Fisheries Act 2000

Australian Capital Territory Fisheries Act 2000 A2000-38 Republication No 17 Effective: 23 October 2018 Republication date: 23 October 2018 Last amendment made by A2018-33 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Fisheries Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 23 October 2018. It also includes any commencement, amendment, repeal or expi1y affecting this republished law to 23 October 2018. The legislation histmy and amendment histo1y of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel' s Office prepares 2 kinds ofrepublications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other char1ges of a fo1mal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentaiy Counsel considers they ai·e desirable to bring the law into line, or more closely into line, with cmTent legislative drafting practice. This republication does not include ainendments made under pait 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol [QJ appears iimnediately before the provision headii1g. Any uncommenced ainendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more mfonnation, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a cunent modification, the symbol CM:] appears immediately before the provision headii1g. The text of the modifying provision appears ii1 the endnotes. For the legal stah1s of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence agaii1st this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133). Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Australian Capital Territory Fisheries Act 2000 Contents Part 1 3 4 4A 48 Part 2 Preliminary Name of Act Objects Dictionary Notes Offences against Act- application of Criminal Code etc Fisheries management plan 5 Content of fisheries management plan 6 Preparation of fisheries management plan 7 Consultation on draft plan 8 Consideration of suggestions etc and revision of draft plan 8A Formal changes to draft plan 9 Submission of draft plan to Minister 10 Minister's powers about draft plan R 17 Fisheries Act 2000 23/10/18 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au Page 2 2 2 2 3 4 4 4 5 5 6 6 contents 1 Contents 11 12 Part 3 13 14 15 16 17 Part 4 Referral back of draft plan to conservator Fisheries management plan disallowable instrument etc Fishing closures and declarations Fishing closures Declaration of noxious fish Declaration of fish of prohibited size or weight Declaration of fish quantity Declaration of fishing gear Licences Division 4.1 Kinds of licences 19 20 21 22 Kinds of licences Commercial fishing licences Scientific licences Import and export licences 22A Priority species licences Division 4.2 Issue of licences 23 Applications for licences 24 Additional information may be required 25 Decision on application 26 Issue of commercial fishing licences- relevant considerations 27 Issue of scientific licences- relevant considerations 28 Import and export licences- relevant considerations 28A Issue of priority species licences- relevant considerations 29 Terms of licences 30 Licence conditions and exemptions 31 Licence changes 32 Rights given by licences 33 Surrender of licences 34 Cancellation of licences 35 Register of licences 36 Inspection of register contents 2 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Page 6 7 8 8 8 9 9 10 10 10 10 11 11 11 12 12 13 13 15 15 16 16 17 17 18 19 19 R17 23/10/18 Contents Part 5 Division 5.1 Commercial dealing Fish dealers 37 Fish dealers to be registered 38 Application for reg istration 39 Decision on application 40 Term of registration 41 Suspension of registration 42 Cancellation of registration 43 Register of dealers 44 Inspection of register Division 5.2 Commercial fishers 45 Sale of fish by commercial fishers Part 6 Records and information Division 6.1 Keeping records and giving information 46 Commercial fishers, priority species licence holders and fish dealers to Page 20 21 21 21 21 22 22 22 23 make records 24 47 Keeping of records by commercial fishers, priority species licence holders and fish dealers 25 48 Production of records to conservation officers 25 49 Commercial fishers, priority species licence holders and fish dealers to supply information 26 Division 6.2 Powers in relation to records 51 Possession of records 52 Copying and keeping records etc Part 7 Conservation officer's powers Division 7.1 Powers for places 53 Meaning of occupier for div 7 .1 54 Entry to places 55 Consent to entry 56 Routine inspection of business premises 57 Warrants to enter 58 Warrants-application made other than in person 59 Powers on entry with consent R 17 Fisheries Act 2000 23/10/18 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au 27 27 28 28 28 29 30 31 32 contents 3 Contents 60 61 62 63 Powers on entry for routine inspection of business premises Powers on entry under a warrant Identity cards must be produced Entry into waters, and along banks etc Division 7.2 Other powers 64 65 66 67 Power to require name and address Power to require gear to be removed from water Seizure of fish etc Seizure and destruction of noxious fish Division 7.3 Other enforcement matters 68 Procedure after thing seized 69 Part 8 Compensation Offences Division 8.1 Unauthorised activities 74 Taking fish for sale without licence etc 75 76 76A 76B 76C 77 78 79 Taking fish contrary to scientific licence Importing or exporting live fish without authority Trafficking in commercial quantity of fish of priority species Taking commercial quantity of fish of priority species Possessing commercial quantity of fish of a priority species Possessing fish obtained illegally Noxious fish Release of fish Division 8.2 General offences 80 81 82 83 84 Fishing closure offences Prohibited size and weight offences Quantity of fish offences Beheading or filleting fish Use of live fin fish as bait etc Division 8.3 Offences in relation to fishing gear 85 Use of fishing gear generally 86 Non-permitted fishing gear 87 Use and possession of commercial fishing gear contents 4 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Page 32 33 33 34 34 35 35 35 36 37 38 39 39 40 41 41 42 42 42 43 43 44 44 45 45 45 46 R17 23/10/18 Division 8.4 Protection of aquatic habitats 88 Spawning areas Part 10 107 108 108A Part 11 109 110 111 112 113 114 115 116 Notification and review of decisions Meaning of reviewable decision- pt 10 Reviewable decision notices Applications for review Miscellaneous Delegation Acts and omissions of representatives Criminal liability of executive officers Production of licences Guidelines Determination of fees Approved forms Regulation-making power Schedule 1 Reviewable decisions Dictionary Endnotes About the endnotes 2 Abbreviation key 3 Legislation history 4 Amendment history 5 Earlier republications R 17 Fisheries Act 2000 23/10/18 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au Contents Page 47 48 48 48 49 49 50 52 53 53 54 54 55 56 61 61 62 65 73 contents 5 Australian Capital Territory Fisheries Act 2000 An Act about the management of fisheries R17 23/10/1 8 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 1 Part 1 Preliminary Section 1 Part 1 Preliminary 1 Name of Act 3 4 This Act is the Fisheries Act 2000. Objects The objects of this Act are (a) to conse1ve native fish species and their habitats; and (b) to manage sustainably the fisheries of the ACT by applying the principles of ecologically sustainable development mentioned in the Environment Protection Act 1997, section 2 (2); and ( c) to provide high quality and viable recreational fishing; and ( d) to cooperate with other Australian jurisdictions in sustaining fisheries and protecting native fish species. Dictionary The dictionaiy at the end of this Act is part of this Act. Note 1 The dictionaiy defines ce11ain tenns, and includes references (signpost definitions) to other tenns defined elsewhere. For example, the signpost definition 'fishing closure- see section 13' means the tenn ' fishing closure' is defined in section 13. Note 2 A definition in the dictionaiy (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contra1y intention othe1wise appears (see Legislation Act, s 155 and s 156 (1)). 4A Notes page 2 A note included in this Act is explanato1y and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status ofnotes. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Preliminary Part 1 Section 48 4B Offences against Act-application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code R17 23/10/1 8 The Criminal Code, eh 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens ofproofand general defences), and defines tenns used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 3 Part 2 Fisheries management plan Section 5 Part 2 Fisheries management plan 5 Content of fisheries management plan A fisheries management plan must include 6 ( a) a description of fish species and their habitats in the ACT; and (b) a description of current and potential threats to fish species and their habitats; and (c) measures to be taken to achieve the objects of this Act, including performance indicators and monitoring methods; and ( d) guidelines to which the conservator must have regard in exercising functions under this Act. Preparation of fisheries management plan The conservator must prepare a draft management plan for management of fish species and their habitats in the ACT. Note A power given under an Act to make a statut01y instrnment (including a management plan) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)). 7 Consultation on draft plan (1) If the conservator prepares a draft fisheries management plan, the conservator must prepare a written notice page 4 ( a) containing a brief description of the draft plan; and (b) stating where copies of the draft plan may be obtained; and ( c) inviting written suggestions or comments about the draft plan to be given to the conservator, at the place stated in the notice, within 60 working days after the day the notice is notified under the Legislation Act (the consultation perioa). Note For how documents may be given, see Legislation Act, pt 19.5. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 Fisheries management plan Part 2 Section 8 (2) The notice is a notifiable instrument. Note 1 A notifiable instnunent must be notified under the Legislation Act. Note 2 An amendment or repeal of a management plan is also a notifiable instnunent (see Legislation Act, s 46 (2)). (3) The conservator must give additional public notice of the notice. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, diet, pt 1). The requirement in s (3) is in addition to the requirement for notification on the legislation register as a notifiable instrnment. 8 Consideration of suggestions etc and revision of draft plan (1) The conservator must consider the suggestions and comments given to the conse1vator during the consultation period about the draft plan. (2) The conse1vator may, in writing, revise the draft plan in accordance with any of the suggestions or comments. SA Formal changes to draft plan (1 ) Sections 7 (Consultation on draft plan) and 8 (Consideration of suggestions etc and revision of draft plan) do not apply to an amendment of a management plan that only makes changes of a formal nature. (2) If the conse1vator makes an amendment of a management plan that only makes changes of a fonnal nature, the conservator must prepare a written notice containing a brief description of the changes. (3) The notice is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. R17 23/10/1 8 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 5 Part 2 Fisheries management plan Section 9 9 (4) The conservator must give additional public notice of the notice. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, diet, pt 1). The requirement in s ( 4) is in addition to the requirement for notification on the legislation register as a notifiable instrnment. Submission of draft plan to Minister The conservator must give a draft management plan (as revised under section 8 (2)) to the Minister for approval, together with (a) a written report setting out the issues raised in any written comments given to the conservator about the draft; and (b) a written report about the conservator's consultation with the public and with any paiticular entity about the draft. 1 O Minister's powers about draft plan On receiving a draft fisheries management plan, the Minister may­ ( a) make a fisheries management plan in the form of the draft plan; or (b) refer the draft plan to the conservator together with any of the following written directions: (i) to conduct further stated consultations; (ii) to consider any stated revision suggested by the Minister; (iii) to revise the draft plan in a stated way. 11 Referral back of draft plan to conservator (1 ) If the Minister refers the draft fisheries management plan to the conservator, the conservator page 6 ( a) must comply with the Minister' s directions; and Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au R17 23/10/18 Fisheries management plan Part 2 Section 12 (b) if the Minister directs the conservator to conduct further consultations or consider suggested revisions- may revise the draft plan in the way the conservator considers appropriate; and ( c) may revise the plan to make changes of a formal nature; and ( d) must give the draft plan ( as revised) to the Minister together with a written report about the conservator' s compliance with the Minister's directions and any revision of the draft plan under paragraph (b) or (c). (2) The Minister must deal with the draft fisheries management plan (as revised) under section 10 (Minister's powers about draft plan). 12 Fisheries management plan disallowable instrument etc (1) A fisheries management plan is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) Unless a fisheries management plan is disallowed by the Legislative Assembly, the plan corrunences R17 23/10/1 8 (a) on the day after the last day when it could have been disallowed; or (b) if the detennination provides for a later date or time of commencement-on that date or at that time. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 7 Part 3 Fishing closures and declarations Section 13 Part 3 Fishing closures and declarations 13 Fishing closures (1) The Minister may, in writing, prohibit absolutely or conditionally, the taking of fish from public waters for a stated period. (2) A prohibition under subsection (1) is a fishing closure. (3) A prohibition under subsection (1) is a disallowable instrument. Note A disallowable instrnment must be notified, and presented to the Legislative Assembly, under the Legislation Act. 14 Declaration of noxious fish ( 1) The Minister may, in writing, declare a species of fish to be noxious. (2) A declaration is a disallowable instrument. Note A disallowable instrnment must be notified, and presented to the Legislative Assembly, under the Legislation Act. 15 Declaration of fish of prohibited size or weight (1) The Minister may, in writing, declare that fish of stated sizes or weights are fish of prohibited sizes or weights. (2) A declaration is a disallowable instrument. page 8 Note A disallowable instrnment must be notified, and presented to the Legislative Assembly, under the Legislation Act. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 Fishing closures and declarations Part 3 Section 16 16 Declaration of fish quantity ( 1) The Minister may, in writing, declare the quantity of a species of fish that a person may take in a day. (2) A declaration is a disallowable instrument. Note A disallowable instrnment must be notified, and presented to the Legislative Assembly, under the Legislation Act. 17 Declaration of fishing gear ( 1) The Minister may, in writing, declare fishing gear that may be used for taking fish. (2) A declaration is a disallowable instrument. R17 23/10/18 Note A disallowable instrnment must be notified, and presented to the Legislative Assembly, under the Legislation Act. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 9 Part 4 Division 4.1 Section 19 Licences Kinds of licences Part 4 Division 4.1 Licences Kinds of licences 19 Kinds of licences The conservator may issue the following kinds of licences: ( a) c01m11ercial fishing licences; (b) scientific licences; ( c) import and export licences; ( d) priority species licences. 20 Commercial fishing licences A commercial fishing licence authorises the licensee to take fish for sale. 21 Scientific licences A scientific licence authorises the licensee to take fish for purposes stated in the licence that are ( a) scientific purposes; or (b) teaching purposes; or (c) museum or aquanum purposes. 22 Import and export licences page 10 An import and export licence authorises the licensee to import live fish into and export live fish from the ACT. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Licences Issue of licences Part 4 Division 4.2 Section 22A 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. Division 4.2 Issue of licences 23 Applications for licences An application for a licence must be given to the conservator. Note 1 A fee may be detennined under s 114 for this section. Note 2 If a form is approved under s 115 for an application, the fonn must be used. Note 3 For how documents may be given, see Legislation Act, pt 19.5. 24 Additional information may be required (1) The conservator may, by written notice given to the applicant, require the applicant to give the conservator additional stated infonnation or documents that the conservator reasonably needs to decide the application. Note For how documents may be given, see Legislation Act, pt 19.5. (2) The conse1vator is not required to decide an application until the applicant complies with the requirement. R17 23/10/1 8 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 11 Part 4 Division 4.2 Licences Issue of licences Section 25 25 Decision on application The conservator must, on application being made under section 23 ( a) issue a licence; or (b) refuse to issue a licence. 26 Issue of commercial fishing licences-relevant considerations (1) In deciding whether to issue a commercial fishing licence, the conservator must consider ( a) whether the applicant has been convicted, or found guilty, of an offence against (i) this Act; or (ii) the Nature Conservation Act 2014, division 6.1.2 (Native animals); or (iii) a law of another jurisdiction corresponding, or substantially conesponding, to this Act or that division; and (b) the methods and fishing gear the applicant proposes to use to take fish; and ( c) the catch limit proposed by the applicant; and ( d) the waters where the applicant proposes to take fish; and ( e) the periods when the licence is proposed to be in force; and (f) the potential effect on the relevant fisheries and the environment of issuing the licence. (2) Subsection (1) does not limit the matters the conservator may consider in deciding whether to issue a commercial fishing licence. page 12 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Licences Issue of licences Part 4 Division 4.2 Section 27 27 Issue of scientific licences-relevant considerations (1) In deciding whether to issue a scientific licence, the conservator must consider (a) if the application is for a licence for research purposes- whether the Animal Welfare Act 1992, pait 4 would apply to the activity proposed to be unde1taken under the licence and, if so, whether the activity has been authorised under that pait; and (b) if the application is for a licence for collection purposes- the methods and fishing gear proposed to be used by the applicant for taking fish and the species and number of fish proposed to betaken;and ( c) the potential effect on the relevant fisheries and the environment of issuing the licence. (2) Subsection (1) does not limit the matters the conservator may consider in deciding whether to issue a scientific licence. 28 Import and export licences-relevant considerations (1) In deciding whether to issue an imp01t and export licence, the conservator must consider R17 23/10/1 8 ( a) whether the applicant has been convicted, or found guilty, of an offence against (i) this Act; or (ii) the Nature Conservation Act 2014, division 6.1.2 (Native animals); or (iii) a law of another jurisdiction corresponding, or substai1tially corresponding, to this Act or that division; and Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 13 Part 4 Division 4.2 Licences Issue of licences Section 28 (b) if the licence is to authorise the applicant to import fish (i) the qualifications and experience of the applicant 111 relation to handling and keeping fish; and (ii) the suitability of the place where the applicant intends to keep fish; and (iii) the suitability of the applicant' s facilities for keeping fish; and (iv) the likelihood that the fish could be a threat to fish in waters of the ACT or be otherwise hannful; and ( c) if the licence is to auth01ise the applicant to export fish- the extent to which expmt of the fish under the licence may affect the viability of any fish species in the ACT; and ( d) whether fish that may be imp01ted or exp01ted under the licence (i) are an endangered species; or (ii) are a vulnerable species; or (iii) have special protection status; or (iv) are a protected native species; or (v) are exempt animals; and (e) how fish to be imported or exported under the licence would be transp01ted. (2) Subsection (1) does not limit the matters the conservator may consider in deciding whether to issue an import and exp01t licence. (3) In this section: page 14 endangered species- see the Nature Conservation Act 2014, dictionaiy. ex,empt animal-see the Nature Conservation Act 2014, section 154. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Licences Issue of licences Part 4 Division 4.2 Section 28A protected native species- see the Nature Conservation Act 2014, section 110. special protection status- see the Nature Conservation Act 2014, section 109. vulnerable species- see the Nature Conservation Act 2014, dictionaiy. 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 ai1 offence against (i) this Act; or (ii) the Nature Conservation Act 2014, division 6.1.2 (Native animals); or (iii) a law of another jurisdiction corresponding, or substantially corresponding, to this Act or that division; and (b) how fish of a priority species would be stored and transp01ted; 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. 29 Terms of licences (1) A commercial fishing licence and an import and exp01t licence are issued for a term of 1 year. R17 23/10/18 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 15 Part 4 Division 4.2 Licences Issue of licences Section 30 (2) A scientific licence is issued for the tenn of not longer than 3 years stated in the licence. (2) A scientific licence and a priority species licence are issued for the tenn of not longer than 3 years stated in the licence. 30 Licence conditions and exemptions (1) A licence is subject to any conditions stated in the licence. (2) Without limiting subsection (1), a licence may be issued subject to conditions about ( a) the number of fish that may be taken; or (b) the waters where the fish may be taken; or (c) the times or periods when the licence is to have effect; or ( d) the ways in which fish may be taken under the licence; or ( e) the species of fish that may be taken. (3) A scientific licence may, either absolutely or conditionally, exempt the licensee from the application of a declaration under pait 3. Note A reference to a statutmy instrument (including a declaration) includes a reference to a provision of a stah1to1y instmment (see Legislation Act, s 13 (3)). 31 Licence changes ( 1) On application by the holder of a licence, the conservator may change the licence. (2) If the conse1vator changes a licence under subsection (1), the conse1vator must give written notice of the change to the licensee. Note For how documents may be given, see Legislation Act, pt 19.5. (3) The conservator may change a licence on his or her own initiative if the conservator is satisfied that it is in the public interest to do so. page 16 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Licences Issue of licences Part 4 Division 4.2 Section 32 ( 4) Before changing a licence on his or her own initiative, the conservator must give the licensee a \¥ritten notice ( a) stating how the conservator proposes to change the licence; and (b) stating the reasons why the conse1vator proposes to change the licence; and ( c) telling the licensee that the licensee may, within 14 days begim1ing on the day after receiving the notice, give a written response to the conse1vator about the matters stated in the notice. (5) In deciding whether to change the licence as proposed, the conse1vator must consider any response given to him or her in accordance with subsection (4) (c). ( 6) The conservator must give the licensee written notice of his or her decision. (7) A change of licence takes effect on the day when the notice is served on the licence holder or, if the notice states a later date of effect, that date. 32 Rights given by licences A licence does not authorise the licensee to enter on­ ( a) land held under a lease; or (b) land occupied by a person under a licence from the Te1Tito1y or the Commonwealth. 33 Surrender of licences (1 ) A licensee may surrender his or her licence by writt.en notice to the conse1vator. R17 23/10/1 8 Note For how documents may be given, see Legislation Act, pt 19.5. Fisheries Act 2000 Effective: 23/10/1 8 page 17 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Part 4 Division 4.2 Section 34 Licences Issue of licences (2) The surrender of a licence takes effect from the day the notice of sunender is given to the conservator or, if the notice states a later date of effect, that date. 34 Cancellation of licences (1 ) The conservator may cancel a licence if ( a) the conservator becomes aware of circumstances that, if the conservator had been aware of them at the time of the application for the licence, would have resulted in the application being refused; or (b) the licensee is convicted, or found guilty, of an offence against (i) this Act; or (ii) the Nature Conservation Act 2014, division 6.1.2 (Native animals); or (iii) a law of another jurisdiction corresponding, or substantially corresponding, to this Act or that division; or ( c) the licensee contravenes a condition of the licence; or ( d) the licence was obtained by fraud or misrepresentation. (2) Before cancelling a licence, the conservator must give the licensee a written notice page 18 ( a) stating the grounds on which the conservator proposes to cancel the licence; and (b) stating the facts that, in the conservator' s opinion, establish the grounds; and ( c) telling the licensee that the licensee may, within 14 days begim1ing the day after receiving the notice, give a written response to the conservator about the matters in the notice. Note For how documents may be given, see Legislation Act, pt 19.5. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Licences Issue of licences Part 4 Division 4.2 Section 35 (3) In deciding whether to cancel the licence, the conservator must consider any response given to him or her in accordance with subsection (2) (c). (4) The conservator must give the licensee written notice of the conse1vator's decision. (5) Cancellation of a licence takes effect on the day when notice of the cancellation is se1ved on the licence holder or, if the notice states a later date of effect, that date. 35 Register of licences (1) The conservator must prepare and keep a register of licences. (2) The conse1vator must include in the register the name of each person to whom a licence is issued, the kind of licence issued to the person, any conditions to which the licence is subject and any exemption from the application of a declaration under part 3 given to the licensee. 36 Inspection of register (1 ) A person may, without charge, inspect the register during the office hours of the office of the conse1vator. (2) A person may, on payment of the reasonable copying costs, obtain a copy of all or pa1t of the register. R17 23/10/18 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 19 Part 5 Division 5.1 Section 37 Commercial dealing Fish dealers Part 5 Division 5.1 Commercial dealing Fish dealers 37 Fish dealers to be registered (1 ) A person commits an offence if ( a) the person receives, within the period prescribed by regulation, more than the prescribed number of fish; and (b) the person is not registered as a fish dealer under this Act; and ( c) the person does not receive the fish from a person who is (i) registered as a fish dealer under this Act; or (ii) registered or licensed as a fish dealer under a corresponding law. Maximum penalty: 50 penalty units. (2) This section does not apply to the person if­ ( a) the fish are received for retail sale; or (b) the fish are received for purposes other than sale. (3) An offence against this section is a strict liability offence. (4) In this section: page 20 fish does not include oysters. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Commercial dealing Fish dealers Part 5 Division 5.1 Section 38 38 Application for registration An application for registration as a fish dealer must be given to the conservator. Note 1 A fee may be detennined under s 114 for this section. Note 2 If a form is approved under s 115 for an application, the form must be used. Note 3 For how documents may be given, see Legislation Act, pt 19.5. 39 Decision on application (1) The conse1vator must, on application being made under section 38 (a) register the applicant as a fish dealer; or (b) refuse to register the applicant. (2) In deciding whether to register an applicant, the conse1vator must consider whether the applicant has been convicted, or found guilty, of an offence against this Act or a law of a State co1Tesponding to this Act. (3) Subsection (2) does not limit the matters the conservator may consider in deciding whether to register an applicant. 40 Term of registration The registration of a person as a fish dealer is for the te1m of not longer than 7 years stated in the register in relation to the person. 41 Suspension of registration R17 23/10/1 8 If a registered fish dealer fails to give information in accordance with a notice under section 49 (3), the conse1vator may, by notice 111 writing given to the dealer, suspend the dealer's registration. Note For how documents may be given, see Legislation Act, pt 19.5. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 21 Part 5 Division 5.1 Section 42 Commercial dealing Fish dealers 42 Cancellation of registration The conservator may cancel a fish dealer's registration if (a) the dealer is convicted, or found guilty, of an offence against this Act, or a law of a State corresponding to this Act; or (b) the dealer' s registration has been suspended for failure to give infonnation in accordance with a notice under section 49 (3) and the dealer has failed to give that infonnation within 14 days after the day of suspension. 43 Register of dealers (1) The conservator must prepare and keep a register of fish dealers. (2) A person is registered as a fish dealer if the conservator enters in the register (a) the person's name; and (b) if the person can ies on business in the ACT as a fish dealer under a name other than his or her own name- the name under which he or she so canies on business; and (c) each place in the ACT where the person canies on business as a fish dealer. 44 Inspection of register (1) A person may, without charge, inspect the register during the office hours of the office of the conservator. (2) A person may, on payment of the reasonable copying costs, obtain a copy of all or pait of the register. page 22 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Division 5.2 Commercial dealing Commercial fishers Commercial fishers 45 Sale of fish by commercial fishers Part 5 Division 5.2 Section 45 (1) The holder of a commercial fishing licence under this Act or a corresponding law must not sell in a day more than the quantity of fish prescribed by regulation. Maximum penalty: 100 penalty units. (2) Subsection (1) does not apply in relation to any quantity of fish sold to a person who is registered or licensed as a fish dealer under this Act or a corresponding law. (3) In this section: R17 23/10/1 8 fish does not include oysters. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 23 Part 6 Division 6.1 Section 46 Records and information Keeping records and giving information Part 6 Division 6.1 Records and information Keeping records and giving information 46 Commercial fishers, priority species licence holders and fish dealers to make records (1) The holder of a commercial fishing licence must (a) make a record of all fish the holder takes or sells; and (b) if a direction is in force under subsection ( 6) in relation to the record- make the record in accordance with the direction. Maximum penalty: 10 penalty units. (2) 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 ( 6) in relation to the record- make the record in accordance with the direction. Maximmn penalty: 50 penalty units. (3) A fish dealer must (a) make a record of all fish the dealer receives, processes or sells; and (b) if a direction is in force under subsection ( 6) in relation to the record- make the record in accordance with the direction. Maximum penalty: 10 penalty units. (4) Subsections (1), (2) and (3) apply whether or not page 24 (a) the fish were sold to a purchaser within the ACT; or (b) the fish were taken from waters in the ACT. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Records and information Keeping records and giving information Part 6 Division 6.1 Section 47 (5) An offence against this section is a strict liability offence. (6) The conservator may, in writing, give directions about how records under subsection (1), (2) or (3) must be made. (7) An instrnment under subsection ( 6) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 47 Keeping of records by commercial fishers, priority species licence holders and fish dealers ( 1) If a person makes a record as required under section 46 (1 ), the person must keep the record for at least 5 years. Maximum penalty: 10 penalty units. (2) If a person makes a record as required under section 46 (2), the person must keep the record for at least 5 years. Maximum penalty: 50 penalty units. (3) If a person makes a record as required under section 46 (3), the person must keep the record for at least 5 years. Maximum penalty: 50 penalty units. ( 4) An offence against this section is a strict liability offence. 48 Production of records to conservation officers ( 1) If a person who is required under section 4 7 to keep a record is asked to produce the record by a conservation officer, the person must produce the record to the conservation officer. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. R17 23/10/18 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 25 Part 6 Division 6.1 Section 49 Records and information Keeping records and giving information 49 Commercial fishers, priority species licence holders and fish dealers to supply information ( 1) The conservator may, by written notice to the holder of a commercial fishing licence, require the licence holder to give the conservator, within a reasonable time stated in the notice, the information about the fish taken or sold by him or her stated in the notice. 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 infonnation to a person exercising a function under a Te1Tit01y law etc, see the Criminal Code, pt 3.4 (False or misleading statements, infonnation and documents) . (2) The conse1vator may, by written notice to the holder of a priority species licence, require the licence holder to give the conse1vator, within a reasonable time stated in the notice, the information about the fish received or sold by him or her stated in the notice. (3) The conse1vator may, by written notice to a fish dealer, require the dealer to give the conse1vator, within a reasonable time stated in the notice, the information about the fish received, processed or sold by him or her stated in the notice. ( 4) If a person is given a notice under subsection (1 ), (2) or (3), the person must give the conservator the information stated in the notice within the time stated in the notice. Maximum penalty: 50 penalty units, imp1i sonment for 6 months or both. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. (5) Subsection (4) does not apply if the person has a reasonable excuse. (6) An offence against this section is a strict liability offence. page 26 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Records and information Powers in relation to records Part 6 Division 6.2 Section 51 Division 6.2 Powers in relation to records 51 Possession of records (1) If records are produced to a conservation officer by a person under section 48, the officer may take possession of the records. (2) If the conservation officer takes possession of the records, the officer must (a) offer the person a receipt for the records; and (b) allow a person who would be entitled to inspect the records if they were not in the possession of the officer, at any reasonable time, to inspect them. 52 Copying and keeping records etc ( 1) If a conservation officer takes possession of records under section 51, the officer may ( a) make copies of, or take extracts from, the records; and (b) if the officer has reason to believe the records are evidence of an offence against this Act- keep the records until proceedings for the offence have been dealt with. Note A reference to an Act includes a reference to the statut01y instnunents made or in force under the Act, including regulations (see Legislation Act, s 104). (2) A conservation officer who takes possession of records under section 51 must, unless subsection (1) (b) applies, return the records to the person from whom they were taken within a reasonable time. R17 23/10/18 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 27 Part 7 Division 7.1 Section 53 Conservation officer's powers Powers for places Part 7 Conservation officer's powers Note for pt 7 The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. Division 7 .1 Powers for places 53 Meaning of occupierfor div 7.1 In this division: occupier, of a place, includes (a) a person believed on reasonable grounds to be an occupier of the place; and (b) a person apparently in charge of the place. 54 Entry to places (1) A conservation officer may enter a place if­ (a) its occupier consents to the entiy; or (b) the entiy is for a routine inspection under section 56; or ( c) the entiy is autholised by a wan ant. (2) An authorised officer may, without the occupier' s consent or a wanant, enter the land around premises to ask its occupier for consent to enter the premises. 55 Consent to entry (1) This section applies if a conservation officer intends to ask an occupier of a place to consent to the officer or another conservation officer entering the place. (2) Before asking for the consent, the officer must tell the occupier­ ( a) of the purpose of the entiy ; and page 28 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Conservation officer's powers Powers for places (b) that the occupier is not required to consent. Part 7 Division 7.1 Section 56 (3) If the consent is given, the officer may ask the occupier to sign an acknowledgment of the consent. (4) The acknowledgment must state that­ (a) the occupier was told (i) of the purpose of the ently ; and (ii) that the occupier is not required to consent; and (b) the occupier gives a conse1vation officer consent to enter the place and exercise powers under this Act; and (c) the time and date the consent was given. (5) If the occupier signs an acknowledgment of consent, the officer must immediately give a copy to the occupier. ( 6) Subsection (7) applies to a cowt if ( a) a question arises, in a proceeding in the comt, whether the occupier of a place consented to a conservation officer ente1ing the place under this Act; and (b) an acknowledgment under this section is not produced 111 evidence for the ently; and ( c) it is not proved that the occupier consented to the entry. (7) The cowt may presume that the occupier did not consent. 56 Routine inspection of business premises (1 ) To find out whether this Act is being complied with, a conservation officer may enter business premises of a fish dealer or the holder of a commercial fishing licence at any time the premises are being used. R17 23/10/18 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 29 Part 7 Division 7.1 Section 57 Conservation officer's powers Powers for places (2) In this section: business pre11iises includes residential premises used for business purposes. 57 Warrants to enter ( 1) A conservation officer may apply to a magistrate for a wan ant to enter a place. (2) The application must be sworn and state the grounds on which the wanant is sought. (3) The magistrate may refuse to consider the application until the officer gives the magistrnte all the information the magistrate requires about the application in the way the magistrate requires. (4) The magistrate may issue a wa1rnnt only if satisfied there are reasonable grounds for suspecting ( a) there is a paiticular thing or activity (the evidence) that may provide evidence of an offence against this Act; and (b) the evidence is, or may be within the next 14 days, at the place. (5) The wanant must state page 30 (a) that a conservation officer may, with necessaiy help and force, enter the place and exercise the officer' s powers under this Act; and (b) the offence for which the warrant is sought; and ( c) the evidence that may be seized under the wanant; and ( d) the hours when the place may be entered; and ( e) the date, within 14 days after the wairnnt' s issue, the warrant ends. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Conservation officer's powers Powers for places Part 7 Division 7.1 Section 58 58 Warrants-application made other than in person (1) A conservation officer may apply for a warrant by phone, fax, radio or other form of communication if the officer considers it necessary because of (a) urgent circumstances; or (b) other special circumstances. (2) Before applying for the wanant, the officer must prepare an application stating the grounds on which the wanant is sought. (3) The officer may apply for the wanant before the application is sworn. (4) After issuing the warrnnt, the magistrate must immediately provide a written copy to the officer if it is reasonably practicable to do so. (5) If it is not reasonably practicable to provide a written copy to the officer (a) the magistrate must (i) tell the officer what the terms of the wanant are; and (ii) tell the officer the date and time the wanant was issued; and (b) the officer must complete a fo1m ofwanant (warrant form) and write on it (i) the magistrate's name; and (ii) the date and time the magistrate issued the warrant; and (iii) the wanant's terms. ( 6) The written copy of the wanant, or the warrnnt fonn properly completed by the officer, has the sarne effect as a wanant issued under section 57. R17 23/10/1 8 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 31 Part 7 Division 7.1 Section 59 Conservation officer's powers Powers for places (7) The officer must, at the first reasonable opportunity, send the magistrate ( a) the sworn application; and (b) if the officer completed a warrant fonn- the completed wairnnt form. (8) On receiving the documents, the magistrate must attach them to the wairnnt. (9) Subsection (10) applies to a comt if ( a) a question arises, in a proceeding in or before the court, whether a power exercised by a conservation officer was not authorised by a warrant issued under this section; and (b) the wairnnt is not produced in evidence. (10) The comt must presmne that the exercise of a power was not authorised by a wanant issued under this section, unless the contrary is proved. 59 Powers on entry with consent A conservation officer who enters a place with the occupier' s consent may inspect, measure, photograph or film the place or anything in it. 60 Powers on entry for routine inspection of business premises page 32 A conservation officer who enters a place under section 56 (Routine inspection of business premises) may ( a) inspect, measure, photograph or film the place or anything in it; or (b) test or take samples of anything in the place; or (c) take the people, equipment and materials the officer reasonably needs for exercising a power under this Act into the place. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Conservation officer's powers Powers for places Part 7 Division 7.1 Section 61 61 Powers on entry under a warrant (1) A conservation officer who enters a place under section 57 (Wanants to enter) or section 58 (Wanants- application made other than in person) may ( a) search any part of the place; or (b) inspect, measure, photograph or film the place or anything in it; or ( c) test or take samples of anything in the place; or ( d) copy a document in the place; or (e) take the people, equipment and materials the officer reasonably needs for exercising a power under this Act into the place; or (f) require a person in the place to give the officer reasonable help to exercise the powers mentioned in paragraphs (a) to (e). (2) A person must take all reasonable steps to comply with a requirement made of the person under subsection (1) (f). Maximum penalty: 50 penalty units. Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege. 62 Identity cards must be produced R17 23/10/1 8 A conservation officer who enters a place under section 55 (Consent to entiy), section 56 (Routine inspection of business premises) or section 57 (Warrants to enter) is not authorised to remain in the place if, when asked by the occupier, the officer does not produce his or her identity card. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 33 Part 7 Division 7.2 Conservation officer's powers Other powers Section 63 63 Entry into waters, and along banks etc A conservation officer may for this Act, at any time, pass along (with a boat or othe1wise) any public waters or the banks or borders of any public waters or on land beside any public waters within a reasonable distance of the waters. Division 7 .2 Other powers 64 Power to require name and address (1 ) A conservation officer may require a person to state the person's name and home or business address if the conservation officer believes, on reasonable grounds, that the person is committing or has just committed an offence against this Act. Note A reference to an Act includes a reference to the statuto1y instruments made or in force under the Act, including any regulation (see Legislation Act , s 104). (2) The conse1vation officer must tell the person the reason for the requirement and, as soon as practicable, record the reason. (3) The person may ask the conse1vation officer to produce his or her identity card for inspection by the person. (4) A person must comply with a requirement made of the person under subsection (1) if the conservation officer ( a) tells the person the reason for the requirement; and (b) complies with any request made by the person under subsection (3). Maximum penalty: 10 penalty units. (5) An offence against this section is a strict liability offence. page 34 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Conservation officer's powers Other powers Part 7 Division 7.2 Section 65 65 Power to require gear to be removed from water (1) A conservation officer may require a person to remove any fishing gear being used by the person from waters if the officer believes on reasonable grounds that the gear is being used in contravention of this Act. (2) A person must comply with a requirement made of the person by a conservation officer under subsection (1) if the conservation officer complies with any request made by the person under subsection (4). Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. ( 4) If a conse1vation officer who requires a person to remove fishing gear from water under subsection (1) is asked by the person to produce his or her identity card, the conservation officer must do so. 66 Seizure of fish etc In addition to the other powers given to a conse1vation officer by this part or a wanant, a conse1vation officer may seize anything if the officer believes on reasonable grounds ( a) the thing is evidence of the commission of an offence against this Act; and (b) the seizure is necessary to prevent ( i) the concealment, loss, death or destrnction of the thing; or (ii) the use of the thing in c01mnitting, continuing or repeating the offence. 67 Seizure and destruction of noxious fish R17 23/10/1 8 A conservation officer may seize and destroy any noxious fish in a person's possession. Fisheries Act 2000 Effective: 23/ 10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 35 Part 7 Division 7.3 Section 68 Conservation officer's powers Other enforcement matters Division 7 .3 Other enforcement matters 68 Procedure after thing seized (1) As soon as practicable after a thing is seized by a conservation officer under this pmt, the officer must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the conservation officer must ( a) leave the receipt at the place where the thing was seized; and (b) ensure the receipt is left (i) in a reasonably secure way; and (ii) in a conspicuous position. (3) The conservation officer must allow a person who would be entitled to the seized thing if it were not in the officer's possession (a) to inspect it; and (b) if it is a document- to take extracts from it or make copies of it. (4) The conservation officer must return the seized thing to the person at the end of (a) 6 months; or (b) if a prosecution for an offence involving it is staited within 6 months- the prosecution for the offence and any appeal from the prosecution. (5) Despite subsection ( 4), the conservation officer must return the seized thing to the person immediately the officer stops being satisfied its retention as evidence is necessaiy. ( 6) However, the conservation officer may retain the seized thing if the officer believes, on reasonable grounds, that its continued retention is necessaiy to prevent its use in committing an offence against this Act. page 36 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Conservation officer's powers Other enforcement matters Part 7 Division 7.3 Section 69 (7) This section does not apply to noxious fish seized under section 67 (Seizure and destruction of noxious fish). 69 Compensation (1 ) A person may claim reasonable compensation from the Territ01y if the person incurs loss or expense because of the exercise or purp01ted exercise of a power under this pait by a conservation officer or a person assisting a conse1vation officer. (2) Compensation may be claimed and ordered in a proceeding for ( a) compensation brought in a comt of competent jmisdiction; or (b) an offence against this Act brought against the person making the claim for compensation. (3) A comt may order the payment of reasonable compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the paiticular case. (4) The regulations may prescribe matters that may, must or must not be taken into account by the comt in considering whether it is just to make the order. (5) This section does not apply to noxious fish seized under section 67 (Seizure and destruction of noxious fish). R17 23/10/18 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 37 Part 8 Division 8.1 Section 74 Offences Unauthorised activities Part 8 Division 8.1 Offences Unauthorised activities 74 Taking fish for sale without licence etc (1 ) A person who does not hold a commercial fishing licence commits an offence if the person takes fish from public waters with the intention of (a) selling the fish; or (b) processing the fish for sale. Maximum penalty: 50 penalty units, implisonment for 6 months or both. (2) The holder of a cormnercial fishing licence commits an offence if­ ( a) the holder takes fish for processing or sale; and (b) taking the fish is not permitted by the licence. Maximum penalty: 50 penalty units. (3) Subsection (2) does not apply if (a) the licence holder unintentionally takes the fish; and (b) except for taking the fish, the licence holder's conduct does not contravene this Act; and ( c) the licence holder immediately returns the fish to the waters from which it was taken with the least possible injmy. ( 4) An offence against subsection (2) is a strict liability offence. page 38 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 75 (1) (2) (3) 76 (1) R17 23/10/1 8 Offences Unauthorised activities Part 8 Division 8.1 Section 75 Taking fish contrary to scientific licence The holder of a scientific licence commits an offence if (a) the holder takes fish for the scientific or other purposes stated in the licence; and (b) taking the fish is not autho1ised by the licence. Maximum penalty: 10 penalty units. Subsection (1) does not apply if (a) the licence holder unintentionally takes the fish; and (b) except for taking the fish, the licence holder's conduct does not contravene this Act; and (c) the licence holder immediately returns the fish to the waters from which it was taken with the least possible injmy. An offence against this section is a strict liability offence. Importing or exporting live fish without authority A person commits an offence if (a) the person imports a live fish into, or exp01ts a live fish from, the ACT; and (b) the person does not (i) hold an imp01t and exp01t licence authorising the imp01t or export ; or (ii) have the conservator' s written approval for the impo1t or export. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. Fisheries Act 2000 Effective: 23/ 10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 39 Part 8 Division 8.1 Section 76A Offences Unauthorised activities (2) A person commits an offence if ( a) the person is the holder of an imp01t and exp01t licence; and (b) the person imports a live fish into, or exports a live fish from, the ACT; and ( c) the import or export is not authorised by the licence. Maximum penalty: 100 penalty units. (3) This section does not apply to fish bought from a registered fish dealer for human consumption. ( 4) An offence against subsection (2) is a strict liability offence. 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: page 40 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 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 ( c) receive fish; and ( d) process fish. Offences Unauthorised activities Part 8 Division 8.1 Section 768 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, imprisom11ent 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 conunercial 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, imprisomnent for 5 years or both. (2) This section does not apply if the person possesses the fish for personal or domestic consumption. R17 23/10/1 8 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 41 Part 8 Division 8.1 Section 77 Offences Unauthorised activities 77 Possessing fish obtained illegally A person commits an offence if ( a) the person possesses a fish; and (b) the fish was ( i) imported into the ACT in contravention of section 76; or (ii) taken in contravention of a law of the Commonwealth, a State or another Tenit01y. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 78 Noxious fish A person commits an offence if ( a) the person possesses a noxious fish; and (b) the person does not have the conse1vator's written approval to possess the fish. Maximum penalty: 50 penalty units, imp1isonment for 6 months or both. 79 Release of fish (1) A person commits an offence if ( a) the person releases a live fish into public waters; and (b) the person does not have the conse1vator's written approval to release the fish. Maximum penalty: 10 penalty units. (2) This section does not apply to the release if the fish was taken from the pait of the public waters into which it is released. (3) An offence against this section is a strict liability offence. page 42 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Offences General offences Part 8 Division 8.2 Section 80 Division 8.2 General offences 80 Fishing closure offences (1) A person commits an offence if the person takes fish in contravention of a fishing closure. Maximum penalty: 50 penalty units. (2) Subsection (1) does not apply if (a) the person unintentionally takes the fish; and (b) except for taking the fish, the person's conduct does not contravene this Act; and ( c) the person immediately returns the fish to the waters from which it was taken with the least possible injury. (3) A person commits an offence if­ (a) the person possesses fish; and (b) the fish was taken in conh·avention of a fishing closure. Maximum penalty: 50 penalty units. ( 4) An offence against this section is a strict liability offence. 81 Prohibited size and weight offences (1 ) A person commits an offence if R17 23/10/1 8 ( a) the person takes a fish from public waters; and (b) the fish is of size or weight that is prohibited under a declaration under section 15 (Declaration of fish of prohibited size and weight). Maximum penalty: 50 penalty units, imp1i sonment for 6 months or both. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 43 Part 8 Division 8.2 Section 82 Offences General offences (2) Subsection (1) does not apply if (a) except for taking the fish, the person's conduct does not contravene this Act; and (b) the person immediately returns the fish to the waters from which it was taken with the least possible injmy. (3) A person commits an offence if the person possesses a fish that­ (a) was taken from public waters; and (b) is of size or weight that is prohibited under a declaration under section 15. Maximmn penalty: 30 penalty units. ( 4) An offence against subsection (3) is a strict liability offence. 82 Quantity of fish offences (1) This section applies to a species of fish if a declaration under section 16 (Declaration of fish quantity) is in force in relation to the species. (2) A person co1ru11its an offence if the person takes, in a day, more fish of the species than the quantity allowed under the declaration. Maximmn penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. 83 Beheading or filleting fish (1) A person must not behead or fillet a fish in or beside public waters. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. (3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant beheaded or filleted the fish for i1mnediate consumption. page 44 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/10/18 Offences Part 8 Offences in relation to fishing gear Division 8.3 Section 84 84 Use of live fin fish as bait etc (1) A person must not (a) use live fin fish as bait; or (b) be in or beside public waters in possession of live fin fish for use as bait. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. Division 8.3 Offences in relation to fishing gear 85 Use of fishing gear generally (1) A person commits an offence if (a) the person uses fishing gear to take fish from public waters; and (b) any of the following applies: (i) the person is not within 10m of the gear; (ii) the person cannot see the gear at all times; (iii) the person is not permitted to take fish under this Act from waters using the fishing gear. Maximum penalty: 10 penalty units. (2) An offence against this section is a strict liability offence. 86 Non-permitted fishing gear (1) A person commits an offence if R17 23/10/18 ( a) the person uses fishing gear in or beside public waters; and (b) the use of the fishing gear is not pennitted by a declaration under section 17 (Declaration of fishing gear). Maximum penalty: 50 penalty units. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 45 Part 8 Division 8.3 Offences Offences in relation to fishing gear Section 87 (2) A person commits an offence if ( a) the person is in or beside any public waters in possession of fishing gear; and (b) the use of the fishing gear is not pennitted by a declaration under section 17. Maximum penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. 87 Use and possession of commercial fishing gear (1) A person commits an offence if (a) the person is not the holder of a commercial fishing licence; and (b) the person uses commercial fishing gear in or beside public waters. Maximum penalty: 50 penalty units. (2) A person commits an offence if ( a) the person is not the holder of a commercial fishing licence; and (b) the person is in possession of commercial fishing gear in or beside public waters. Maximum penalty: 30 penalty units. (3) An offence against this section is a strict liability offence. (4) For this section, a person is taken to use or be in possession of commercial fishing gear if, but only if, the person uses or is in possession of page 46 ( a) a number of lines more than the number dete1111ined by the Minister in writing; or (b) a number of nets more than the number dete1111ined by the Minister in writing; or Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Offences Protection of aquatic habitats Part 8 Division 8.4 Section 88 ( c) a net larger than the size determined by the Minister in writing; or ( d) other equipment determined by the Minister in writing. (5) A detennination under subsection (4) is a disallowable instrument. Note A disallowable instrnment must be notified, and presented to the Legislative Assembly, under the Legislation Act. Division 8.4 Protection of aquatic habitats 88 Spawning areas R17 23/10/18 A person commits an offence if ( a) the person does something that disturbs or damages spawn or spawning fish in public waters; and (b) the person is not authorised by a scientific licence to do the thing; and ( c) the person does not have the conservator's written approval to do the thing. Maximum penalty: 30 penalty units. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 47 Part 10 Section 107 Part 10 Notification and review of decisions Notification and review of decisions 107 Meaning of reviewable decision-pt 10 In this pa1t: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 108 Reviewable decision notices 108A page 48 If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are presc1ibed under the ACT Civil and Ad111inistratire Tribunal Act 2008. Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a fo1111 is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the fo1111 must be used. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act.gov.au R17 23/1 0/18 Miscellaneous Part 11 Section 109 Part 11 Miscellaneous 109 Delegation The conservator may delegate the conse1vator's functions under this Act to a conservation officer. Note For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19 .4. 11 o Acts and omissions of representatives (1) In this section: person means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. representative, of a person, means an employee or agent of the person. state of mind, of a person, includes (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show R17 23/10/1 8 ( a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent auth01ity; and (b) the representative had the state of mind. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 49 Part 11 Miscellaneous Section 111 (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative's actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. ( 6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). 111 Criminal liability of executive officers (1) An executive officer of a corporation conunits an offence if­ (a) the corporation commits a relevant offence; and page 50 (b) the officer was reckless about whether the relevant offence would be conunitted; and ( c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and ( d) the officer failed to take reasonable steps to prevent the c01m11ission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au R17 23/10/18 Miscellaneous Part 11 Section 111 (2) In deciding whether the executive officer took ( or failed to take) all reasonable steps to prevent the commission of the offence, a court must consider any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (a) that the corporation arranges regular professional assessments of the corporation's compliance with the provision to which the relevant offence relates; (b) that the corporation implements any approp1iate recommendation arising from such an assessment; (c) that the corporation's employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; ( d) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed. (3) Subsection (2) does not limit the matters the comt may consider. ( 4) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned ins (4) (see Criminal Code, s 58). (5) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. ( 6) In this section: R17 23/10/18 executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes pait in, the corporation's management. Fisheries Act 2000 Effective: 23/ 10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.act gov.au page 51 Part 11 Section 112 Miscellaneous relevant offence means an offence against any of the following: (a) section 45 (Sale of fish by c01m11ercial fishers); (b) section 49 (Cmmnercial fishers, priority species licence holders and fish dealers to supply information); (c) section 76 (2) (Importing or exporting live fish without authority); (d) section 76A (Trafficking in commercial quantity of fish of priority species); (e) section 76B (Taking commercial quantity of fish of priority species); (f) section 76C (Possessing commercial quantity of fish of a priority species); (g) section 77 (Possessing fish obtained illegally); (h) section 78 (Noxious fish); (i) section 80 (1) (Fishing closure offences); (j) section 81 (1) (Prohibited size and weight offences); (k) section 86 (1) (Non-permitted fishing gear); (1) section 87 (1) (Use and possession of commercial gear). 112 Production of licences (1) If a conservation officer asks a licensee to produce his or her licence for inspection at the conservator's office, the licensee must comply with the request within 2 working days after the day the licensee is asked. Maximum penalty: 5 penalty units. (2) An offence against this section is a strict liability offence. page 52 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/1 0/18 Miscellaneous Part 11 Section 11 3 113 Guidelines (1) The Minister may, in writing, issue guidelines about the exercise of the conservator's functions under the following sections: (a) section 26 (Issue of c01mnercial fishing licences- relevant considerations); (b) section 27 (Issue of scientific licences- relevant considerations); ( c) section 28 (Imp01t and exp01t licences- relevant considerations); ( d) section 28A (Issue of priority species licences- relevant considerations); (e) section 30 (Licence conditions and exemptions); (f) section 31 (Licence changes); (g) section 39 (Decision on application). (2) The conservator must comply with guidelines issued under this section. (3) A guideline under this section is a disallowable instrnment. Note A disallowable instmment must be notified, and presented to the Legislative Assembly, under the Legislation Act. 114 Determination of fees (1 ) The Minister may, in writing, determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A detennination is a disallowable instrnment. R17 23/10/1 8 Note A disallowable instnunent must be notified, and presented to the Legislative Assembly, under the Legislation Act. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 53 Part 11 Miscellaneous Section 115 115 Approved forms (1) The conservator may, in writing, approve forms for this Act. Note For other provisions about fonns, see Legislation Act, s 255. (2) If the conservator approves a fo1m for a particular purpose, the approved fo1m must be used for that purpose. (3) An approved fo1111 is a notifiable instrument. Note A notifiable instmment must be notified under the Legislation Act. 116 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) The regulations may make provision in relation to ( a) the sale, transport, storage, processing and handling of fish; and (b) the keeping ofrecords for activities mentioned in paragraph (a); and ( c) the prevention of damage to a place where fish spawn or are likely to spawn. (3) The regulations may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 10 penalty units for offences against the regulations. page 54 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/1 0/18 Schedule 1 (see pt 10) column 1 item 1 2 , ., 4 5 6 7 8 R17 23/10/1 8 column 2 section 25 30 31 34 39 41 42 68 (6) Reviewable decisions Schedule 1 Reviewable decisions column 3 decision refuse to issue licence issue licence with conditions change licence cancel licence refuse to register fish dealer suspend fish dealer' s registration cancel fish dealer' s registration retain seized thing Fisheries Act 2000 Effective: 23/10/1 8 column 4 entity applicant for licence applicant for licence licensee entity that has licence cancelled applicant for registration entity that has registration suspended entity that has registration cancelled entity from whom thing seized page 55 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Dictionary Dictionary (see s 4) page 56 Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, diet, pt 1, defines the following tenns: • ACAT • conservator of flora and fauna • contravene • disallowable instrnment • document • function • home address • magistrate • Magistrates Comi • penalty unit (see s 133) • power • reviewable decision notice . abalone means blacklip and greenlip abalone and includes all other species of abalone. aquaculture means (a) cultivating fish or marine vegetation for haivesting the fish or vegetation or their progeny for sale; or (b) keeping fish or marine vegetation in a confined area for a commercial purpose; but does not include ( c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially); or ( d) anything done in maintaining a collection of fish or marine vegetation that is not used for a commercial purpose; or ( e) an activity prescribed by the regulations. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 R17 23/10/18 Dictionary boat means any kind of vessel, however navigated. commercial fishing licence means a licence mentioned in section 20. commercial quantity of fish of a priority species means the quantity prescribed by regulation as a cormnercial quantity of the fish. conservation officer- see the Nature Conservation Act 2014, dictionaiy. conservator means the conservator of flora and fauna. corresponding law means a law of a State that regulates fisheries. environment- see the Environment Protection Act 1997, dictionaiy. fin fish means a marine, estuarine or freshwater fish of the class p1sces. fish means marine, estuarine or freshwater fish or other aquatic animal life, or any of their parts, at any stage of their hist01y (whether alive or dead), and includes (a) abalone, oysters and other aquatic molluscs; and (b) crustaceans; and (c) echinoderms; and ( d) beachwonns ai1d other aquatic polychaetes; but does not include (e) reptiles; and (f) birds; and (g) amphibians. fish dealer means a person who receives fish, for resale or other cormnercial use, from a person whom he or she knows or suspects or ought to know or suspect to be a commercial fisher, but does not include a person who receives fish only for the purpose of transpo1ting them on behalf of the owner of the fish. Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 57 Dictionary page 58 fishing closure- see section 13. fishing gear means equipment, other than a vehicle or boat, used for taking 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. import and export licence means a licence mentioned in section 22. licence means any of the following licences issued under section 25: (a) a conm1ercial fishing licence; (b) a scientific licence; ( c) an imp01t and export licence; ( d) a priority species licence. licensee means the holder of a licence. net includes anything attached to a net. noxious fish means a species of fish declared to be noxious under section 14. occupier, of a place, for division 7 .1 (Powers for places )- see section 53. possession includes having a thing in the custody of someone else. priority species licence means a licence mentioned in section 22A. private waters means ( a) waters of a dam, water storage or other water control structure that is not situated on a wate1way; and (b) waters used for aquaculture. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 R17 23/10/18 Dictionary processing means break up, can, chill, cook, cut up, freeze, pack, preserve, purge, shell, shuck, skin or otherwise treat or process fish. public waters means all waters other than private waters. receive fish, means receive fish from someone else, whether by purchase or otherwise, for any purpose other than ( a) personal or domestic consumption; or (b) transportation. register means the register kept under section 35. registered means registered under this Act. reviewable decision, for part 10 (Notification and review of decisions )- see section 107. rock lobster means an animal of the genus Jasus. scientific licence means a licence mentioned in section 21. sell includes ( a) sell by wholesale, retail, auction or tender; and (b) barter or exchange; and ( c) supply for profit; and ( d) offer for sale, receive for sale or expose for sale; and ( e) consign or deliver for sale; and (f) have in possession for sale; and (g) cause or allow anything mentioned in paragraphs (a) to (f) to be done. species, of fish, includes a subspecies, domesticated forms or hybrids of a species. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 59 Dictionary page 60 take means to gather, catch, kill or remove fish from an aquatic habitat. vehicle- see the Road Transport (General) Act 1999, dictionaiy. waters means public waters and private waters. Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 Endnotes About the endnotes Endnotes 1 2 R17 23/1 0/1 8 About the endnotes Amending and modifying laws are annotated in the legislation histo1y and the amendment histo1y. CuITent modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, pati 11 .3 are annotated in the amendment histo1y. Full details of any amendments can be obtained from tl1e Parliamenta1y Counsel's Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation histo1y. Uncommenced expiries ai·e m1derlined in the legislation histo,y and amendment histo1y. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and cmTent numbering. The endnotes also include a table of earlier republications. Abbreviation key A = Act AF = Approved form am = amended amdt = amendment AR = Assembly resolution eh = chapter CN = Commencement notice def = definition DI = Disallowable instrument diet = dictionary disallowed = disallowed by the Legislative Assembly div = division exp = expires/expired Gaz = gazette hdg = heading IA = Interpretation Act 1967 ins = inserted/added LA = Legislation Act 2001 LR = legislation register LRA = Legislation (Republication) Act 1996 mod = modified/modification Fisheries Act 2000 Effective: 23/10/1 8 NI = Notifiable instrument o = order om = omitted/repealed ord = ordinance orig = original par = paragraph/subparagraph pres = present prev = previous (prev. ) = previously pt = part r = rule/subrule reloc = relocated renum = renumbered R[X] = Republication No RI = reissue s = section/subsection sch = schedule sdiv = subdivision SL = Subordinate law sub = substituted underlining = whole or part not commenced or to be expired page 61 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Endnotes 3 Legislation history 3 page 62 Legislation history Fisheries Act 2000 A2000-38 notified 20 July 2000 (Gaz 2000 No 29) s 1, s 2 commenced 20 July 2000 (IA s 10B) remainder commenced 13 September 2000 (Gaz 2000 No 35) as amended by Legislation (Consequential Amendments) Act 2001 A2001-44 pt 155 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 155 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 A2002-11 pt 2.22 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.22 commenced 28 May 2002 (s 2 (1 )) Statute Law Amendment Act 2002 A2002-30 pt 3.29 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.29 commenced 17 September 2002 (s 2 (1 )) Statute Law Amendment Act 2003 A2003-41 sch 3 pt 3.12 notified LR 11 September 2003 s 1, s 2 commenced 11 September 2003 (LA s 75 (1 )) amdt 3.266, amdt 3.269 commenced 10 December 2003 (s 2 (3)) sch 3 pt 3.12 remainder commenced 9 October 2003 (s 2 (1)) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.16, sch 2 pt 2.37 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1 )) sch 1 pt 1.16, sch 2 pt 2.37 commenced 9 April 2004 (s 2 (1 )) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.21 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1 )) sch 1 pt 1.21 commenced 24 November 2005 (s 2) Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 R17 23/10/18 Endnotes Legislation history 3 Fisheries Amendment Act 2006 A2006-48 notified LR 28 November 2006 s 1, s 2 commenced 28 November 2006 (LA s 75 (1 )) remainder commenced 29 November 2006 (s 2) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.46 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.46 commenced 12 Apri l 2007 (s 2 (1)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.43 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1 )) sch 1 pt 1.43 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.32 notified LR 26 November 2009 s 1, s 2 commenced 26 November 2009 (LA s 75 (1 )) sch 3 pt 3.32 commenced 17 December 2009 (s 2) Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.3 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1 )) pt 1.3 commenced 22 February 2013 (s 2) Nature Conservation Act 2014 A2014-59 sch 2 pt 2.7 notified LR 11 December 2014 s 1, s 2 commenced 11 December 2014 (LA s 75 (1 )) sch 2 pt 2.7 commenced 11 June 2015 (s 2 (1) and LA s 79) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.28 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1 )) sch 1 pt 1.28 commenced 14 October 2015 (s 2) Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 63 Endnotes 3 Legislation history page 64 Red Tape Reduction Legislation Amendment Act 2018 A2018-33 sch 1 pt 1.15 notified LR 25 September 2018 s 1, s 2 commenced 25 September 2018 (LA s 75 (1 )) sch 1 pt 1.15 commenced 23 October 2018 (s 2 (4)) Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 4 R17 23/10/18 Endnotes Amendment history 4 Amendment history Commencement s 2 om R1 LRA Objects s 3 am A2007-3 amdt 3.244 Notes s 4A ins A2005-54 amdt 1.143 Offences against Act-application of Criminal Code etc s 4B ins A2005-54 amdt 1 .143 Preparation of fisheries management plan s 6 sub A2001-44 amdt 1.1746 Consultation on draft plan s 7 sub A2001-44 amdt 1.17 46 am A2003-41 amdt 3.260; A2015-33 amdt 1.87 Consideration of suggestions etc and revision of draft plan s 8 sub A2001-44 amdt 1.1746 Formal changes to draft plan s 8A ins A2001-44 amdt 1.17 46 am A2015-33 amdt 1.88 Submission of draft plan to Minister s 9 am A2001-44 amdt 1.1747 Fisheries management plan disallowable instrument etc s 12 am A2001-44 amdt 1.1748, amdt 1.1749 Fishing closures and declarations pt 3 hdg sub A2001-44 amdt 1.1750 Fishing closures s 13 am A2001-44 amdt 1.1751 , amdt 1.1 752 Declaration of noxious fish s 14 am A2001-44 amdt 1.1753, amdt 1.1 754 Declaration of fish of a prohibited size or weight s 15 am A2001-44 amdt 1.1755, amdt 1.1 756 Declaration of fish quantity s 16 am A2001-44 amdt 1.1757, amdt 1.1 758 Declaration of fishing gear s 17 am A2001-44 amdt 1.1759, amdt 1.1 760 Disallowable instruments s 18 om A2001-44 amdt 1.1761 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 65 Endnotes 4 Amendment history page 66 Kinds of licences s 19 am A2006-48 s 4 Priority species licences s 22A ins A2006-48 s 5 Applications for licences s 23 sub A2001-44 amdt 1.1 762 am A2003-41 amdt 3.261 Additional information may be required s 24 am A2003-41 amdt 3.262 Issue of commercial fishing licences-relevant considerations s 26 am A2002-30 amdt 3.373; A2014-59 amdt 2.22 Import and export licences-relevant considerations s 28 am A2002-30 amdt 3.373; A2006-48 s 6; A2014-59 amdts 2.23-2.25 Issue of priority species licences-relevant considerations s 28A ins A2006-48 s 7 am A2014-59 amdt 2.26 Terms of licences s 29 am A2006-48 s 8 Licence changes s 31 am A2003-41 amdt 3.262 Surrender of licences s 33 am A2003-41 amdt 3.262 Cancellation of licences s 34 am A2002-30 amdt 3.373; A2003-41 amdt 3.262; A2014-59 amdt 2.27 Fish dealers to be registered s 37 sub A2005-54 amdt 1.144 Applications for registration s 38 sub A2001-44 amdt 1.1 763 am A2003-41 amdt 3.263 Suspension of registration s 41 am A2003-41 amdt 3.264 Sale of fish by commercial fishers s 45 sub A2005-54 amdt 1.1 45 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 R17 23/10/18 Endnotes Amendment history 4 Commercial fishers, priority species licence holders and fish dealers to make records s 46 hdg s 46 sub A2006-48 s 9 am A2001-44 amdt 1.1764, amdt 1.1 765 sub A2005-54 amdt 1.1 46 am A2006-48 ss 10-12; ss renum R10 LA Keeping of records by commercial fishers, priority species licence holders and fish dealers s 4 7 hdg sub A2006-48 s 13 s 4 7 sub A2005-54 amdt 1.146 am A2006-48 s 14; ss renum R10 LA Production of records to conservation officers s 48 sub A2005-54 amdt 1.146 Commercial fishers, priority species licence holders and fish dealers to supply information s 49 hdg sub A2006-48 s 15 s 49 am A2003-41 amdt 3.264; A2005-54 amdt 1.14 7; A2006-48 ss 16-18; ss renum R10 LA False records etc s 50 om A2004-15 amdt 2.85 Copying and keeping records etc s 52 am A2001-44 amdt 1.1766, amdt 1.1 767 Conservation officer's powers pt 7 note ins A2002-11 amdt 2.44 Warrants-application made other than in person s 58 am A2018-33 amdt 1.27, amdt, 1.28 Powers on entry for routine inspection of business premises s 60 am A2003-41 amdt 3.265 Powers on entry under a warrant s 61 am A2003-41 amdt 3.265; A2005-54 amdt 1.1 48 Power to require name and address s 64 sub A2005-54 amdt 1.149 am A2009-49 amdt 3. 73 Power to require gear to be removed from water s 65 am A2005-54 amdt 1.150; ss renum A2005-54 amdt 1.151 Obstruction of investigation s 70 om A2004-15 amdt 2.85 False or misleading information s 71 om A2004-15 amdt 2.85 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 67 Endnotes 4 Amendment history page 68 False or misleading or incomplete documents s 72 om A2004-15 amdt 2.85 Legal professional privilege s 73 om A2002-11 amdt 2.45 Offences pt 8 hdg sub A2005-54 amdt 1.1 52 Unauthorised activities div 8.1 hdg sub A2005-54 amdt 1.1 52 Taking fish for sale without licence etc s 7 4 sub A2005-54 amdt 1.1 52 Taking fish contrary to scientific licence s 75 sub A2005-54 amdt 1.1 52 Importing or exporting live fish without authority s 76 sub A2005-54 amdt 1.1 52 Trafficking in commercial quantity of fish of priority species s 76A ins A2006-48 s 19 Taking commercial quantity of fish of priority species s 768 ins A2006-48 s 19 Possessing commercial quantity of fish of a priority species s 76C ins A2006-48 s 19 Possessing fish obtained illegally s 77 sub A2005-54 amdt 1.152 Noxious fish s 78 sub A2005-54 amdt 1.152 Release of fish s 79 sub A2005-54 amdt 1.152 General offences div 8.2 hdg sub A2005-54 amdt 1.152 Fishing closure offences s 80 sub A2005-54 amdt 1.152 Prohibited size and weight offences s 81 sub A2005-54 amdt 1.152 Quantity of fish offences s 82 sub A2005-54 amdt 1.152 Beheading or filleting fish s 83 sub A2005-54 amdt 1.152 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 R17 23/1 0/1 8 Endnotes Amendment history 4 Use of live fin fish as bait etc s 84 sub A2005-54 amdt 1.152 Offences in relation to fishing gear div 8.3 hdg sub A2005-54 amdt 1.152 Use of fishing gear generally s 85 sub A2005-54 amdt 1.152 Non-permitted fishing gear s 86 sub A2005-54 amdt 1.152 Use and possession of commercial fishing gear s 87 sub A2005-54 amdt 1.152 Protection of aquatic habitats div 8.4 hdg sub A2005-54 amdt 1.152 Spawning areas s 88 am A2001 -44 amdt 1.1768, amdt 1.1 769 sub A2005-54 amdt 1.152 Spawning areas s 89 am A2001 -44 amdt 1.1768, amdt 1.1 769 om A2005-54 amdt 1.152 Infringement notices for certain offences pt 9 hdg om A2003-41 amdt 3.266 Interpretation div 9.1 hdg Definitions for pt 9 om A2003-41 amdt 3.266 s 90 om A2003-41 amdt 3.266 Infringement and reminder notices div 9.2 hdg om A2003-41 amdt 3.266 Purpose and effect of div 9.2 s 91 om A2003-41 amdt 3.266 Service of infringement notices s 92 om A2003-41 amdt 3.266 Contents of infringement notices s 93 om A2003-41 amdt 3.266 Additional information in infringement notices s 94 om A2003-41 amdt 3.266 Time for payment of infringement notice penalty s 95 om A2003-41 amdt 3.266 Extension of time to pay penalty s 96 om A2003-41 amdt 3.266 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 69 Endnotes 4 Amendment history page 70 Effect of payment of infringement notice penalty s 97 om A2003-41 amdt 3.266 Application for withdrawal of infringement notice s 98 om A2003-41 amdt 3.266 Withdrawal of infringement notice s 99 om A2003-41 amdt 3.266 Reminder notices s 100 om A2003-41 amdt 3.266 Contents of reminder notices s 101 om A2003-41 amdt 3.266 Additional information in reminder notices s 102 om A2003-41 amdt 3.266 Disputing liability div 9.3 hdg om A2003-41 amdt 3.266 Disputing liability for an infringement notice offence s 103 om A2003-41 amdt 3.266 Extension of time to dispute liability s 104 om A2003-41 amdt 3.266 Procedure if liability disputed s 105 om A2003-41 amdt 3.266 Miscellaneous div 9.4 hdg om A2003-41 amdt 3.266 Evidentiary certificates s 106 om A2003-41 amdt 3.266 Notification and review of decisions pt 10 hdg sub A2008-37 amdt 1.1 80 Meaning of reviewable decision-pt 10 s 107 sub A2008-37 amdt 1.1 80 Reviewable decision notices s 108 sub A2008-37 amdt 1.1 80 Applications for review s 108A ins A2008-37 amdt 1.180 Delegation s 109 sub A2003-41 amdt 3.267 Acts and omissions of representatives s 110 sub A2004-15 amdt1 .1 8 Fisheries Act 2000 Effective: 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au R17 23/10/18 R17 23/1 0/1 8 Endnotes Amendment history 4 Criminal liability of executive officers s 111 sub A2013-4 amdt1.3 Production of licences s 112 sub A2005-54 amdt 1. 153 Guidelines s 113 sub A2001-44 amdt 1.1770 am A2006-48 s 20; pars renum R10 LA Determination of fees s 114 sub A2001-44 amdt 1.1770 Approved forms s 115 am A2001 -44 amdt 1. 1771, amdt 1.1772; A2003-41 amdt 3.268 Regulation-making power s 116 sub A2001-44 amdt 1.1773 Regulations prescribing infringement notice penalties s 117 om A2003-41 amdt 3. 269 Repeal s 118 om R1 LRA Meaning of commencement day for pt 12 s 119 exp 31 December 2001 (s 120 (3)) Transitional provisions and consequential amendments pt 12 hdg om R3 LA Permits to take fish for scientific purposes s 120 exp 31 December 2001 (s 120 (3)) Amendments of Nature Conservation Act s 121 om R1 LRA Amendments of the Nature Conservation Act 1980 sch om R1 LRA Reviewable decisions sch 1 ins A2008-37 amdt 1.181 Fisheries Act 2000 Effective: 23/10/1 8 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au page 71 Endnotes 4 Amendment history page 72 Dictionary diet am A2003-41 amdt 3.270; A2008-37 amdt 1.182, amdt 1.183; A2009-49 amdt 3.74 def abalone ins A2006-48 s 21 def commercial fishing licence ins A2003-41 amdt 3.271 def commercial quantity ins A2006-48 s 21 def conservation officer sub A2014-59 amdt 2.28 def conservator sub A2003-41 amdt 3.272 def determined fee om A2001-44 amdt 1.177 4 def environment sub A2007-3 amdt 3.245 def executive officer om A2013-4 amdt 1.4 def fish of a priority species ins A2006-48 s 21 def import and export licence ins A2003-41 amdt 3.273 def licence sub A2003-41 amdt 3.27 4 am A2006-48 s 22 def newspaper om A2015-33 amdt 1.89 def occupier ins A2003-41 amdt 3.275 def priority species licence ins A2006-48 s 23 def re viewable decision ins A2008-3 7 amdt 1 .184 def rock lobster ins A2006-48 s 23 def scientific licence ins A2003-41 amdt 3.276 Fisheries Act 2000 Effective: 23/10/18 R17 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au 5 R17 23/10/18 Endnotes Earlier republications 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 eve1y authorised republication has been published in electronic pdf fonnat on the ACT legislation register. A selection of authorised republications have also been published in printed fonnat. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date R1 30 Sept 2000 R1 {RI) 26 May 2008 R2 30 Nov 2001 R3 10 Jan 2002 R4 30 May 2002 R5 23 Sept 2002 R6 9 Oct 2003 R7 10 Dec 2003 RB 9 Apr 2004 R9 24 Nov 2005 R10 29 Nov 2006 R11 12 Apr 2007 Effective Last amendment made by 30 Sept 2000- not amended 11 Sept 2001 30 Sept 2000- not amended 11 Sept 2001 12 Sept 2001- A2001-44 30 Dec 2001 31 Dec 2001- A2001-44 27 May 2002 28 May 2002- A2002-11 16 Sept 2002 17 Sept 2002- A2002-30 8 Oct 2003 9 Oct 2003- A2003-41 9 Dec 2003 10 Dec 2003- A2003-41 8 Apr 2004 9 Apr 2004- A2004-15 23 Nov 2005 24 Nov 2005- A2005-54 28 Nov 2006 29 Nov 2006- A2006-48 11 Apr 2007 12 Apr 2007- A2007-3 1 Feb 2009 Fisheries Act 2000 Effective: 23/10/18 Republication for new Act reissue of printed version amendments by A2001-44 commenced expiry amendments by A2002-11 amendments by A2002-30 amendments by A2003-41 amendments by A2003-41 amendments by A2004-15 amendments by A2005-54 amendments by A2006-48 amendments by A2007-3 page 73 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au Endnotes 5 Earlier republications Republication Effective No and date R12* 2 Feb 2009 2 Feb 2009 16 Dec 2009 R13 17 Dec 2009 17 Dec 2009 21 Feb 2013 R14 22 Feb 2013 22 Feb 2013 10 June 2015 R15 11 June 2015 11 June 2015 13Oct 2015 R16 14 Oct 2015 14 Oct 201 5 22 Oct 2018 © Australian Capital Tenito1y 2018 page 74 Fisheries Act 2000 Effective: 23/10/18 Last amendment made by A2008-37 A2009-49 A2013-4 A2014-59 A2015-33 Republication for amendments by A2008-37 amendments by A2009-49 amendments by A2013-4 amendments by A2014-59 amendments by A2015-33 R17 23/10/18 Authorised by the ACT Parliamentary Counsel-also accessible at www.legislation.actgov.au