Fisheries Amendment Act 2004

1: Title
1: This Act is the Fisheries Amendment Act 2004.
2: In this Act, the Fisheries Act 1996 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
1: The main purpose of this Act is to implement a negotiated settlement agreement reached between the Crown and the commercial seafood industry in respect of the under-recovery and over-recovery of the costs of fisheries services and conservation services relating to the period 1 October 1994 to 30 September 2002.
2: This Act—
a: validates various cost recovery levy orders and rules relating to the relevant period:
b: provides for the reduction (or increase, in some cases) of the total amount to be recovered for any stock for the year commencing 1 October 2003 and subsequent years by the relevant amount of the agreed settlement sum allocated to that stock.
3: This Act also—
a: amends an offence provision in relation to fishing-related activities carried out to obtain a benefit in contravention of the principal Act:
b: clarifies that references in the principal Act to this Act include references to rules and regulations made under that Act.
4: Act binds the Crown
This Act binds the Crown.
2: Amendments to principal Act
5: Interpretation
Section 2 subsection (1)
1A: References to this Act
6: New
section 233 The principal Act is amended by repealing section 233
233: Knowingly acting in contravention of Act to obtain a benefit
1: Every person commits an offence who obtains any benefit by knowingly taking, possessing, receiving, procuring, processing, conveying, selling, or otherwise dealing with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
2: Every person commits an offence who, with the intention of obtaining any benefit, knowingly takes, possesses, receives, procures, processes, conveys, sells, or otherwise deals with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
3: For the purposes of this section, benefit
4: Every person who commits an offence against subsection (1) or subsection (2) section 252(1)
7: Penalties
Section 252(1) paragraph (c)
c: section 233(1) and (2)
8: Levies
Section 264(2) The Minister must Subject to section 265A
9: New
section 265 The principal Act is amended by repealing section 265
265: Under-recovery and over-recovery of costs
Without limiting anything in section 264 section 265A section 264
a: were either—
i: not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983
ii: over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983
b: the Minister has not previously had regard to under this section.
10: New
section 265A
1: The principal Act is amended by repealing section 265A
265A: Recommendation for levies payable in year commencing 1 October 2003 and subsequent years
1: In making a recommendation under section 264
a: first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and
b: then—
i: in the case of a stock or other grouping listed in Part 1 of Schedule 9A
ii: in the case of a stock listed in Part 2 of Schedule 9A
2: In making a recommendation under section 264 Part 1 of Schedule 9A
3: Where the Minister makes a recommendation under section 264
a: adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and
b: notify the adjusted remaining balance in accordance with subsection (5)
4: For the purposes of subsections (2) and (3) and section 265
a: no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and
b: any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded.
5: The Minister must, as soon as practicable after making any recommendation under section 264 subsection (1)(b)(i) or subsection (2) or subsection (3) Gazette
6: In this section, remaining balance Part 1 of Schedule 9A subsection (l)(b)(i) or subsection (2) subsection (3)
2: Despite anything in the principal Act, for the purposes of levies payable for the year commencing on 1 October 2003—
a: the Fisheries (Cost Recovery Levies for Conservation Services) Order 2003 (SR 2003/209) Fisheries (Cost Recovery Levies for Fisheries Services) Order 2003 (SR 2003/210)
b: any order made under section 264
c: no levy payable under any such order is payable earlier than 1 month after the date of commencement of the order.
11: Certain notices to have status of regulations
Section 303(2) 188, 265A(5)
12: New
Schedule 9A
1: The principal Act is amended by inserting, after Schedule 9 Schedule 1
2: The Governor-General may, by Order in Council,—
a: amend Schedule 9A
b: where any settlement sum allocated under that schedule is allocated to a species generally rather than one or more stocks in specified quota management areas, on the advice of the Minister given after having regard to the total allowable commercial catch fixed for each quota management area, amend that schedule to allocate the settlement sum between different stocks of that species in different quota management areas:
c: amend that schedule to reflect the remaining balance of all or any settlement sums remaining as at a specified date.
3: An Order in Council made under subsection (2) Schedule 9A Subsection (2) substituted 1 October 2004 64 Fisheries Amendment Act (No 3) 2004 Subsection (3) inserted 1 October 2004 64 Fisheries Amendment Act (No 3) 2004
13: Certain orders and rules validated
1: The orders set out in Schedule 2
2: The following rules are deemed to be valid for all purposes for all periods ending on or before 30 September 2002, and every purported recommendation of the Minister made in respect of or under those rules and any such period is deemed to be and always to have been validly made:
a: the Fisheries (Cost Recovery) Rules 2001
b: the Fisheries (Cost Recovery) Amendment Rules 2002
3: Nothing in subsection (1) section 14(l)(a) of the Subordinate Legislation (Confirmation and Validation) Act 2002