Fisheries Act 1983 Amendment Act 1999

1: Short Title and commencement
1: This Act may be cited as the Fisheries Act 1983 Amendment Act 1999, and is part of the Fisheries Act 1983 the principal Act
2: This section and sections 2 4 6 to 10
3: The rest of this Act comes into force on a date to be appointed by the Governor-General by Order in Council; and 1 or more Orders in Council may be made appointing different dates for different provisions and different purposes.
2: Interpretation
Section 2(1) Authority Beach cast seaweed
3: Fishing permits
1: Section 63(13)
a: A fishing permit must not be issued in respect of any species of fish (other than tuna), aquatic life, or seaweed (other than beach cast seaweed), that is not for the time being subject to a quota management system (being established by or under Part IIA or Part IIB
i: Held a fishing permit that was in force on 30 September 1992; and
ii: Lawfully took fish, aquatic life, or seaweed under a fishing permit held by that person at any time during the period commencing on 1 October 1990 and ending with the close of 30 September 1992:
2: Section 63(14) subsection (13) of this section and section 63A
4: New sections inserted
The principal Act is amended by inserting, after section 63
63A: Transfer of permit to estate of deceased fishing permit holder
1: Despite section 63(13)
2: A new fishing permit may not be issued under section 63
a: Is a person related to the deceased fishing permit holder; and
b: At the time of the death of the deceased, was dependent on the income earned by the deceased fishing permit holder, through the use by the deceased of the fishing permit.
3: Without limiting any other provision of this Act, any conditions and obligations that applied to the deceased's fishing permit will apply to any new fishing permit issued under section 63
4: The chief executive may require that any documents or information produced for the purposes of subsection (2) be verified by oath or statutory declaration of the applicant or of some other person related to the deceased fishing permit holder.
5: Where the chief executive receives more than 1 application under this section relating to the fishing permit of the same deceased fishing permit holder, the chief executive must allocate the new fishing permit according to—
a: The level of dependency referred to in subsection (2); and
b: The ability of the applicant to exercise the rights and obligations of fishing permit holders.
6: Despite any other provision of this section, no new fishing permit may be issued in accordance with this section if—
a: The fishing permit holder died before 1 October 1996; or
b: The deceased did not hold a current fishing permit at the date of his or her death.
7: For the purposes of this section, a person related to the deceased fishing permit holder means a person connected to the other person by blood relationship, marriage, or adoption; and for the purposes of this subsection—
a: Persons are connected by blood relationship if within the second degree of relationship:
b: Persons are connected by marriage if one is married to the other, or if one has a relationship in the nature of marriage with the other:
c: Persons are connected by adoption if one has been adopted as the child of the other or as a child of a person who is connected by marriage to the other.
63B: Expiry of section 63A
Section 63A
5: Disposal of fish by commercial fishers
Section 67(1) dispose of fish or beach cast seaweed
6: Giving of notices, etc
1: Section 88A(1)﻿(e) ; or
2: Section 88A(1)
f: Except in the case of any notice or document to be given or served in the course of or for the purpose of any proceedings for an offence against this Act, sent by electronic transmission to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known address; and, for the purposes of this paragraph,—
i: The term electronic transmission
ii: The term address
7: Electronic transmission
The principal Act is amended by inserting, after section 88A
88B:
1: For the purpose of this Act, the chief executive may approve the transmission of accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents provided for under this Act by means of electronic transmission.
2: An approval under subsection (1)—
a: May relate to any person or any 1 or more classes of person:
b: May relate to any 1 or more classes of accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents:
c: May specify the person or organisation to whom the accounts, records, returns, transactions, information, notices, objections, requests, applications, or other documents must be transmitted:
d: May specify the method of transmission that may be used:
e: Is subject to such conditions and other provisions (if any)—
i: As may be set out for the purposes of this section in regulations made under section 89
ii: Determined by the chief executive.
3: The chief executive may alter or revoke any approval given under subsection (1).
8: Regulations
Section 89(1)
kd: Setting out conditions and other provisions that apply to approvals given under section 88B
9: Certificates and official documents
1: Section 106(4) subsection (1) or evidence referred to in subsection (6)
2: Section 106
6: Subject to subsection (4), if, in any proceedings for an offence against this Act, the prosecution tenders evidence that has been produced wholly or partly by a machine, device, or technical process, and the machine, device, or technical process is of a kind that ordinarily does what the prosecution asserts the machine, device, or technical process has done, then, in the absence of proof to the contrary, the evidence is admissible and sufficient proof that, on the relevant occasion, the machine, device, or technical process operated in the way asserted by the prosecution.
10: Copies of accounts, records, returns, and other documents
1: Section 106A(3) subsection (2) or evidence referred to in subsection (5)
2: Section 106A
5: Subject to subsection (3), if, in any proceedings for an offence against this Act, the prosecution tenders evidence that has been produced wholly or partly by a machine, device, or technical process, and the machine, device, or technical process is of a kind that ordinarily does what the prosecution asserts the machine, device, or technical process has done, then, in the absence of proof to the contrary, the evidence is admissible and sufficient proof that, on the relevant occasion, the machine, device, or technical process operated in the way asserted by the prosecution.