S. 4(1) def. of co-operative inserted by No. 108/2003 s. 29(1), amended by No. 9/2013 s. 42(Sch. 2 item 9). co-operative means a body registered as a cooperative— (a) under the Cooperatives National Law (Victoria); or (b) under an equivalent law of another Australian jurisdiction; S. 4(1) def. of corporation inserted by No. 108/2003 s. 29(1). corporation means a corporation that— (a) has a registered office in ; and (b) that holds an Australian Company Number; S. 4(1) def. of Council inserted by No. 64/2013 s. 3(3). Council means the Fisheries Advisory Council established under Part 6; s. 4 court means the Magistrates' Court or any other court of competent jurisdiction; S. 4(1) def. of declared fishery repealed by No. 5/1997 s. 4(1)(a). * * * * * S. 4(1) def. of Department inserted by No. 108/2003 s. 3, amended by No. 70/2013 s. 4(Sch. 2 item 18.1). Department means the Department of Environment and Primary Industries; S. 4(1) def. of designated licence condition inserted by No. 5/1997 s. 4(1)(h). designated licence condition means a licence or permit condition that the regulations specify as a designated licence condition for the purposes of this Act;
S. 4(11) inserted by No. 34/2006 s. 3. (11) A reference to a fishery that is to be managed in accordance with the law of the State pursuant to an arrangement under Part 2 includes a reference to a part of such a fishery. S. 4(12) inserted by No. 35/2009 s. 50(6). (12) A reference in any subordinate instrument made under this Act or in any other document of any kind to a "fish receiver's licence" or a "fish receivers' licence" is to be read and construed as a reference to a "fish receiver licence" or any derivative thereof so far as it applies to any period on or after the commencement of section 50(4) of the Primary Industries Legislation Amendment Act 2009, unless the contrary intention appears. 5 Definition of fish (1) In this Act, fish means— S. 5(1)(a) amended by No. 5/1997 s. 50(1)(a)(i). (a) all species of vertebrate aquatic fauna other than mammals, reptiles, birds and amphibians; s. 5 (b) sharks, rays, lampreys and other cartilaginous fish; (c) oysters and other aquatic molluscs; S. 5(1)(d) amended by No. 35/2009 s. 51. (d) aquatic crustaceans; (e) echinoderms; S. 5(1)(f) amended by No. 5/1997 s. 50(1)(a)(ii). (f) any other species of aquatic invertebrate declared to be fish under subsection (2). S. 5(2) amended by No. 5/1997 s. 50(1)(a)(ii). (2) The Governor in Council may by Order in Council declare a species of aquatic invertebrate to be fish for the purposes of this Act.
10 Crown property (1) The Crown in right of owns all wild fish and other fauna and flora found in Victorian waters. (2) The property in any wild fish and other fauna and flora found in Victorian waters passes— S. 10(2)(a) amended by No. 5/1997 s. 50(1)(c). (a) to the holder of an access licence, a recreational fishery licence, an aquaculture licence or a relevant licence or permit when taken from Victorian waters in accordance with the licence or permit; S. 10(2)(aa) inserted by No. 58/2005 s. 4. (aa) to the holder of the abalone quota unit when taken from Victorian waters in accordance with an Abalone Fishery Access Licence by the holder of the Abalone Fishery Access Licence under an individual abalone quota unit; (b) to any other person when— (i) lawfully taken from Victorian waters; and (ii) where no licence or permit is required under this Act for the purpose. S. 11 substituted by No. 5/1997 s. 7. 11 Application of this Act s. 10 (1) This Act applies to any fish, fishing bait, protected aquatic biota or noxious aquatic species in , regardless of its origin. (2) However, a person does not commit any offence under this Act by possessing or controlling any fish, fishing bait or protected aquatic biota that appears to be possessed or controlled, or to have been taken, contrary to this Act if he or she can prove that the fish, fishing bait or protected aquatic biota— (a) was not taken in ; and
(b) was taken in accordance with the law of the place where the fish, fishing bait or protected aquatic biota was taken. (3) Subsection (2) does not absolve a person from complying with this Act with respect to any fish, fishing bait or protected aquatic biota that subsection (2) permits him or her to possess. (4) A person does not commit any offence under this Act by unintentionally taking or possessing a fish or fishing bait (other than a fish or fishing bait of a noxious aquatic species) or protected aquatic biota if— (a) the fish, fishing bait or protected aquatic biota is not killed or put into any container; and (b) all reasonable steps are immediately taken to return the fish, fishing bait or protected aquatic biota to its natural habitat with the least possible injury or damage. S. 11A inserted by No. 108/2003 s. 24, amended by No. 22/2004 s. 6 (ILA s. 39B(1)). 11A This Act applies to fisheries reserves on land s. 11A (1) This Act applies to— (a) any fisheries reserve declared under section 88(1)(b) or 88(1)(c); and (b) any land on which an aquaculture activity is being conducted. S. 11A(2) inserted by No. 22/2004 s. 6. (2) Subsection (1) does not limit the application of any provision of this Act. S. 11B inserted by No. 35/2009 s. 52. 11B Extraterritorial operation of Act (1) If—
31 Contents of declared noxious aquatic species management plan A declared noxious aquatic species management plan must— (a) comply with section 28(6); (b) include a description of the species and its distinguishing characteristics and habitat requirements; (c) identify the effects or likely effects of the species on Victorian fisheries. S. 32 (Heading) inserted by No. 35/2009 s. 29(1). 32 Submissions on management plan s. 31 S. 32(1) amended by No. 29/2011 s. 3(Sch. 1 item 39.1). (1) Before the Minister declares a management plan, the Minister must— S. 32(1)(a) repealed by No. 35/2009 s. 29(2). * * * * * (b) publish a notice of intention to declare a management plan in a newspaper circulating generally in at least 60 days before the declaration is made. (2) The notice of intention must specify— (a) the reasons for the proposed declaration; (b) the fishery, fisheries reserve or declared noxious aquatic species in respect of which the declaration is proposed; (c) where a copy of the draft management plan may be examined and obtained;
S. 40 (Heading) inserted by No. 69/2004 s. 3(1)(a). S. 40 substituted by No. 5/1997 s. 9. 40 Offence to receive or sell any fish s. 40 (1) A person must not— (a) receive for any purpose any fish of a priority species; (b) receive for sale any other fish; S. 40(1)(c) amended by No. 69/2004 s. 3(1)(b). (c) sell any fish of a priority species— unless he or she is authorised to do so under this Act. 200 penalty units or 12 months imprisonment or both. (2) A person may do any of the things referred to in subsection (1) if he or she— S. 40(2)(a) amended by No. 35/2009 s. 55. (a) is acting on behalf of the holder of a fish receiver licence who is authorised to do that thing; and S. 40(2)(b) amended by No. 35/2009 s. 55. (b) is authorised by that fish receiver licence to do that thing; and (c) is not prohibited by this Act from so acting. S. 41 (Heading) inserted by No. 35/2009 s. 56(1). S. 41 substituted by No. 5/1997 s. 9. 41 Fish receiver licences s. 41 S. 41(1) amended by No. 35/2009 s. 56(2). (1) The regulations may create classes of fish receiver licences and may specify that the holder of a fish receiver licence of a particular class may do one or more of the following—
(a) receive for any specified purpose any fish of a specified priority species; (b) receive for sale any other specified fish; S. 41(1)(c) amended by No. 69/2004 s. 3(2), substituted by No. 35/2009 s. 56(3). (c) possess, process or sell any fish of a specified priority species. S. 41(2) amended by No. 35/2009 s. 56(2)(b). (2) The Secretary may issue a fish receiver licence of a particular class to a person. S. 41(3) amended by No. 35/2009 s. 56(2)(b). (3) A fish receiver licence continues in force for the period specified in the licence by the Secretary unless it is sooner cancelled or suspended under this Act. S. 42 substituted by No. 5/1997 s. 9. 42 Offences relating to aquaculture and live fish etc. (1) A person must not— (a) use, form or create a habitat (whether natural, artificial or partly natural or artificial) for hatching, rearing, breeding, displaying or growing fish or fishing bait for sale or other commercial purposes; (b) hatch, rear, breed, display or grow fish or fishing bait for sale or other commercial purposes; or S. 42(1)(ba) inserted by No. 51/2007 s. 5. (ba) stock fish into protected waters; or (c) use any commercial aquaculture equipment— unless he or she is authorised to do so under this Act.
S. 60A inserted by No. 80/2000 s. 8. S. 60A (Heading) inserted by No. 108/2003 s. 32(1). 60A Removal notice on cessation of aquaculture activities s. 60A S. 60A(1) substituted by No. 108/2003 s. 32(2). (1) This section applies if— (a) a person's authorisation to conduct aquaculture activities under an aquaculture licence or a general permit ceases; and (b) the licence or permit related to an area that is Crown land. S. 60A(2) amended by No. 108/2003 s. 32(3). (2) The Secretary may, by notice in writing served on the person, require the person within any reasonable time specified in the notice to remove any commercial aquaculture equipment, fish, fishing bait or aquatic flora specified in the notice from the area to which the licence or permit applied. (3) A person who is served with a notice under subsection (2) must comply with the requirements of the notice. 100 penalty units or 6 months imprisonment or both. (4) If a person has failed to comply with the requirements of the notice, the Secretary may at any reasonable time having regard to all the circumstances— (a) enter upon any land or protected waters or any other premises other than a dwelling house for the purpose of searching for, or seizing and removing, any commercial aquaculture equipment, fish, fishing bait or aquatic flora specified in the notice; and
S. 103(1) amended by No. 69/2004 s. 6(1)(b). (1) A magistrate may issue a warrant to an authorised officer or a member of the police force to enter any land or premises (including a dwelling house) specified in the warrant at any time. (2) A magistrate may only issue the warrant if he or she is satisfied by information on oath that there are reasonable grounds for suspecting— S. 103(2)(a) amended by No. 69/2004 s. 6(1)(c). (a) that an offence against this Act, a regulation or a fisheries notice has occurred or is occurring or is about to occur at the land or premises; or S. 103(2)(b) amended by No. 69/2004 s. 6(1)(c). (b) that evidence of an offence against this Act, a regulation or a fisheries notice is present at the land or premises. S. 103(3) amended by No. 108/2003 s. 10. (3) The warrant authorises any authorised officer or member of the police force to— S. 103(3)(a) amended by No. 69/2004 s. 6(1)(c). (a) enter and search the land or premises specified in the warrant; S. 103(3)(b) amended by No. 5/1997 s. 50(1)(p), substituted by No. 69/2004 s. 6(2). (b) seize any evidence of an offence against any law or any thing used in connection with such an offence (including boats, trailers, aircraft, motor vehicles, non-motorised vehicles, communications equipment, viewing or scanning devices, fishing equipment, diving equipment, processing equipment, tools, electronic equipment, office equipment, provisions, materials, fish, protected aquatic biota, noxious aquatic species, and documents) found on the land or premises and anything that the officer or member believes, on reasonable grounds, may be evidence of an offence against this Act, a regulation or a fisheries notice; s. 103
S. 111A inserted by No. 108/2003 s. 5. 111A Offence to traffick in a commercial quantity of a priority species s. 111A (1) A person must not traffick in a commercial quantity of a priority species unless he or she is authorised to do so under this Act. (2) A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding level 5 imprisonment (10 years maximum). (3) Without limiting subsection (1), a reference to traffick in this section includes— (a) preparing a priority species for trafficking; (b) processing a priority species; (c) selling a priority species; (d) taking a priority species for sale; (e) receiving a priority species. S. 111B inserted by No. 108/2003 s. 5. 111B Offence to take a commercial quantity of a priority species within 24 hours (1) A person must not, within any 24 hour period, take a commercial quantity of a priority species unless he or she is authorised to do so under this Act. (2) A person who contravenes subsection (1) is guilty of an indictable offence and is liable to a penalty not exceeding level 6 imprisonment (5 years maximum). S. 111C inserted by No. 108/2003 s. 5. 111C Offence to possess a commercial quantity of a priority species
S. 119(2) amended by No. 5/1997 s. 22. (2) A court finding a person guilty of an offence under this section may order the person to remove, within a specified period, the obstruction involved in the commission of the offence. (3) If such an order is not complied with within the specified period, the Secretary— (a) may cause the obstruction concerned to be removed; and (b) may, by proceedings brought in a court of competent jurisdiction, recover the cost of removal as a debt from the person against whom the order was made. S. 119A (Heading) amended by No. 69/2004 s. 15(a), substituted by No. 21/2011 s. 8(1). S. 119A inserted by No. 108/2003 s. 7, amended by Nos 69/2004 s. 15(b), 21/2011 s. 8(2)(a). 119A Offence to knowingly make or furnish false or misleading statements or documents s. 119A A person must not, in making, keeping or furnishing any record, return, account or any other information or document under this Act— S. 119A(a) amended by No. 21/2011 s. 8(2)(b). (a) make a statement or furnish a document that he or she knows is false or misleading in a material detail; or S. 119A(b) amended by No. 21/2011 s. 8(2)(c). (b) fail to include any material matter in the record, return, account or information or other document with the knowledge that the failure will cause the record, return, account or information or other document to be false or misleading.
Level 7 imprisonment (2 years maximum), a fine of 240 penalty units or both. S. 119B inserted by No. 108/2003 s. 7. 119B Offence to make false or misleading statements A person must not, in making, keeping or furnishing any record, return, account or any other information under this Act— (a) make a statement that is false or misleading in a material detail; or (b) fail to include any material matter in the record, return, account or information where the failure causes the record, return, account or information to be false or misleading. 60 penalty units. 120 Liability for offences S. 120(1) amended by No. 5/1997 s. 23(a). s. 120 (1) If a person, employs or gives instructions to, or enters into a contract with, the holder of a fishery licence (other than a recreational fishery licence) or the person in charge of a boat which results in the commission of an offence against this Act, that person is also guilty of the offence. (2) If an offence against this Act is committed from or in connection with a boat, the relevant access licence holder or if there is no such access licence holder the person in charge of the boat at the time that the offence is committed is also guilty of the offence. (3) If a corporation is guilty of an offence under this Act, any nominee of the corporation specified on the relevant licence is also guilty of the offence. S. 120(4) substituted by No. 5/1997 s. 23(b). (4) Subsections (1), (2) and (3) do not apply if the person, relevant access licence holder or nominee (as the case may be) can prove—
(a) a specified person was given or served with specified documents; or (b) a specified person was or was not the holder of a licence or permit; or (c) a specified person failed to produce a licence or permit when requested to do so by an authorised officer; or S. 124(d) amended by No. 5/1997 s. 24(4)(b). (d) a licence or permit is subject to specified conditions; or (e) an exemption has been granted under this Act; or S. 124(f) amended by No. 5/1997 s. 24(4)(c). (f) a fisheries notice, notice, Order in Council, declaration, Ministerial direction or management plan has been prepared in accordance with this Act; or (g) a specified tag, form or other document is or is not in the form approved by the Secretary— is evidence of the facts stated in the statement. S. 124A inserted by No. 17/2002 s. 26, amended by No. 56/2003 s. 4. 124A Statement to be evidence of certain matters s. 124A A statement in writing purporting to be signed by the Secretary to the effect that— (a) on a specified date or during a specified period a person was or was not authorised to do anything under an authorisation, or was or was not exempted from this Act or a specified provision of this Act; or (b) on a specified date or during a specified period a specified vessel, premises or other thing was or was not the subject of an authorisation or exemption; or
specified fishing activity or being in the possession of specified fish or fishing equipment. (2) A court may, on the application of the Secretary, by order prohibit the person from engaging in the specified fishing activity or being in the possession of the specified fish or fishing equipment. (3) A court must not make an order under subsection (2) unless— (a) the application is accompanied by information that justifies the making of the order; and (b) the court is satisfied that the person is likely to engage in the specified fishing activity or be in the possession of the specified fish or fishing equipment in . (4) An order— (a) may apply generally or at specified times or in specified circumstances; (b) has effect for such a period as is specified in the order or, if no period is specified, until the order is rescinded; (c) may be rescinded or varied at any time. (5) A person must comply with an order under this section. 200 penalty units or imprisonment for 12 months or both. S. 130B inserted by No. 80/2000 s. 14. 130B Prohibition to be in or on specified waters s. 130B (1) This section applies if— (a) a court convicts a person of an offence against this Act that is punishable by imprisonment; and
(e) the suspension, cancellation or refusal to issue or renew any licence or permit in accordance with this Act; or S. 143(2)(f) amended by No. 5/1997 s. 50(1)(r). (f) any closure in accordance with section 67. (3) Nothing in this section prevents any action or proceedings to recover damages for any loss or damage suffered as a result of or arising out of any person negligently or unlawfully exercising, purporting to exercise or failing to exercise any power, duty or authority conferred by or under this Act. S. 144 amended by No. 67/1996 s. 5(a). 144 Supreme Court—limitation of jurisdiction s. 144 (1) It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions of a kind to which section 143(1) and 143(2) apply. S. 144(2) inserted by No. 67/1996 s. 5(b). (2) It is the intention of sections 153A and 153B to alter or vary section 85 of the Constitution Act 1975. S. 145 substituted by No. 5/1997 s. 37, amended by No. 80/2000 s. 16. 145 Availability for inspection s. 145 The Secretary must make available for inspection at the principal office of the Department without charge during normal office hours a copy of any fisheries notice, Order in Council, notice, declaration, management plan, quota order, conditions imposed by the Secretary under section 52 on a class of fishery licence or Ministerial direction.
(1) Subject to this section, a person who is, or has at any time been— (a) the Secretary; (b) appointed for the purposes of this Act; (c) engaged as a member of the staff of the Secretary or as an authorised officer; (d) engaged under contract by the Secretary, or employed by a person engaged under contract by the Secretary; (e) a member of the Fisheries Co-Management Council; S. 146(1)(ea) inserted by No. 80/2000 s. 17. (ea) a member of the Fisheries Revenue Allocation Committee; (f) a member of a fishery committee; (g) a member of the Commercial Fisheries Licensing Panel; (h) a member or deputy of the Licensing Appeals Tribunal; S. 146(1)(ha) inserted by No. 40/2002 s. 26. (ha) a member or deputy of the Compensation Assessment Panel (established under Part 10); S. 146(1)(hb) inserted by No. 40/2002 s. 26. (hb) a member or deputy of the Compensation Appeals Tribunal (established under Part 10); (i) authorised to perform or exercise any function or power under this Act— must not, except to the extent necessary to perform official duties, or to perform or exercise such a function or power, either directly or indirectly, make a record of, or divulge or communicate to any person, any information obtained in confidence or relating to the personal
(6) The Secretary must consider any objection or comment received in accordance with this section before granting the relevant licence or permit. (7) An applicant must not give information which is false or misleading. 50 penalty units. s. 148 (8) It is a defence to a charge for an offence against subsection (7) if the person charged proves that the person believed on reasonable grounds that the information was true and not misleading. (9) If an offence against subsection (7) is found proven, and the Secretary considers that had the correct information been provided— (a) the application would have been refused, the Secretary may cancel the licence, permit or other matter and disqualify the person from holding such a licence, permit or other matter for such period as the Secretary considers appropriate; or (b) the application would have been materially affected, the Secretary may amend the licence, permit or other matter. S. 148(10) amended by No. 5/1997 s. 39(2)(b) (i)(ii). (10) If an applicant for the issue or transfer of a fishery licence or a permit under this Act is charged with an offence the conviction for which would prevent the applicant from satisfying the requirements of this Act, the Secretary may defer consideration of the application until the proceedings against the applicant have been determined. 149 Licences and permits—general provisions S. 149(1) substituted by No. 5/1997 s. 40(1). s. 149 (1) While a licence is suspended under this Act, the person who holds the licence is to be treated as if he or she did not hold the licence.
(v) the volume; or s. 150 (vi) the quota; or S. 150 (2)(b)(via) inserted by No. 64/2013 s. 6. (via) the levies payable in respect of a class of licence, permit or individual abalone quota unit; or (vii) any other prescribed factor; or (viii) any combination of the above— of fish, protected aquatic biota or noxious aquatic species; (c) at a rate calculated in accordance with paragraph (b) for a specified period or by reference to the duration of the licence or permit. S. 150(3) substituted by No. 5/1997 s. 41(2). (3) The regulations may prescribe the manner in which, the period in respect of which, and the date by when, the royalty is to be paid. S. 150(4) repealed by No. 35/2009 s. 41. * * * * * 151 Levy s. 151 S. 151(1) amended by Nos 80/2000 s. 18(a), 64/2013 s. 7(1). (1) Subject to and in accordance with this section, there may be charged, levied and collected by the Secretary in respect of each prescribed class of licence, individual quota unit or permit prescribed levies at prescribed rates. S. 151(1A) inserted by No. 58/2005 s. 10(1), repealed by No. 64/2013 s. 7(2). * * * * *
(x) any other prescribed factor relating to a fishery or species of fish; or (xi) any combination of the factors referred to in this subsection; or S. 151(2)(c) amended by No. 17/2002 s. 30, substituted by No. 64/2013 s. 7(3). s. 151 (c) at a rate calculated in accordance with paragraph (b) for a specified period, including the duration of a licence, permit or individual quota unit, or at a particular point in time. S. 151(2)(d) inserted by No. 17/2002 s. 30, amended by No. 22/2004 s. 7(a), repealed by No. 64/2013 s. 7(3). * * * * * S. 151(2)(da) inserted by No. 58/2005 s. 10(2), repealed by No. 64/2013 s. 7(3). * * * * * S. 151(2)(e) inserted by No. 22/2004 s. 7(b), amended by No. 51/2007 s. 10(a), repealed by No. 64/2013 s. 7(3). * * * * * S. 151(2)(f) inserted by No. 51/2007 s. 10(b), repealed by No. 64/2013 s. 7(3). * * * * *
S. 151(8C) inserted by No. 17/2002 s. 31, repealed by No. 35/2009 s. 42(3). * * * * * S. 151(9) substituted by No. 108/2003 s. 44(2). (9) The Minister must ensure that the operation of this section is reviewed as soon as is possible after 1 May 2009. (10) The Minister must table a report of the outcome of the review in each House of the Parliament. S. 151A inserted by No. 5/1997 s. 42. 151A Additional provisions applying to royalties and levies s. 151A (1) Regulations made under section 150 or 151 may provide for all or any of the following matters— (a) methods of calculating royalties and levies; (b) the reduction, waiver or refund, in whole or in part, of any royalty or levy; S. 151A(1)(ba) inserted by No. 35/2009 s. 72. (ba) for royalties and levies to be charged on a pro rata basis; (c) how royalties and levies are to be paid (including payments by instalments); (d) the recovery, and payment, of interest on arrears. (2) Regulations under subsection (1)(b) may be expressed to apply either generally or specifically— (a) in respect of certain matters or transactions or classes of matters or transactions; or (b) when an event happens; or
(5) The Minister may invest money standing to the credit of the Account in any manner in which trust funds may be invested under the Trustee Act 1958. S. 151C inserted by No. 80/2000 s. 19, repealed by No. 35/2009 s. 44. * * * * * Division 3—Fisheries notices and regulations 152 Fisheries notices S. 152(1) amended by No. 35/2009 s. 45(1). (1) The Minister may by a fisheries notice in relation to any fishery— S. 152(1)(a) substituted by No. 5/1997 s. 43(1). (a) fix and enforce catch limits for any species of fish specified in the notice; S. 152(1)(aa) inserted by No. 50/2005 s. 15. (aa) fix and enforce minimum or maximum size limits for any species of fish specified in the notice; S. 152(1)(b) substituted by No. 5/1997 s. 43(1). (b) fix periods during which any specified fishing activity in relation to fish is prohibited or allowed; S. 152(1)(c) substituted by No. 5/1997 s. 43(1). (c) provide for the management of a specified area of inland waters; (d) close to harvesting for the period of time specified in the notice any shellfish beds or shellfish farms, where necessary in response to adverse environmental conditions; s. 152 S. 152(1)(e) repealed by No. 24/2003 s. 93. * * * * *
park has the same meaning as marine national park has in the National Parks Act 1975; prescribed year means a period of time set out in either item 1 or item 2 of Column 3 of Table 2; relevant access licence means an access licence under the authority of which fish or fishing bait has been taken at any time between 1 April 1999 and 31 March 2002 in any one or more of the following areas— (a) a part of a park; (b) a part of a sanctuary described in Part 2, 5, 8 or 11 of Schedule Eight of the National Parks Act 1975; relevant park, in relation to a compensable year, means a park or sanctuary described in Columns 1 and 2 of the item in Table 1 in which the compensable year is set out; sanctuary has the same meaning as marine sanctuary has in the National Parks Act 1975; specified access licence means an access licence that is of any one of the following classes of access licence, within the meaning of regulation 201 of the Fisheries Regulations 1998— (a) Bait (General) Fishery Access Licence; (b) Corner Inlet Fishery Access Licence; (c) Ocean Fishery Access Licence; (d) (Mussel Bait) Fishery Access Licence; (e) Purse Seine (Ocean) Fishery Access Licence; s. 164 (f) Purse Seine () Fishery Access Licence;
Names of Parks Parts and Schedule Numbers of National Parks Act 1975 Prescribed Years 1. Ninety Part 1 of Schedule Seven Part 3 of Schedule Seven Part 6 of Schedule Seven Part 7 of Schedule Seven Part 8 of Schedule Seven 16 November 2002 to 15 November 2003 16 November 2003 to 15 November 2004 16 November 2004 to 15 November 2005 Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven Items Column 1 Names of Parks Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Prescribed Years 2. Part 2 of Schedule Seven Part 4 of Schedule Seven Part 5 of Schedule Seven 1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 1 April 2006 to 31 March 2007
(4) The Panel, in making any determination— (a) must act according to the substantial merits of the case and without regard to legal forms and technicalities; and (b) may proceed and inform itself in any manner it thinks fit and may regulate its own proceedings; and (c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence. S. 189(5) amended by No. 18/2005 s. 18(Sch. 1 item 44.2). (5) A party to any proceeding before the Panel may appear and be heard before the Panel personally or by an Australian lawyer or by a person authorised in that behalf by that party. Division 9—Constitution and proceedings of the Tribunal S. 190 inserted by No. 40/2002 s. 27. 190 Compensation Appeals Tribunal s. 190 (1) For the purposes of this Part there is established a Compensation Appeals Tribunal. (2) The Tribunal is to consist of 3 members who are appointed by the Governor in Council, on the recommendation of the Minister, being— S. 190(2)(a) amended by No. 18/2005 s. 18(Sch. 1 item 44.3). (a) an Australian lawyer who has knowledge of and experience in administrative law or the law of procedure and evidence, who is to be the chairperson; S. 190(2)(b) amended by No. 35/2009 s. 48. (b) one person, nominated by the Minister, from a panel of 3 persons associated with and familiar with the fishing industry; (c) one person who, in the opinion of the Minister, has expertise in financial matters. (3) A person must not be appointed as a member of the Tribunal if that person is—
consent of the applicant for review, be heard and determined by the chairperson sitting alone. Division 10—Annual reports on fisheries S. 196 inserted by No. 40/2002 s. 27. 196 Annual reports on fisheries to be prepared s. 196 (1) The Minister must, after the expiry of each of the relevant licence years, cause to be prepared a report assessing the condition of each of the following fisheries— (a) the abalone fishery; (b) the rock lobster fishery; (c) any other fishery for which a specified access licence applies. (2) In subsection (1) relevant licence years means the licence years ending on 31 March 2003, 31 March 2004, 31 March 2005, 31 March 2006 and 31 March 2007. S. 197 inserted by No. 40/2002 s. 27. 197 Tabling of annual reports on fisheries s. 197 The Minister must cause each report prepared under section 196 to be laid before each House of Parliament by 30 November next following the end of the licence year for which the report has been prepared, or, if either House is not then sitting, within 5 sitting days of that House after that date. S. 198 inserted by No. 40/2002 s. 27. 198 Minister to have regard to reports In exercising his or her powers, functions and duties under this Act, the Minister must have regard to reports prepared under section 196. __________________