secretary may not notify an eligible
person under subsection (2) that they are
no longer eligible to hold a licence of a
particular category unless the Secretary
has -
(a) at least 14 days before notifying
the person under subsection (2),
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issued a notice to the eligible
person -
(i) advising that the
Secretary has determined
that the person is not a
suitable person to hold a
licence of that category;
and
(ii) specifying the grounds on
which the Secretary has
determined that the
person is not suitable to
hold a licence of that
category; and
(iii) inviting the person to
provide to the Secretary,
within 14 days after
receiving the notice,
written reasons as to why
the person is a suitable
person to hold a licence of
that category; and
(b) considered any written reasons
provided to the Secretary under
subsection (5).
(5) An eligible person to whom a notice has
been issued under subsection (4)(a) may
provide to the Secretary, within 14 days
after receiving the notice, written reasons
as to why the person is a suitable person
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to hold a licence of the category specified
in the notice.
(6) If the Secretary determines that a person
is not a suitable person to hold a licence
of a particular category under this
section, that person may not make a
further application under section 76A, to
be approved as eligible to hold a licence
of that category, for a period of 12
months from the date of the
determination.
76E. Licence depends on holder's approval as
eligible person
(1) If the Secretary notifies a person under
section 76D(2) that they are no longer
eligible to hold a licence of a particular
category, the Secretary must cancel any
licences of that category held by that
person.
(2) A cancellation under subsection (1) takes
effect as soon as the holder of the licence
is given written notice of the cancellation
of the licence by the Secretary.
77. Applications in relation to a licence
(1) An application for the grant, renewal,
variation or transfer of a licence or quota
or entitlement under a licence -
(a) may be made by a person who is
eligible to hold the licence; and
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(b) must be made to the Secretary in
an approved form; and
(c) must contain the information
required in the approved form;
and
(d) must be accompanied by the
prescribed fee.
(2) The Secretary may require a person to
provide such further information as the
Secretary considers necessary in order to
consider the application.
77A. Licensing agent
(1) In this section -
party to a deed of agreement means a
person who has a right to take
and acquire commercially
protected fish pursuant to a deed
of agreement.
(2) The following persons may nominate an
adult to be a licensing agent for the
purposes of a licence or a deed of
agreement:
(a) a person applying for a licence;
(b) the holder of a licence;
(c) a party to a deed of agreement.
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(3) A person applying for the grant of a
commercial fishing licence must
nominate an adult to be the licensing
agent for the purposes of the licence if
the applicant is a partnership, a
corporation or a trustee.
(4) The nomination of a person to be a
licensing agent under this section must -
(a) be made to the Secretary in an
approved form; and
(b) specify those activities that the
licence holder or party to the deed
of agreement authorises the
licensing agent to carry out on
behalf of the licence holder or the
party to the deed of agreement;
and
(c) contain the information required
in the approved form.
(5) Activities that may be specified under
subsection (4)(b) include, but are not
limited to, the following activities:
(a) the provision of specified classes
of records, documents or
information, on behalf of the
licence holder or the party to the
deed of agreement;
(b) access and use of any specified
online facility on behalf of the
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licence holder or the party to the
deed of agreement;
(c) the receipt of specified classes of
records, documents or
information, on behalf of the
licence holder or the party to the
deed of agreement;
(d) the signing of specified classes of
records, documents or
information, on behalf of the
licence holder or the party to the
deed of agreement;
(e) specified actions of an
administrative nature required or
permitted under this Act, on
behalf of the licence holder or the
party to the deed of agreement.
(6) Any notice or other document required to
be served on the holder of a licence or a
party to a deed of agreement by or under
this Act is taken to be served on the
holder of the licence or the party to the
deed of agreement if such service on the
licensing agent is an activity authorised
under subsection (4)(b).
(7) A licensing agent under this section is
not entitled to any rights conferred by, or
interest in, a licence only because the
person is a licensing agent.
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(8) The holder of a licence or a party to a
deed of agreement may revoke the
nomination of a licensing agent for the
licence or deed of agreement by notice in
writing to the Secretary in the approved
form.
(9) The holder of a commercial fishing
licence that is a partnership, a
corporation or a trustee must nominate a
new licensing agent for the purposes of
that licence in accordance with
subsection (4) if -
(a) the licensing agent has had his or
her nomination as a licensing
agent revoked under subsection
(8); or
(b) the licensing agent is no longer
able to carry out the activities of a
licensing agent for the purposes
of the licence.
78. Grant of licence
(1) The Secretary may grant an application
for a licence with or without conditions.
(2) The Secretary may refuse to grant a
licence to an applicant -
(a) if the applicant is not eligible to
hold the licence; or
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(b) if the applicant is disqualified
from holding the licence; or
(c) if there are environmental or
resource constraints on granting
the licence; or
(d) if granting the application will
contravene a management plan;
or
(e) on such other grounds that the
Secretary considers reasonable
for refusing the application.
(3) The Secretary must not grant a licence
under this section if the application is for
a licence to replace a licence that -
(a) has been surrendered or
cancelled; or
(b) is suspended.
8. Sections 81, 82 and 83 substituted
Sections 81, 82 and 83 of the Principal Act are
repealed and the following sections are
substituted:
81. Renewal of licence
(1) The holder of a licence may, before the
licence ceases to be in force, apply to the
Secretary for the renewal of the licence.
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(2) The Secretary may, on payment of the
prescribed fee, renew the licence with or
without conditions.
(3) The Secretary may refuse to renew the
licence -
(a) if the applicant has failed to
comply with a condition of the
licence in the previous 5 years; or
(b) if the applicant is disqualified
from holding the licence; or
(c) if there are environmental or
resource constraints on renewing
the licence; or
(d) in the case of a fish processing
licence -
(i) if any place, vessel or
vehicle to which the
licence relates has not
been used to process fish
within the previous 2
years; or
(ii) if the Secretary of a
Department administering
any Act relating to public
health has advised the
Secretary not to renew the
licence; or
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(e) if the applicant has not paid any
fees, levies, charges or royalties
due and payable by that person
under this Act; or
(f) on such other grounds that the
Secretary considers reasonable
for refusing the application.
(4) If the application for the renewal of the
licence is not determined by the
Secretary before the day on which it
ceases to be in force, it is, despite
section 80, taken to continue in force
until it is renewed or its renewal is
refused under this section.
82. Transfer of licence
(1) The holder of a licence may apply to the
Secretary to transfer -
(a) the licence to a person (the
transferee); or
(b) a quota or entitlement under the
licence to another licence holder.
(2) The Secretary may grant an application
to transfer a licence, or transfer a quota
or entitlement under a licence, with or
without conditions.
(3) The Secretary may refuse to grant an
application for the transfer of a licence -
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(a) if the transferee is not eligible to
hold the licence; or
(b) if the transferee is disqualified
from holding the licence; or
(c) if granting the application will
contravene a management plan;
or
(d) if there are environmental or
resource constraints on granting
the application; or
(e) if, in respect of a relevant licence
within the meaning of the Fishing
(Licence Ownership and Interest)
Registration Act 2001, an
application has not been made
under that Act by the owner of
that licence to cancel all entries in
the register under that Act
relating to that licence; or
(f) if the applicant has not paid any
fees, levies, charges or royalties
due and payable by that person
under this Act; or
(g) on such other grounds that the
Secretary considers reasonable
for refusing the application.
(4) The Secretary may refuse to grant an
application for the transfer of a
commercial fishing licence if the
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transferee is a partnership, a corporation
or a trustee and the transferee has not
nominated an adult to be the licensing
agent for the purposes of the licence in
accordance with section 77A.
(5) The Secretary may refuse to grant an
application to transfer a quota or
entitlement under a licence under
subsection (1)(b) -
(a) if granting the application will
contravene a management plan;
or
(b) if there are environmental or
resource constraints on granting
the application; or
(c) if, in respect of a relevant licence
within the meaning of the Fishing
(Licence Ownership and Interest)
Registration Act 2001, an
application under that Act has not
been made by the owner of that
licence and the other licensee to
vary an entry in the register
relating to the quota or
entitlement under the licence; or
(d) if the applicant has not paid any
fees, levies, charges or royalties
due and payable by that person
under this Act; or
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(e) on such other grounds that the
Secretary considers reasonable
for refusing the application.
(6) The Secretary may defer a decision on an
application under subsection (1) pending
the determination or discontinuation of
any proceedings against the applicant,
the transferee or an associate of the
transferee for an offence against -
(a) this Act; or
(b) any other Act that the Secretary
considers relevant to the making
of the decision; or
(c) a corresponding law.
(7) For the purposes of subsection (6), a
person is an associate of the transferee if
the person -
(a) holds or will hold any relevant
financial interest, or is or will be
entitled to exercise any relevant
power (whether in the person's
own right or on behalf of any
other person), in a business of the
proposed transferee and, by virtue
of that interest or power, is able
or will be able to exercise a
significant influence over or in
respect of the management or
operation of that business; or
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(b) holds or will hold any relevant
position (whether in the person's
own right or on behalf of any
other person) in a business of the
transferee; or
(c) is a relative of the transferee.
(8) In this section -
relative means -
(a) the spouse, parent, child
or sibling (whether of the
full or half blood); or
(b) the person with whom a
person is in a personal
relationship within the
meaning of the
Relationships Act 2003;
relevant financial interest, in relation
to a business, means -
(a) any share in the capital of
the business; or
(b) any entitlement to receive
any income derived from
the business;
relevant position, in relation to a
business, means the position of
director, manager or other
executive position or secretary,
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however that position is
designated in that business;
relevant power means any power,
whether exercisable by voting or
otherwise and whether
exercisable alone or in
association with others -
(a) to participate in a
directorial, managerial or
executive decision; or
(b) to elect or appoint any
person to any relevant
position.
83. Variation of licence
(1) The Secretary may, at any time, vary a
licence by notice to the holder of the
licence.
(2) The variation of a licence under
subsection (1) may be made -
(a) on the application of the holder of
the licence; or
(b) on the Secretary's own initiative.
(3) The Secretary must not vary a licence
under subsection (1) if -
(a) varying the licence will
contravene a management plan;
or
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(b) varying the licence will
contravene a marine farming
development plan under the
Marine Farming Planning Act
1995; or
(c) varying the licence will, if it
includes matters provided for
under a deed of agreement, be
inconsistent with that deed of
agreement; or
(d) there are environmental or
resource constraints on varying
the licence.
(4) The Secretary may defer a decision on an
application under subsection (2)(a)
pending the determination or
discontinuation of any proceedings
against the applicant for an offence
against -
(a) this Act; or
(b) any other Act that the Secretary
thinks is relevant to the making of
that decision; or
(c) a corresponding law.
(5) If the Secretary varies a licence, the
Secretary -
(a) may require the holder to return
the previously issued licence; and
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(b) is to issue a substitute licence.
(6) A variation of a licence takes effect on
the day on which the substitute licence is
issued.
(7) In this section -
vary a licence includes vary the
conditions of the licence by doing
one or more of the following:
(a) omitting an existing condition;
(b) amending an existing condition;
(c) adding a new condition.
9. Section 87 amended (Prohibition on use of licence
by other persons)
Section 87 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Minister's" and substituting
"Secretary's";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) The Secretary may, for the
purposes of subsection (1), grant
an approval for a person to use a
licence if satisfied that the person
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for whom the approval is
sought -
(a) is eligible to hold the
licence; and
(b) is not disqualified from
holding a licence under
this Act.
(c) by omitting from subsection (2A)
"Minister" first occurring and
substituting "Secretary";
(d) by omitting from subsection (2A)(a)
"Minister" and substituting "Secretary";
(e) by omitting from subsection (4)
"Minister" and substituting "Secretary".
10. Section 88 amended (Substitute licensee)
Section 88 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Minister" and substituting "Secretary";
(b) by omitting from subsection (2)
"Minister" and substituting "Secretary";
(c) by inserting the following subsections
after subsection (2):
(3) A substitute licensee for a licence
is, for the purposes of this
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section, taken to be approved as
eligible to hold that category of
licence under section 76A.
(4) For the avoidance of doubt, a
substitute licensee is not taken to
be approved as eligible to hold a
category of licence under section
76A for the purpose of applying
for or holding any other licence.
11. Section 89 amended (Supervision of activities)
Section 89 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (2);
(b) by omitting from subsection (5)
"Minister" and substituting "Secretary";
(c) by omitting subsection (6).
12. Section 90 substituted
Section 90 of the Principal Act is repealed and
the following section is substituted:
90. Cancellation or suspension of licence
(1) In this section -
approved user, of a licence, means a
person who is allowed to use the
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licence pursuant to an approval
under section 87.
(2) The Secretary may, by notice in writing,
cancel a licence, or suspend it for a
period of up to 5 years, if -
(a) the licence holder, or a supervisor
or an approved user, of the
licence is convicted of an offence,
against this Act, another Act or a
corresponding law, being an
offence of a kind that is -
(i) relevant to the holding,
supervision or use of the
licence; and
(ii) of such character as to
merit the cancellation or
suspension of the licence;
or
(b) the holder, or a supervisor or
approved user, of the licence is
convicted of an offence, against a
corresponding law or a law of
New Zealand, that is the
equivalent of an offence under
this Act; or
(c) the holder, or a supervisor or
approved user, of the licence
contravenes a condition of the
licence; or
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(d) the holder, or a supervisor or
approved user, of the licence
contravenes a provision of this
Act relating to the keeping or
supply of any records, accounts
or other information; or
(e) a fee or charge or other money
payable in respect of the licence
is not paid by the due date.
(3) The authority conferred by a licence is of
no effect while it is suspended.
(4) The Secretary may not cancel or suspend
a licence under subsection (2) unless the
Secretary has -
(a) at least 14 days before the
cancellation or suspension, issued
a notice to the holder of the
licence -
(i) advising that the
Secretary intends to
cancel or suspend the
licence; and
(ii) specifying the grounds on
which the Secretary
intends to cancel or
suspend the licence; and
(iii) inviting the person to
provide to the Secretary
within 14 days after
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receiving the notice,
written reasons as to why
the licence ought not to be
cancelled or suspended;
and
(b) considered any written reasons
provided to the Secretary under
subsection (5).
(5) The holder of a licence to whom a notice
has been issued under subsection (4)(a)
may provide to the Secretary, within 14
days after receiving the notice, written
reasons as to why the licence should not
be cancelled or suspended as proposed in
the notice.
(6) The cancellation or suspension of a
licence under this section takes effect as
soon as the licence holder has been given
notification of the cancellation or
suspension under subsection (2).
13. Section 145 amended (Records)
Section 145(1) of the Principal Act is amended
by inserting "complete and" after "must".
14. Sections 145A and 145B inserted
After section 145 of the Principal Act, the
following sections are inserted in Division 2:
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145A. Approval of electronic record system
(1) The Secretary may approve an electronic
record system for the purpose of
completing, submitting, supplying and
keeping records, documents, accounts
and other information required to be
completed, submitted, supplied or kept
under this Act.
(2) The Secretary may approve the electronic
record system under subsection (1) to be
used in respect of the completing,
submitting, supplying and keeping of
records, documents, accounts and other
information in respect of all licences, in
respect of a category or categories of
licences or in respect of one or more
fisheries.
(3) The Secretary may publish on a public
website maintained by the Department,
instructions setting out requirements for
the use of the approved electronic record
system.
145B. Submission of documents electronically
(1) A person may complete, submit, supply
and keep documents, records, accounts
and other information required to be
completed, submitted, supplied or kept
under this Act using the approved
electronic record system.
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(2) If a person uses the approved electronic
record system to complete, submit,
supply or keep, documents, records,
accounts or other information required to
be completed, submitted, supplied or
kept under this Act, that person must do
so in accordance with any instructions
published under section 145A(3).
Penalty: Fine not exceeding 200 penalty
units.
(3) If a provision of this Act specifies
requirements in relation to the
completion, submission, supply or
keeping of a document, record, account
or other information by a person, that
person is taken to have complied with
those requirements if the document,
record, account or other information is
completed, submitted, supplied or kept
using the approved electronic record
system -
(a) within the time required for the
completion, submission, supply
or keeping of the document,
record, account or other
information under this Act; and
(b) in accordance with any
instructions for the use of the
approved electronic record
system published by the Secretary
under section 145A(3).
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(4) A fisheries officer may require a person
to provide the fisheries officer with
access to the person's electronic records
in the approved electronic record system.
(5) A person must not, without reasonable
excuse, fail to comply with a requirement
of a fisheries officer under subsection
(4).
Penalty: Fine not exceeding 20 penalty
units.
15. Section 191 amended (Production of records and
documents)
Section 191 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) ", or a
copy of any record or document," after
"document";
(b) by inserting in subsection (1)(b) ", or a
copy of any document," after
"document";
(c) by inserting the following subsection
after subsection (1):
(1A) The records or documents that a
person may be required to
produce under subsection (1)
include, but are not limited to
including, a record, or document,
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in writing that reproduces, in a
comprehensible form,
information in the possession of
the person that is stored by an
electronic device, object or
process.
16. Section 215A substituted
Section 215A of the Principal Act is repealed
and the following section is substituted:
215A. Service, &c., of documents, records and
other information
(1) Any document, record or other
information authorised or required by or
under this Act to be given to, issued to,
supplied to or served on a person may be
given, issued, supplied or served to or on
that person -
(a) by delivering it to the person
personally; or
(b) by delivering it to the place of
residence or business of the
person and by leaving it there for
the person with some other
person who is apparently more
than 16 years of age; or
(c) by posting it duly stamped and
addressed to the person at the
place last shown in the records of
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the Secretary as the person's
place of residence or business; or
(d) by delivering it electronically to
an email address nominated by
the person as an email address for
the giving or service of
documents, records or other
information; or
(e) by sending it by any other
electronic means nominated by
the person as a means of giving
or serving documents, records or
other information.
(2) Nothing in this section affects the
operation of any provision of another
law, or of the rules of a court, authorising
a document to be served on a person in
any other manner.
17. Section 221 amended (Certificates relating to
licensing and statistical matters)
Section 221(1)(j) of the Principal Act is
amended by omitting "nominated person under
section 77" and substituting "licensing agent".
18. Sections 249 and 250 repealed
Sections 249 and 250 of the Principal Act are
repealed.
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19. Part 10, Division 1A inserted
After section 273 of the Principal Act, the
following Division is inserted in Part 10:
Division 1A - Electronic decision making
273A. Interpretation
In this Division -
approved computer program means a
computer program that is
approved by the Secretary under
section 273B;
electronic decision means a decision
made by the operation of an
approved computer program.
273B. Approval of computer program
(1) The Secretary may approve, in writing, a
computer program, which is under the
Secretary's control, to be used to make a
decision under the following provisions:
(a) section 78;
(b) section 81;
(c) section 82;
(d) section 83;
(e) section 87;
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(f) such other section of this Act as
may be prescribed.
(2) The Secretary is to publish notice of the
approval of a computer program under
subsection (1) -
(a) in the Gazette; or
(b) on a public website maintained
by the Department.
(3) An electronic decision is taken to be a
decision made by the Secretary.
273C. Replacing an electronic decision
(1) This section applies if the Secretary is
satisfied that an electronic decision that
was made by the operation of an
approved computer program was made at
a time when the approved computer
program was not functioning correctly.
(2) An approved computer program is not
functioning correctly if the electronic
decision that was made by the approved
computer program is not the same as the
decision that the Secretary would have
made if the Secretary had made the
decision.
(3) The Secretary may revoke the electronic
decision and replace it with the decision
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that the Secretary would have made if the
Secretary had made the decision.
(4) The Secretary may do so -
(a) on the initiative of the Secretary;
or
(b) on the written application of the
applicant who had sought the
electronic decision.
(5) If the Secretary revokes an electronic
decision after the Secretary has notified
the applicant about the electronic
decision, the Secretary must, as soon as
practicable after revoking the electronic
decision, give to the applicant a written
notice that states -
(a) that the electronic decision has
been revoked; and
(b) the reasons for revoking the
electronic decision; and
(c) the new decision.
273D. Evidence of whether computer is functioning
correctly
(1) In this section -
computer function notice means a
document that -
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(a) is, or is purported to be, signed by
the Secretary; and
(b) states whether or not a specified
computer program was
functioning correctly -
(i) in relation to a specified
electronic decision; and
(ii) at a specified time or
during a specified period.
(2) In any proceedings, a computer function
notice is prima facie evidence of the
matters that are stated in the notice.
(3) A computer program is functioning
correctly if an electronic decision that the
computer program makes is the same as
the decision that the Secretary would
have made if the Secretary had made the
decision.
20. Section 298 amended (Register)
Section 298 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(c)
"certificates." and substituting
"certificates; and";
(b) by inserting the following paragraph after
paragraph (c) in subsection (1):
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(d) the particulars of any demerit
point allocated to a person,
licence or fishing certificate.
(c) by omitting subsection (2) and
substituting the following subsections:
(2) The register may be kept in any
form, including electronic form,
that the Secretary approves.
(2A) Subject to subsection (2B), the
Secretary may allow a person -
(a) on payment of the
prescribed fee, to obtain a
copy of, or an extract
from, an entry in the
register during normal
business hours; or
(b) to access the register in
electronic form and to
download entries in the
register.
(2B) A person may only obtain a copy
of, or an extract from, an entry in
the register relating to demerit
points or access an electronic
entry in the register relating to
demerit points if -
(a) the demerit points are
allocated to that person, a
licence held by that
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person or a fishing
certificate maintained in
respect of any fishing
licence held by that
person; or
(b) the person is authorised to
do so by a person entitled
to access, obtain a copy of
or obtain an extract from
an entry in the register in
respect of those demerit
points under paragraph
(a).
(d) by omitting from subsection (3) "was"
and substituting "is";
(e) by omitting from subsection (3) "due to
any accidental or inadvertent error,
omission or misstatement".
21. Section 298A inserted
After section 298 of the Principal Act, the
following section is inserted in Division 5:
298A. Application to magistrate for correction of
demerit points entry in register
(1) A person may apply to a magistrate for
an order to correct an entry in the register
under section 298 relating to demerit
points kept in respect of that person.
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(2) The magistrate -
(a) if satisfied that the entry in the
register is incorrect, may order
the Secretary to correct the entry
as specified in the order; or
(b) if not so satisfied, may dismiss
the application.
(3) The magistrate may make any order that
the magistrate considers appropriate in
respect of costs of the application.
22. Section 302 repealed
Section 302 of the Principal Act is repealed.
23. Section 308 inserted
After section 307 of the Principal Act, the
following section is inserted in Division 5:
308. Savings and transitionals
(1) In this section -
amendment Act means the Living
Marine Miscellaneous
Amendments (Digital Processes)
Act 2021;
commencement day means the day on
which section 7 of the
amendment Act commences.
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(2) For the avoidance of doubt, the
commencement of the amendment Act
does not affect the validity of any licence
that was in force immediately before the
commencement day.
(3) An approval granted by the Minister
under section 88 or 89 that was in force
immediately before the commencement
day is taken, on and after the
commencement day, to be an approval
granted by the Secretary under that
section.
(4) An application under section 77 to the
Minister that has not been determined by
the commencement day is taken, on and
after the commencement day, to be an
application made to the Secretary under
the relevant section.
(5) An appeal under section 283 from a
determination by the Minister under
section 78, 81, 82, 83, 87, 88 or 89 that
has not been determined by the
commencement day is taken, on and after
the commencement day, to be an appeal
under section 283 from a determination
by the Secretary under the relevant
section.
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Part 3 - Fishing (Licence Ownership and Interest) Registration Act 2001 s. 24
Amended
PART 3 - FISHING (LICENCE OWNERSHIP AND
INTEREST) REGISTRATION ACT 2001 AMENDED
24. Principal Act
In this Part, the Fishing (Licence Ownership and
Interest) Registration Act 2001* is referred to as
the Principal Act.
25. Section 9 amended (Register)
Section 9(4) of the Principal Act is amended by
inserting "in electronic or printed form" after
"register".
26. Section 13 amended (Record of original entry)
Section 13 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) The Registrar may, at the Registrar's
discretion, issue a replacement record of
original entry in electronic form.
(5) If the Registrar issues a replacement
record of original entry under subsection
(4), the Registrar is to notify each person
holding an interest to which the record of
original entry relates.
_______________________________________________________________
*No. 96 of 2001
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(6) If the Registrar issues a replacement
record of original entry under subsection
(4), the holder of the record of original
entry must return to the Registrar the
record of original entry that is being
replaced as soon as practicable after
receiving the replacement record of
original entry.
Penalty: Fine not exceeding 5 penalty
units.
27. Section 14 amended (Lost or damaged record of
original entry)
Section 14(3)(a) of the Principal Act is amended
by inserting ", in electronic or printed form,"
after "issue".
28. Section 18 substituted
Section 18 of the Principal Act is repealed and
the following is substituted:
18. Signature of Registrar
(1) The signature of the Registrar may be in
electronic form and may be applied
electronically.
(2) All courts and persons acting judicially
must take judicial notice of -
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(a) the signature of a person who is
or has been the Registrar; and
(b) the fact that the person holds or
has held the office of Registrar.
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s. 29 Part 4 - Repeal of Act
PART 4 - REPEAL OF ACT
29. Repeal of Act
This Act is repealed on the first anniversary of
the day on which the last uncommenced
provision of this Act commenced.