2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Territory and Municipal Services)
Fisheries Amendment Bill 2006

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Kinds of licences
New section 19 (d)	2
	5	New section 22A	2
	6	Import and export licences—relevant considerations
Section 28 (1) (d)	3
	7	New section 28A	3
	8	Terms of licences
Section 29 (2)	3
	9	Section 46 heading	4
	10	New section 46 (1A)	4
	11	New section 46 (2A)	4
	12	Section 46 (4)	4
	13	Section 47 heading	5
	14	New section 47 (1A)	5
	15	Section 49 heading	5
	16	Section 49 (1), note	5
	17	New section 49 (1A)	5
	18	Section 49 (3)	6
	19	New sections 76A to 76C	6
	20	Guidelines
New section 113 (1) (ca)	8
	21	Dictionary, new definitions	8
	22	Dictionary, definition of licence, new paragraph (d)	8
	23	Dictionary, new definitions	8
	24	Fisheries Regulation 2001, new section 4A	9

2006
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for the Territory and Municipal Services)
Fisheries Amendment Bill 2006

A Bill for
An Act to amend the Fisheries Act 2000, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Fisheries Amendment Act 2006.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Fisheries Act 2000.
Note	This Act also amends the Fisheries Regulation 2001 (see s 24).
4	Kinds of licences
New section 19 (d)
in division 4.1, insert
	(d)	priority species licences.
5	New section 22A
in division 4.1, insert
22A	Priority species licences
A priority species licence authorises the licensee to do 1 or more of the following in relation to a commercial quantity of fish of a priority species:
	(a)	sell the fish; 
	(b)	possess or gain possession or control of the fish for sale; 
	(c)	receive the fish; 
	(d)	process the fish.
6	Import and export licences—relevant considerations
Section 28 (1) (d)
omit
section 16, 17 or 21
substitute
section 33, section 34 or section 38
7	New section 28A
insert
28A	Issue of priority species licences—relevant considerations
	(1)	In deciding whether to issue a priority species licence, the conservator must consider—
	(a)	whether the applicant has been convicted, or found guilty, of an offence against this Act, the Nature Conservation Act 1980, part 4, or a law of a State corresponding to this Act or that part; and
	(b)	how fish of a priority species would be stored and transported; and
	(c)	the impact of issuing the licence on the availability of fish of a priority species.
	(2)	Subsection (1) does not limit the matters the conservator may consider in deciding whether to issue a priority species licence.
8	Terms of licences
Section 29 (2)
substitute
	(2)	A scientific licence and a priority species licence are issued for the term of not longer than 3 years stated in the licence.
9	Section 46 heading
substitute
46	Commercial fishers, priority species licence holders and fish dealers to make records
10	New section 46 (1A)
insert
	(1A)	The holder of a priority species licence must—
	(a)	make a record of all fish of a priority species the holder receives or sells; and 
	(b)	if a direction is in force under subsection (4) in relation to the record—make the record in accordance with the direction.
Maximum penalty:  50 penalty units.
11	New section 46 (2A)
insert
	(2A)	Subsections (1), (1A) and (2) apply whether or not—
	(a)	the fish were sold to a purchaser within the ACT; or
	(b)	the fish were taken from waters in the ACT.
12	Section 46 (4)
omit
under subsection (1) or (2)
substitute
under subsection (1), (1A) or (2)
13	Section 47 heading
substitute
47	Keeping of records by commercial fishers, priority species licence holders and fish dealers
14	New section 47 (1A)
insert
	(1A)	If a person makes a record as required under section 46 (1A), the person must keep the record for at least 5 years.
Maximum penalty:  50 penalty units.
15	Section 49 heading
substitute
49	Commercial fishers, priority species licence holders and fish dealers to supply information
16	Section 49 (1), note
substitute
Note 1	For how documents may be given, see the Legislation Act, pt 19.5.
Note 2	For offences in relation to giving false or misleading information to a person exercising a function under a Territory law etc, see the Criminal Code, pt 3.4 (False or misleading statements, information and documents).
17	New section 49 (1A)
insert
	(1A)	The conservator may, by written notice to the holder of a priority species licence, require the licence holder to give the conservator, within a reasonable time stated in the notice, the information about the fish received or sold by him or her stated in the notice.
18	Section 49 (3)
omit
under subsection (1) or (2)
substitute
under subsection (1), (1A) or (2)
19	New sections 76A to 76C
insert
76A	Trafficking in commercial quantity of fish of priority species
	(1)	A person commits an offence if—
	(a)	the person traffics in a commercial quantity of fish of a priority species; and
	(b)	the person does not hold a priority species licence authorising the trafficking.  
Maximum penalty:  1000 penalty units, imprisonment for 10 years or both.
	(2)	This section does not apply if the person receives or processes the fish for personal or domestic consumption.
	(3)	In this section:
traffic in fish includes—
	(a)	sell fish; and
	(b)	possess or gain possession or control of fish with the intention of selling any of it; and
	(c)	receive fish; and
	(d)	process fish.
76B	Taking commercial quantity of fish of priority species
	(1)	A person commits an offence if—
	(a)	the person takes a commercial quantity of fish of a priority species in a 24-hour period; and
	(b)	the person does not hold a priority species licence authorising the taking.
Maximum penalty:  1000 penalty units, imprisonment for 10 years or both.
	(2)	This section does not apply if the person takes the fish for personal or domestic consumption.
	(3)	In this section:
take means gain possession or control by any means.
76C	Possessing commercial quantity of fish of a priority species
	(1)	A person commits an offence if—
	(a)	the person possesses a commercial quantity of fish of a priority species; and
	(b)	the person does not hold a priority species licence authorising the possession.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
	(2)	This section does not apply if the person possesses the fish for personal or domestic consumption.
20	Guidelines
New section 113 (1) (ca)
insert
	(ca)	section 28A (Issue of priority species licences—relevant considerations);
21	Dictionary, new definitions
insert
abalone means blacklip and greenlip abalone and includes all other species of abalone.
commercial quantity of fish of a priority species means the quantity prescribed by regulation as a commercial quantity of the fish.
fish of a priority species means—
	(a)	abalone; and
	(b)	rock lobster; and
	(c)	fish of any other species prescribed by regulation as a priority species.
22	Dictionary, definition of licence, new paragraph (d)
insert
	(d)	a priority species licence.
23	Dictionary, new definitions
insert
priority species licence means a licence mentioned in section 22A.
rock lobster means an animal of the genus Jasus.
24	Fisheries Regulation 2001, new section 4A
insert
4A	Commercial quantity—Act, dictionary
The quantity of fish of a priority species that is a commercial quantity is as follows:
	(a)	for abalone—100 or more;
	(b)	for rock lobster—20 or more.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2006.
2	Notification
	Notified under the Legislation Act on	2006.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2006