Version No. 090 Fisheries Act 1995 No. 92 of 1995 Version incorporating amendments as at 1 July 2017 table of provisions Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 1 3 Objectives of Act 2 3A Consultation principles 2 4 Definitions and interpretative provisions 5 5 Definition of fish 23 6 Declaration of fishing bait 24 7 Definition of fishery 24 7A Meaning of species 25 7B Expanded meaning of possession of fish or fishing equipment 26 8 Definition of Victorian waters and waters 26 9 Act to bind the Crown 28 10 Crown property 28 11 Application of this Act 28 11AA Traditional owner agreement for natural resources 29 11A This Act applies to fisheries reserves on land 30 11B Extraterritorial operation of Act 30 11C Licence, approval and quota not personal property 31 Part 2—Commonwealth and State management of fisheries 32 Division 1—Commonwealth–State management 32 12 Powers and functions of Minister and deputy 32 13 Power to enter into agreements 32 14 Judicial notice and publication of agreement 33 15 Functions of Joint Authority 33 16 Delegation 34 17 Procedure of Joint Authorities 35 18 Report of Joint Authority to be tabled 35 19 Arrangement for management of certain fisheries 36 20 Application of Act to fisheries in accordance with arrangements 38
S. 4(1) def. of closed season substituted by No. 5/1997 s. 4(1)(d). closed season in relation to a species of fish means any time or period during which the taking of fish of that species is prohibited under this Act; coastal waters in relation to the State has the same meaning as it has in the Commonwealth Act; S. 4(1) def. of commercial abalone equipment substituted by No. 5/1997 s. 4(1)(e). commercial abalone equipment means any device or mechanical thing that is designed for use, or that is capable of being used, for or in connection with the taking of abalone, and includes any underwater breathing apparatus, knife, probe, lever, iron or bar; commercial aquaculture equipment means any equipment which is prescribed to be commercial aquaculture equipment; Commercial Fisheries Licensing Panel means the Commercial Fisheries Licensing Panel referred to in section 132; S. 4(1) def. of commercial fishing equipment substituted by No. 5/1997 s. 4(1)(f), amended by No. 51/2007 s. 3(1)(a) (2)(a)(b). commercial fishing equipment means— (a) any fish trap, hoop net or fishing net (other than recreational fishing equipment when used by a recreational fisher in accordance with this Act); (b) any electrical or sonar device that is designed for use, or that is capable of being used, for or in connection with the taking of fish; (c) any other device or mechanical thing that is designed for use, or that is capable of being used, for or in connection with the taking of fish (including any tipper used in connection with a scallop dredge); (d) any yabby pot or crab pot;
S. 4(1) def. of Fisheries Council repealed by No. 35/2009 s. 28. * * * * * fisheries notice means a fisheries notice made under section 152; fisheries reserve means a fisheries reserve declared under section 88; S. 4(1) def. of fishery committee repealed by No. 35/2009 s. 28. * * * * * S. 4(1) def. of fishery licence amended by Nos 5/1997 s. 4(1)(i)(i)(ii), 35/2009 s. 50(4)(b). fishery licence means— (a) an access licence; or * * * * * (c) an aquaculture licence; or (d) a recreational fishery licence; or (e) a fish receiver licence; or (f) any other category of licence created by the regulations under clause 3.1 of Schedule 3; S. 4(1) def. of fishing bait inserted by No. 5/1997 s. 4(1)(j). fishing bait means any species of fauna declared to be fishing bait under section 6; foreign boat has the same meaning as in the Commonwealth Act; S. 4(1) def. of greenlip abalone inserted by No. 58/2005 s. 3(1). greenlip abalone, in relation to abalone quota management, catch and size limits and closed seasons, means abalone of the species Haliotis laevigata;
Joint Authority means any Joint Authority established under Part 5 of the Commonwealth Act of which the Minister is a member; Joint Authority fishery means a fishery in respect of which there is in force an arrangement under Part 2 by which the fishery is under the management of a Joint Authority; S. 4(1) def. of licence amended by No. 5/1997 s. 4(1)(n). licence means— (a) a fishery licence; or (b) any category of licence created by the regulations under clause 3.2 of Schedule 3; Licensing Appeals Tribunal means the Licensing Appeals Tribunal referred to in section 135; management plan means a management plan declared under Part 3; S. 4(1) def. of marine waters substituted by No. 5/1997 s. 4(1)(o). marine waters means Victorian waters other than— (a) inland waters; (b) any waters that are private property; S. 4(1) def. of Ministerial direction inserted by No. 5/1997 s. 4(1)(o). Ministerial direction means a direction given under section 61; noxious aquatic species means a noxious aquatic species declared under section 75; S. 4(1) def. of open season substituted by No. 5/1997 s. 4(1)(p). open season in relation to a species of fish means any time or period during which the taking of fish of that species is not prohibited under this Act or during which the taking of fish of that species is allowed under this Act;
S. 4(1) defs of taxon, transferable fishery licence repealed by No. 5/1997 s. 4(1)(a). * * * * * S. 4(1) def. of vessel monitoring system inserted by No. 80/2000 s. 3(b), amended by No. 68/2016 s. 50(e). vessel monitoring system means a navigational measuring system that is suitable for installation on a boat and that is capable of— (a) determining the location and activities of the boat; and (b) transmitting data in relation to that location and those activities to the Secretary or the Secretary's delegate via a satellite communication system; S. 4(1) def. of Victorian Fisheries Authority inserted by No. 68/2016 s. 50(a). Victorian Fisheries Authority means the Victorian Fisheries Authority established under the Victorian Fisheries Authority Act 2016. S. 4(2) substituted by No. 5/1997 s. 4(2). (2) A reference to "this Act", "under this Act" or "by this Act" includes a reference to any regulations, fisheries notice, Order in Council, notice, declaration, licence, permit order, Ministerial direction or other document or instrument made or issued under this Act, unless inconsistent with the context or subject matter. S. 4(3) substituted by No. 5/1997 s. 4(2). (3) For the purposes of this Act, any measurements fixed with respect to the taking, possession or sale of any species of fish throughout Victoria or in some part or parts of Victoria are the minimum permissible measurements applicable with respect to the taking, possession or sale of fish of that species, unless the contrary intention appears. S. 4(4) substituted by No. 5/1997 s. 4(2).
(4) Any fish that is less than the minimum measurement fixed for fish of that species is referred to in this Act as undersized. (5) In this Act, any reference to "measurement" or "size" or any derivatives thereof is to be read and construed as including reference to "weight". (6) Subject to any express provision to the contrary, a reference in this Act to the weight of fish is to be read and construed as a reference to the whole weight of the fish, being the weight of the fish before any processing (other than freezing) commences and before any part of the fish is removed. S. 4(7) substituted by No. 5/1997 s. 4(3). (7) A reference to "he or she" or to "him or her" is to be read as including a reference to "it", if the context permits. S. 4(7A) inserted by No. 69/2004 s. 11(3). (7A) A reference to "his or her" is to be read as including a reference to "its", if the context permits. S. 4(8) inserted by No. 5/1997 s. 4(3). (8) A reference to an individual quota unit includes a reference to a fraction of an individual quota unit, unless a contrary intention appears. S. 4(9) inserted by No. 5/1997 s. 4(3). (9) A person who is exempted under this Act from any provision or requirement under this Act is to be treated as if he or she was authorised under this Act to do, or not do, the thing that he or she is exempted from doing, or not doing. S. 4(10) inserted by No. 34/2006 s. 3. (10) If an arrangement under Part 2 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied. 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.
(a) may be revoked by instrument in writing by the Joint Authority (whether or not constituted by the persons constituting the Joint Authority at the time the power was delegated); (b) does not prevent the exercise of the power by the Joint Authority; (c) continues in force notwithstanding any change in the membership of the Joint Authority. (6) A certificate signed by a member of a Joint Authority stating any matter with respect to a delegation under this section by the Joint Authority is evidence of that matter. (7) A document purporting to be a certificate referred to in subsection (6) is, in the absence of evidence to the contrary, deemed to be such a certificate and to have been duly given. (8) Nothing in this Part prevents the delegation by a Joint Authority, in accordance with a law of the Commonwealth, of powers conferred on the Joint Authority by the law of the Commonwealth. 17 Procedure of Joint Authorities (1) Sections 66, 67 and 68 of the Commonwealth Act apply to and in relation to the performance by a Joint Authority of its functions under this Act. (2) A written record purporting to be a record of a decision of a Joint Authority and to be signed by the Commonwealth Minister, or his or her deputy, who took part in or made the decision is evidence that the decision as recorded was duly made. (3) In proceedings in any court, an instrument or other document signed on behalf of a Joint Authority by a member of the Joint Authority is taken to have been duly executed by the Joint Authority and,
S. 38(3) amended by No. 68/2016 s. 56(2). (3) An access licence continues in force for the period specified in the licence by the Victorian Fisheries Authority unless it is sooner cancelled or suspended under this Act. S. 38(4) substituted by No. 35/2009 s. 54(2), amended by No. 68/2016 s. 56(1). (4) The Victorian Fisheries Authority, for the purposes of subsection (3), may specify— (a) a period of up to 5 years for an access licence of a specified class of access licence if— (i) there is an Order in Council declaring that access licences of that specified class may be issued for a period of up to 5 years; or (ii) a management plan specifies that access licences of that specified class may be issued for a period of up to 5 years; or (b) in any other case, a period of up to one year. S. 38(4A) inserted by No. 35/2009 s. 54(2). (4A) For the purposes of subsection (4), the Governor in Council may, by Order in Council, declare that licences of a class of access licence may be issued for a period of up to 5 years. S. 38(5) amended by Nos 108/2003 s. 50(a), 68/2016 s. 56(2). (5) An access licence may not be cancelled by the Victorian Fisheries Authority except in accordance with section 58, 61(1)(c) or 148(9). (6) An access licence is renewable in accordance with section 57. (7) The following provisions apply to an access licence that is transferable if the holder dies— (a) despite anything to the contrary in this Act, the benefit of the licence is deemed to be an asset of the estate of the deceased;
(c) to carry out any research, exploitation, work or operation for the purpose of developing any fishery or aquaculture; or (d) to investigate any species of fish or any fishery or any device; or (e) to sell or dispose of any fish obtained by the person under the permit; or S. 49(2)(f) amended by No. 80/2000 s. 5, substituted by No. 51/2007 s. 9(2). (f) to use or possess specified commercial abalone equipment, commercial fishing equipment, commercial aquaculture equipment or recreational fishing equipment; or S. 49(2)(g) inserted by No. 80/2000 s. 5, amended by No. 51/2007 s. 9(1)(b)(i). (g) for commercial purposes— (i) to 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; S. 49(2)(g)(ii) amended by No. 17/2002 s. 5(1), substituted by No. 51/2007 s. 9(1)(b)(ii). (ii) to hatch, rear, breed, display, grow or sell fish or fishing bait; or S. 49(2)(h) inserted by No. 17/2002 s. 5(2). amended by No. 51/2007 s. 9(1)(c). (h) to take or possess fish (in areas where recreational fishing is authorised under this Act) for a specified indigenous cultural ceremony or event; or S. 49(2)(i) inserted by No. 51/2007 s. 9(1)(d). (i) to sell any fish of a specified priority species; or S. 49(2)(j) inserted by No. 51/2007 s. 9(1)(d). (j) to take or possess more fish than the catch limit for that species of fish; or
S. 49(2)(k) inserted by No. 51/2007 s. 9(1)(d). (k) to take or possess fish that are less than the minimum size, or that are more than the maximum size, specified by the regulations or by a fisheries notice for that species of fish; or S. 49(2)(l) inserted by No. 51/2007 s. 9(1)(d). (l) to take fish of a specified species of fish during the closed season for that species of fish; or S. 49(2)(m) inserted by No. 51/2007 s. 9(1)(d). (m) to take, land, process, sell or possess fish of a specified species of fish that is prohibited from being taken, landed, processed, sold or possessed— (i) absolutely or during a specified period; or (ii) in any waters or specified waters; or S. 49(2)(n) inserted by No. 51/2007 s. 9(1)(d). (n) to carry out an activity in a fishery if the activity is not inconsistent with any regulations, management plan or Ministerial direction. S. 49(2A) inserted by No. 60/2005 s. 31. (2A) A general permit does not authorise the carrying out of any activity— (a) specified in subsection (2)(b), (c), (d), (e), (f) and (g); and (b) specified in subsection (2)(a), to the extent that it applies to aquaculture— in any national park, wilderness park or State park (within the meaning of the National Parks Act 1975) or any reference area (within the meaning of the Reference Areas Act 1978). S. 49(2B) inserted by No. 60/2005 s. 31. (2B) Subsection (2A) does not apply to any general permit in force immediately before 7 March 2005,
S. 52 substituted by No. 5/1997 s. 9, amended by No. 108/2003 s. 31 (ILA s. 39B(1)). 52 Conditions of fishery licences and permits (1) In addition to any conditions that are imposed by this Act, a fishery licence or a permit is subject to— S. 52(1)(a) amended by No. 68/2016 s. 66. (a) any conditions that the Victorian Fisheries Authority thinks appropriate and that are expressed or referred to in the licence or permit; and (b) any conditions that are set out in the regulations. S. 52(2) inserted by No. 108/2003 s. 31, amended by No. 68/2016 s. 66. (2) In issuing documentary evidence of a licence (other than a recreational fishery licence) or a quota allocation entitlement, the Victorian Fisheries Authority must ensure, to the maximum extent that is practicable, that there is displayed on, or attached to, the document the conditions that apply to the licence or entitlement (including those imposed directly by this Act and by the regulations). S. 52(3) inserted by No. 108/2003 s. 31. (3) A failure to comply with subsection (2) does not affect the validity of the licence or the entitlement nor does it absolve any person from the need to comply with any applicable condition of the licence or entitlement (even if that condition is not displayed on, or attached to, the document evidencing the licence or entitlement). S. 53 substituted by No. 5/1997 s. 9. 53 Offence to fail to comply with licence or permit conditions
(1) The holder of a fishery licence or a permit must comply with any condition to which the licence or permit is subject. (a) if the offence involves a priority species or the breach of a designated licence condition: 100 penalty units or 6 months imprisonment or both; (b) if the offence is committed by the holder of a recreational fishery licence and paragraph (a) does not apply: 5 penalty units; (c) in any other case: 50 penalty units. S. 53(2) amended by No. 35/2009 s. 59(a). (2) For the purposes of subsection (1), if a person who does any thing on behalf of the holder of a fishery licence or a permit does not comply with any condition to which the licence or permit is subject in doing that thing, the holder of the licence or permit is deemed to have failed to comply with that condition. S. 53(3) amended by No. 35/2009 s. 59(b). (3) Subsection (2) does not apply if the holder of the licence or permit can prove— S. 53(3)(a) substituted by No. 108/2003 s. 14, amended by No. 35/2009 s. 59(b). (a) that, at the time the offence was committed, there was in force a written agreement between him or her and the person under which the person agreed to comply with all relevant conditions to which the licence or permit was subject and all other relevant requirements of this Act and the regulations; and S. 53(3)(b) substituted by No. 108/2003 s. 14.
S. 54(3) amended by Nos 80/2000 s. 6(3), 68/2016 s. 67(3). (3) Before acting on the Victorian Fisheries Authority's own initiative in respect of subsection (1)(a) or (b), the Victorian Fisheries Authority must give the person who holds the licence or permit written notice of the action that the Victorian Fisheries Authority proposes to take and must allow the person to make written representations about the intended action within 14 days. S. 54(3A) inserted by No. 80/2000 s. 6(4), repealed by No. 35/2009 s. 31(1). * * * * * S. 54(4) amended by Nos 80/2000 s. 6(5), 35/2009 s. 31(2), 68/2016 s. 67(4). (4) Subsection (3) does not apply if the Victorian Fisheries Authority imposes, varies or revokes a condition for the purpose of removing any inconsistency between the licence or permit and any regulation, Order in Council, fisheries notice, management plan, order, Ministerial direction or intergovernmental agreement or arrangement. S. 54(5) amended by No. 68/2016 s. 67(5). (5) If the Victorian Fisheries Authority imposes, varies or revokes a condition of a licence or permit, the change has no effect until the Victorian Fisheries Authority notifies the holder of the licence or permit in writing of the change. S. 54(6) amended by No. 68/2016 s. 67(6). (6) The holder of a licence or permit must return the licence or permit to the Victorian Fisheries Authority within 10 days of being given notice that the Victorian Fisheries Authority has decided to change the licence or permit, unless he or she has a reasonable excuse for not doing so. 5 penalty units. S. 55 substituted by No. 5/1997 s. 9. 55 Variations of licences and permits by regulation If the regulations add, vary or delete a licence or permit condition with respect to a class of licence or permit, the addition, variation or deletion
S. 57(1A) inserted by No. 35/2009 s. 61(1), amended by No. 68/2016 s. 69(1). (1A) If an application for renewal of a licence is lodged before the licence expires, the licence continues in operation until the Victorian Fisheries Authority renews the licence or refuses to renew the licence. S. 57(2) amended by No. 68/2016 s. 69(1). (2) In considering whether to renew the licence, the Victorian Fisheries Authority must have regard to any relevant recommendations of the Commercial Fisheries Licensing Panel. S. 57(3) amended by No. 68/2016 s. 69(1). (3) Subject to this section, the Victorian Fisheries Authority must renew the licence for a further period if the licence holder has a record of compliance with this Act. S. 57(4) amended by Nos 35/2009 s. 61(2)(a), 68/2016 s. 69(2). (4) If the Victorian Fisheries Authority considers that the holder of the licence has— S. 57(4)(a) amended by No. 35/2009 s. 61(2)(b). (a) ceased to satisfy any relevant eligibility criteria; or S. 57(4)(b) substituted by No. 35/2009 s. 61(2)(c), amended by No. 68/2016 s. 69(2). (b) failed to satisfy the Victorian Fisheries Authority that he or she continues to be a fit and proper person to hold the licence; or S. 57(4)(c) amended by Nos 35/2009 s. 61(2)(d), 68/2016 s. 69(2). (c) ceased to be actively, substantially and regularly engaged in the activities authorised by the licence— the Victorian Fisheries Authority may by notice in writing served on the holder require the holder, within 14 days or such later period as is specified
S. 57(11) amended by No. 68/2016 s. 69(7). (11) The Victorian Fisheries Authority may defer the renewal of a licence while the licence is suspended by a court. S. 57(12) inserted by No. 108/2003 s. 29(3) (as amended by No. 22/2004 s. 9(1)), amended by No. 68/2016 s. 69(8). (12) Despite anything to the contrary in this section, the Victorian Fisheries Authority may not renew an access licence or an aquaculture licence unless the person who is to hold the renewed licence is an individual, a single corporation or a co-operative. S. 57(13) inserted by No. 58/2005 s. 12, amended by Nos 35/2009 s. 61(3)(b), 68/2016 s. 69(8). (13) Despite anything to the contrary in this section, the Victorian Fisheries Authority may not renew a fish receiver licence unless the person who is to hold the renewed licence is an individual, a single corporation or a co-operative. S. 57(14) inserted by No. 35/2009 s. 61(4), amended by No. 68/2016 s. 69(9). (14) The Victorian Fisheries Authority may refuse to renew a licence under this section because of the commission of an offence of a type referred to in section 128(1) by the holder of the licence despite a court deciding not to suspend or cancel the licence under that section on convicting or finding the holder guilty of that offence. S. 57A inserted by No. 108/2003 s. 30 (as amended by No. 22/2004 s. 9(2)(a)-(d)). 57A Transitional provision concerning certain licences not held by one person (1) If— (a) on the date of commencement of section 30 of the Fisheries (Further Amendment) Act 2003 an access licence or an aquaculture licence is not held by an individual, a single corporation or a co-operative; and (b) by the date the licence is due to expire, an individual, a single corporation or a cooperative that holds the licence or that is a successor of a person who holds the licence,
operator, driver or pilot to proceed elsewhere and stop. (6) An authorised officer may upon reasonable notice— S. 102(6)(a) amended by Nos 5/1997 s. 50(1)(o), 17/2002 s. 17. (a) require the production of any records required by this Act to be kept; and (b) examine any such records when so produced; and (c) make extracts, copies or notes of the contents. S. 102(6A) inserted by No. 50/2005 s. 14. (6A) An authorised officer may upon reasonable notice— (a) require a person to produce a document, which the authorised officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act, the regulations or a fisheries notice are being observed; and (b) examine the document; and (c) make copies of the document or take extracts from it; and (d) remove the document for as long as is reasonably necessary to make copies or take extracts from it. S. 102(6B) inserted by No. 50/2005 s. 14. (6B) A person is not excused from producing a record under subsection (6) or a document under subsection (6A) on the ground that the production of the record or document would tend to incriminate the person or make the person liable to a penalty. S. 102(6C) inserted by No. 50/2005 s. 14. (6C) If, before producing a document under subsection (6A), a natural person claims that the producing of the document would tend to
incriminate him or her or to make him or her liable to a penalty, the document is not admissible in evidence against the person in any criminal or civil proceeding, or in any proceeding for the imposition of a penalty, against the person, other than in a proceeding for an offence under section 111(1)(f). S. 102(7) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(i)). (7) An authorised officer or police officer may require the holder of a licence or permit to produce the licence or permit for inspection on demand either— (a) immediately; or S. 102(7)(b) amended by No. 37/2014 s. 10(Sch. item 65.11(b)(ii)). (b) if the holder does not have the licence or permit in his or her possession, at a time within 7 days of the demand and a place stipulated by the authorised officer or police officer. 4 penalty units. S. 102(8) amended by No. 37/2014 s. 10(Sch. item 65.11(c)). (8) If an authorised officer or a police officer directs a person to produce a licence or permit at a subsequent time and place, it is a sufficient compliance with the direction if the person sends by post to the authorised officer or police officer within 7 days after first returning to his or her place of residence after the demand is made, the licence or permit and a stamped addressed envelope for the return of the licence or permit. S. 102(9) amended by No. 37/2014 s. 10(Sch. item 65.11(d)). (9) The statement on oath of an authorised officer or a police officer that the holder of a licence or permit failed to produce on demand on a specified day the licence or permit and, having been directed to produce the licence or permit to the authorised officer or police officer within 7 days thereafter, failed to produce or to send by post the licence or permit, is evidence until the contrary is proven,
S. 106AE inserted by No. 21/2011 s. 6. 106AE Court may make a condemnation order in respect of thing forfeited to Crown S. 106AE(1) amended by No. 68/2016 s. 105. (1) A court may, on the application of the chief executive officer or an authorised officer, and whether or not in connection with any proceeding under this Act, make an order in respect of a thing seized under this Act that is subject to forfeiture to the Crown under section 106(1) or (1A) condemning the thing as forfeited to the Crown (a condemnation order). (2) The court may adjourn an application to enable notice of the application to be given to any person. S. 106AF inserted by No. 21/2011 s. 6. 106AF Payment of infringement penalty not to affect certain actions Any action described in section 106AA in respect of a thing seized may be taken despite the payment of the penalty for any infringement notice served in respect of an offence relating to the seizure of the thing. S. 106A inserted by No. 17/2002 s. 21. 106A Magistrates' Court may extend 90 day period S. 106A(1) amended by Nos 69/2004 s. 10, 37/2014 s. 10(Sch. item 65.19). (1) An authorised officer or police officer may apply to the Magistrates' Court within 90 days after seizing a document or other thing under this Act for an extension of the period for which the authorised officer or police officer may retain the document or thing. (2) The Magistrates' Court may order such an extension if it is satisfied that retention of the document or other thing is necessary— (a) for the purposes of an investigation into whether a contravention of this Act, the
things in any manner he or she considers appropriate. S. 108 (Heading) inserted by No. 35/2009 s. 67(1). 108 Offence in relation to property seized or retained S. 108(1) amended by No. 35/2009 s. 67(2). (1) A person must not dispose of, remove, damage or interfere with anything seized or subject to a retention notice under this Act except in accordance with this Act. 100 penalty units or imprisonment for 6 months or both. S. 108(2) amended by No. 17/2002 s. 22. (2) If a court convicts a person of an offence against subsection (1) or finds a person guilty of an offence against subsection (1), the court may in addition to any penalty imposed under that subsection, order the person to pay compensation for any damage or loss caused by the offence to any person. S. 108A inserted by No. 80/2000 s. 11. 108A Retention notices S. 108A(1) substituted by No. 69/2004 s. 11(1), amended by No. 37/2014 s. 10(Sch. item 65.20(a)). (1) This section applies to a thing that an authorised officer or a police officer— (a) believes on reasonable grounds has been taken or used in contravention of this Act or a corresponding law of another State or a Territory of the Commonwealth; or (b) is entitled to seize under this Act.
S. 118A inserted by No. 69/2004 s. 14. 118A Abalone only to be sold in properly labelled packaging A person must not sell any abalone unless the abalone is packaged and the packaging is marked or labelled in accordance with regulations made for the purposes of this section. 60 penalty units. S. 118B inserted by No. 69/2004 s. 14. 118B Abalone packaging not to be disturbed (1) A person must not remove, destroy or render wholly or partially illegible any mark or label on any packaging containing abalone if that mark or label has been placed on the packaging in accordance with the regulations. 60 penalty units. (2) A person must not deface, damage or destroy any packaging containing abalone. 60 penalty units. (3) Subsections (1) and (2) do not apply to a person who does anything prohibited by those subsections— (a) at a place for the purposes of enabling the abalone to be consumed at that place; or S. 118B(3)(b) amended by No. 68/2016 s. 107. (b) with the authority of the Victorian Fisheries Authority. 119 Passage of fish not to be blocked (1) A person must not, except as permitted by or under this or any other Act, set a net, netting or other material or otherwise create an obstruction
authority means an authority in force under this Part, and includes any variation of such an authority; conduct includes any act or omission; controlled conduct means conduct which, but for section 131L, would constitute a relevant offence; controlled operation means an operation that— (a) is conducted, or intended to be conducted, for the purpose of obtaining evidence that may lead to the prosecution of a person for a relevant offence; and (b) involves, or may involve, controlled conduct; criminal activity means conduct that involves the commission of a relevant offence by one or more persons; illicit goods means goods the possession, taking, receiving, buying, selling, consigning, storing or trafficking of which is a contravention of this Act; S. 131A def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 65.24). law enforcement officer means— (a) an authorised officer; or (b) a police officer; participant in an authorised operation means a law enforcement officer who is authorised
(c) to authorise participants in the operation to engage in additional or alternative controlled conduct; (d) to identify additional suspects (to the extent known). (2) More than one application for a variation may be made in respect of the same authority, but no single variation may extend the period of validity of an authority for more than 3 months at a time. (3) An application for a variation of authority must be in writing signed by the applicant. S. 131H(4) amended by No. 68/2016 s. 122(2). (4) The chief executive officer may require the applicant to furnish such information concerning the proposed variation as is necessary for the chief executive officer's proper consideration of the application. S. 131I inserted by No. 16/2004 s. 49. 131I Determination of application to vary authority S. 131I(1) amended by No. 68/2016 s. 123. (1) After considering an application for a variation of authority, and any additional information furnished under section 131H(4), the chief executive officer— (a) may vary the authority in accordance with the application; or (b) may refuse the application. (2) Section 131E applies to an application for a variation of authority under this section in the same way as it applies to an application for authority under section 131C.
(b) the person knows that, or is reckless as to whether, the information relates to an authorised operation; and (c) the person knows that, or is reckless as to whether, the disclosure is not made— (i) in connection with the administration or execution of this Act; or (ii) for the purposes of any legal proceeding arising out of or otherwise related to this Act or of any report of any such proceedings; or (iii) in accordance with any requirement imposed by law; or S. 131Q (1)(c)(iv) amended by Nos 29/2011 s. 3(Sch. 1 item 39.2), 82/2012 s. 101, 37/2014 s. 10(Sch. item 65.25), 60/2014 s. 140(Sch. 3 item 18). (iv) in accordance with Part 9 of the Victoria Police Act 2013, the Independent Broad-based Anticorruption Commission Act 2011, the Victorian Inspectorate Act 2011 or Division 8 or 9 of Part 3 of the Privacy and Data Protection Act 2014. Imprisonment for 2 years. (2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person— (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an authorised operation or a corresponding authorised operation; or (b) knows that, or is reckless as to whether, the disclosure of the information—
S. 148(9) amended by No. 68/2016 s. 144(5). (9) If an offence against subsection (7) is found proven, and the Victorian Fisheries Authority considers that had the correct information been provided— S. 148(9)(a) amended by No. 68/2016 s. 144(5). (a) the application would have been refused, the Victorian Fisheries Authority 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 Victorian Fisheries Authority considers appropriate; or S. 148(9)(b) amended by No. 68/2016 s. 144(5). (b) the application would have been materially affected, the Victorian Fisheries Authority may amend the licence, permit or other matter. S. 148(10) amended by Nos 5/1997 s. 39(2)(b) (i)(ii), 68/2016 s. 144(6). (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 Victorian Fisheries Authority 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). (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. S. 149(2) repealed by No. 5/1997 s. 40(1), new s. 149(2) inserted by No. 108/2003 s. 43. (2) Nothing in subsection (1) is intended to interfere with the right of the person to hold the (1) is merely intended to ensure that the person cannot exercise the rights of a licence holder while the licence is suspended.
S. 149(3) amended by No. 5/1997 s. 40(2). (3) The holder of a licence or permit or the personal representative of a deceased holder of a licence or permit or a registered financial interest in a licence may surrender the licence or permit in accordance with the regulations. 150 Royalties (1) A royalty may be imposed under this Act in respect of any licence or permit issued under this Act. S. 150(1A) inserted by No. 58/2005 s. 9(1). (1A) A royalty may be imposed under this Act in respect of an individual abalone quota unit issued under this Act. (2) The regulations may prescribe a royalty— (a) at a different rate in respect of specified classes of licences or permits; S. 150(2)(aa) inserted by No. 58/2005 s. 9(2). (aa) at a different rate in respect of specified classes of individual abalone quota units or in respect of specified classes of individual abalone quota units in relation to specified zones; S. 150(2)(b) amended by No. 5/1997 s. 41(1). (b) at a rate fixed by reference to— (i) the value; or (ii) the price; or (iii) the numbers; or (iv) the weight; or (v) the volume; or (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
(4) The Secretary must issue the new licence under subsection (3) at no additional cost to the person who held the cancelled licence. (5) Subject to subsection (3), any right or privilege acquired or accrued against the State of Victoria in respect of a licence cancelled by this section is extinguished, despite anything to the contrary in section 14(2) of the Interpretation of Legislation Act 1984. S. 153B inserted by No. 67/1996 s. 3. 153B Acquisition of scallop licences (1) The registered owner of a boat that has its licence cancelled under section 153A is entitled to be paid an amount determined by the Treasurer and the Minister. (2) Despite any Act or law to the contrary, the State of is not liable in any other way for any loss, damage or injury whatsoever resulting from the cancellation of a licence under section 153A. (3) Any amount determined by the Treasurer and the Minister under this section must be paid out of the Consolidated Fund (which is, by this subsection, appropriated to the necessary extent). S. 153C inserted by No. 51/2007 s. 13. 153C Restriction against commercial net fishing in (1) Despite anything to the contrary in this Act, a holder of a Westernport/Port Phillip Bay Fishery Access Licence is not authorised to use any fishing net in on and from 1 December 2007. (2) The holder of a Westernport/Port Phillip Bay Fishery Access Licence that is in force immediately before section 13 of the Fisheries Amendment Act 2007 comes into operation may be entitled to be paid an amount determined by the Treasurer and the Minister. (3) Despite any Act (other than the Charter of Human Rights and Responsibilities) or law to the
(2) For the avoidance of doubt, the reference in subsection (1) to an action taken or a decision made includes, but is not limited to— (a) the restriction on the use of any fishing net in Corio Bay; and (b) the restriction on the use of any fishing net in Port Phillip Bay; and (c) the determination of which of the holders of a Western Port/Port Phillip Bay Fishery Access Licence may retain their licence on and after 1 April 2022; and (d) the amount paid under section 153E(2) to the holders of a Western Port/Port Phillip Bay Fishery Access Licence who retain their licence on an after 1 April 2022; and S. 153J(2)(e) amended by No. 68/2016 s. 149(a). (e) the cancellation by the Secretary or the Victorian Fisheries Authority of a licence following an election by the licence holder to surrender their licence; and S. 153J(2)(f) amended by No. 68/2016 s. 149(b). (f) the cancellation by the Victorian Fisheries Authority of a licence after 1 April 2021; and (g) the determination, in accordance with section 153I, of the amounts payable to a licence holder whose licence is cancelled. S. 153K inserted by No. 64/2015 s. 5, amended by No. 68/2016 s. 150. 153K Delegation The Victorian Fisheries Authority by instrument may delegate any power, duty or function of the Victorian Fisheries Authority under this Division or Schedule 4, other than this power of delegation, to any person including a body corporate. S. 153L inserted by No. 64/2015 s. 5. 153L Transfer of licence (1) A holder of a Western Port/Port Phillip Bay Fishery Access Licence who has made a
eligible specified access licence holder means a person who is the holder of an access licence that is— (a) a relevant access licence; and (b) a specified access licence; fishing operating costs means the costs of— (a) fuel and labour; and (b) repairs and maintenance of any boat and of any fishing equipment— incurred in taking or attempting to take fish or fishing bait for sale; fishing prohibition means the application of subsection (1) of section 45A of the National Parks Act 1975 to the whole or any part of a park or sanctuary; licence year means a period of 12 months beginning on 1 April in any calendar year and ending on 31 March in the following calendar year; Panel means the Compensation Assessment Panel established under section 184(1); 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—
Parks and Sanctuaries National Parks Act 1975 Compensable Years Beware Reef Marine Sanctuary Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Part 8 of Schedule Seven Part 9 of Schedule Seven Part 10 of Schedule Seven Part 12 of Schedule Seven Part 13 of Schedule Seven Part 2 of Schedule Eight Part 5 of Schedule Eight Part 11 of Schedule Eight 2. All marine national parks Beware Reef Marine Sanctuary Parts 1 to 13 of Schedule Seven Part 2 of Schedule Eight 1 April 2004 to 31 March 2005 1 April 2005 to 31 March 2006 Items Column 1 Names of Parks and Sanctuaries Column 2 Parts and Schedule Numbers of National Parks Act 1975 Column 3 Compensable Years Marengo Reefs Marine Sanctuary The Arches Marine Sanctuary Part 5 of Schedule Eight Part 11 of Schedule Eight Part 8 of Schedule Eight,
the election made by the licence holder is unsuccessful. Part 2—Election to surrender licence 5 Definitions In this Part— continuing licence holder means a licence holder who is entitled under section 153F(3) to retain a Western Port/Port Phillip Bay Fishery Access Licence on and after 1 April 2022; election period means— (a) the initial election period; or (b) the 12 month period commencing on— (i) 1 April 2016; or (ii) 1 April 2017; or (iii) 1 April 2018; or (iv) 1 April 2019; or (v) 1 April 2020; eligible licence holder means— (a) in the case of the initial election period—all licence holders; (b) in the case of any other election period—all remaining licence holders; initial election period means the period commencing on the day section 5 of the Fisheries Amendment Bill 2015 comes into operation and ending immediately before 1 April 2016; licence holder has the same meaning as in section 153D;
foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Fisheries Act 1995 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Fisheries (Amendment) Act 1996, No. 67/1996 Assent Date: 17.12.96 Commencement Date: Ss 1, 2 on 17.12.96: s. 2(1); ss 3–5 on 31.3.97: Government Gazette 27.3.97 p. 665 : All of Act in operation Fisheries (Further Amendment) Act 1997, No. 5/1997 (as amended by No. 74/2000) Assent Date: 22.4.97 Commencement Date: 22.4.97: s. 2 : All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Fisheries Act 1995 Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 Assent Date: 10.11.98 Commencement Date: S. 8 on 15.12.98: s. 2(5) : This information relates only to the provision/s amending the Fisheries Act 1995 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 49) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Fisheries Act 1995 Fisheries (Amendment) Act 2000, No. 80/2000
Assent Date: 28.11.00 Commencement Date: Ss 3–8, 10–21 on 29.11.00: s. 2(1); s. 9 on 1.3.01: Government Gazette 8.2.01 p. 168; s. 22 on 1.4.03: s. 2(4) : This information relates only to the provision/s amending the Fisheries Act 1995 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 46) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Fisheries Act 1995 Fisheries (Further Amendment) Act 2002, No. 17/2002 Assent Date: 21.5.02 Commencement Date: Ss 5–31 on 22.5.02: s. 2(1); ss 3, 4 on 1.7.03: s. 2(3) : This information relates only to the provision/s amending the Fisheries Act 1995 National Parks ( and Marine Sanctuaries) Act 2002, No. 40/2002 Assent Date: 18.6.02 Commencement Date: Ss 25–27 on 16.11.02: s. 2 : This information relates only to the provision/s amending the Fisheries Act 1995 Seafood Safety Act 2003, No. 24/2003 Assent Date: 13.5.03 Commencement Date: S. 93 on 1.7.03: Government Gazette 26.6.03 p. 1548 : This information relates only to the provision/s amending the Fisheries Act 1995 Fisheries (Amendment) Act 2003, No. 56/2003 Assent Date: 16.6.03 Commencement Date: Ss 3, 4 on 17.6.03: s. 2 : This information relates only to the provision/s amending the Fisheries Act 1995 Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003 Assent Date: 2.12.03 Commencement Date: S. 11 on 3.12.03: s. 2 : This information relates only to the provision/s amending the Fisheries Act 1995 Fisheries (Further Amendment) Act 2003, No. 108/2003 (as amended by No. 22/2004)