Document ID: chunk:federal_register_of_legislation:C2004A04649:body:0:p9
Version: federal_register_of_legislation:C2004A04649
Segment Type: other
Provision Reference: 
Character Range: 21113–23950

application, or a particular invalid application, of the provision had also been within the Commonwealth's legislative power; or

     (b) the provision's operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth's legislative power.

"(3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).

"(4) This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section.

  "(5) In this section:

'application' means an application in relation to:

     (a) one or more particular persons, things, matters, places, circumstances or cases; or

     (b) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases;

'invalid application', in relation to a provision, means an application because of which the provision exceeds the Commonwealth's legislative power;

'valid application', in relation to a provision, means an application that, if it were the provision's only application, would be within the Commonwealth's legislative power.".

Plans of management

  27. Section 17 of the Principal Act is amended:

  (a) by inserting after subsection (5) the following subsections:

   "(5A) The measures to be set out under paragraph (5)(b) in a plan of management for a fishery include:

      (a) providing for AFMA, after such consultations (if any) as are set out in the plan of management, to direct that fishing is not to be engaged in in the fishery, or a particular part of the fishery, during a particular period or periods; and

      (b) providing for holders of fishing concessions in respect of the fishery to be notified of the direction; and

    (c) obliging those holders to comply with the direction.

   "(5B) A direction under paragraph (5A)(a) in relation to a part of a fishery may identify the part concerned in any way or ways, including by reference to a particular area, a particular species or type of fish, a particular kind or quantity of fishing equipment, a particular method of fishing, or any combination of the above.";

  (b) by omitting paragraph (6)(a) and substituting the following paragraphs:

        "(a) determine the method or methods by which the fishing capacity of the fishery or a part of the fishery is to be measured, which may be or include, but are not limited to, a method based on a particular area, a particular species or type or a particular quantity of fish, a particular kind, size or quantity of fishing equipment, a particular number of boats, a particular period of fishing, or any combination of the above; and