Fisheries Regulation 2001

Australian Capital Territory Fisheries Regulation 2001 SL2001-29 made under the Fisheries Act 2000 Republication No 7 Effective: 11 July 2007 Republication date: 11 July 2007 Last amendment made by A2007-16 Unauthorised version prepared by ACT Parliamentary Counsel’s Office http://www.legislation.act.gov.au/a/2007-16 Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Fisheries Regulation 2001, made under the Fisheries Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 11 July 2007. It also includes any amendment, repeal or expiry affecting the republished law to 11 July 2007. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications 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 changes of a formal 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 Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95. Penalties The value of a penalty unit for an offence against this republished law at the republication date is— (a) if the person charged is an individual—$100; or (b) if the person charged is a corporation—$500. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/ http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2001-14 R7 11/07/07 Fisheries Regulation 2001 Effective: 11/07/07 contents 1 Unauthorised version prepared by ACT Parliamentary Counsel's Office Australian Capital Territory Fisheries Regulation 2001 made under the Fisheries Act 2000 Contents Page 1 Name of regulation 2 2 Notes 2 2A Offences against regulation—application of Criminal Code etc 2 3 Prescribed number of fish—Act, s 37 (1) 2 4 Prescribed quantity of fish—Act, s 45 (1) 2 4A Commercial quantity—Act, dict, def commercial quantity 3 5 Hoop nets 3 Endnotes 1 About the endnotes 4 2 Abbreviation key 4 3 Legislation history 5 Contents Page contents 2 Fisheries Regulation 2001 Effective: 11/07/07 R7 11/07/07 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4 Amendment history 6 5 Earlier republications 7 R7 11/07/07 Fisheries Regulation 2001 Effective: 11/07/07 page 1 Unauthorised version prepared by ACT Parliamentary Counsel's Office Australian Capital Territory Fisheries Regulation 2001 made under the Fisheries Act 2000 http://www.legislation.act.gov.au/a/2000-38 Section 1 page 2 Fisheries Regulation 2001 Effective: 11/07/07 R7 11/07/07 Unauthorised version prepared by ACT Parliamentary Counsel's Office 1 Name of regulation This regulation is the Fisheries Regulation 2001. 2 Notes A note included in this regulation is explanatory and is not part of this regulation. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 2A Offences against regulation—application of Criminal Code etc Other legislation applies in relation to offences against this regulation. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms 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. 3 Prescribed number of fish—Act, s 37 (1) The number of fish prescribed for any period is zero. 4 Prescribed quantity of fish—Act, s 45 (1) The quantity of fish prescribed is 0kg. http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2002-51 http://www.legislation.act.gov.au/a/2001-14 Section 4A R7 11/07/07 Fisheries Regulation 2001 Effective: 11/07/07 page 3 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4A Commercial quantity—Act, dict, def commercial quantity The quantity of fish of a priority species that is a commercial quantity is as follows: (a) for abalone—100 or more; (b) for rock lobster—20 or more. 5 Hoop nets (1) This section applies if the Minister declares under the Act, section 17 (Declaration of fishing gear) that hoop nets are fishing gear that may be used for taking fish (or a particular kind of fish). (2) A person must not use a hoop net other than by lowering it into the water and drawing it out by hand vertically. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. http://www.legislation.act.gov.au/a/2000-38/ Endnotes 1 About the endnotes page 4 Fisheries Regulation 2001 Effective: 11/07/07 R7 11/07/07 Unauthorised version prepared by ACT Parliamentary Counsel's Office Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current 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, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired http://www.legislation.act.gov.au/a/2001-14 Endnotes Legislation history 3 R7 11/07/07 Fisheries Regulation 2001 Effective: 11/07/07 page 5 Unauthorised version prepared by ACT Parliamentary Counsel's Office 3 Legislation history This regulation was originally the Fisheries Regulations 2001. It was renamed under the Legislation Act 2001. Fisheries Regulation 2001 A2001-29 notified 30 August 2001 (Gaz 2001 No 35) commenced 30 August 2001 (s 2) as amended by Statute Law Amendment Act 2002 A2002-30 pt 3.30 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.30 commenced 17 September 2002 (s 2 (1)) Fisheries Amendment Regulations 2004 (No 1) SL2004-2 notified LR 15 January 2004 s 1, s 2 commenced 15 January 2004 (LA s 75 (1)) remainder commenced 16 January 2004 (s 2) Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.22 notified LR 27 October 2005 s 1, s 2 commenced 27 October 2005 (LA s 75 (1)) sch 1 pt 1.22 commenced 24 November 2005 (s 2) Fisheries Amendment Act 2006 A2006-48 s 24 notified LR 28 November 2006 s 1, s 2 commenced 28 November 2006 (LA s 75 (1)) s 24 commenced 29 November 2006 (s 2) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.14 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.14 commenced 11 July 2007 (s 2 (1)) http://www.legislation.act.gov.au/sl/2001-29 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/gaz/2001-35/default.asp http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2006-48 http://www.legislation.act.gov.au/a/2007-16 Endnotes 4 Amendment history page 6 Fisheries Regulation 2001 Effective: 11/07/07 R7 11/07/07 Unauthorised version prepared by ACT Parliamentary Counsel's Office 4 Amendment history Name of regulation s 1 am R4 LA Notes s 2 om LA s 89 (4) ins A2005-54 amdt 1.154 Offences against regulation—application of Criminal Code etc s 2A ins A2005-54 amdt 1.154 Prescribed number of fish—Act, s 37 (1) s 3 sub A2002-30 amdt 3.374 Prescribed quantity of fish—Act, s 45 (1) s 4 sub A2002-30 amdt 3.374 Commercial quantity—Act, dict, def commercial quantity s 4A hdg sub A2007-16 amdt 3.62 s 4A ins A2006-48 s 24 Hoop nets s 5 sub A2005-54 amdt 1.155 Infringement notice offences—Act, s 90, def of infringement notice offence s 6 om SL2004-2 s 4 Infringement notice penalties—Act, s 90, def of infringement notice penalty s 7 om SL2004-2 s 4 Cost of serving reminder notice—Act, s 90, def of infringement notice penalty, par (b) s 8 om SL2004-2 s 4 Infringement notice offences and penalties sch 1 om SL2004-2 s 4 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2007-16 http://www.legislation.act.gov.au/a/2006-48 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/sl/2004-2 Endnotes Earlier republications 5 R7 11/07/07 Fisheries Regulation 2001 Effective: 11/07/07 page 7 Unauthorised version prepared by ACT Parliamentary Counsel's Office 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 30 Aug 2001 30 Aug 2001– 16 Sept 2002 not amended new regulation R2 23 Sept 2002 17 Sept 2002– 15 Jan 2004 A2002-30 amendments by A2002-30 R3 16 Jan 2004 16 Jan 2004– 1 Nov 2004 SL2004-2 amendments by SL2004-2 R4 2 Nov 2004 2 Nov 2004– 23 Nov 2005 SL2004-2 includes editorial amendments under Legislation Act R5 24 Nov 2005 24 Nov 2005– 28 Nov 2006 A2005-54 amendments by A2005-54 R6 29 Nov 2006 29 Nov 2006– 10 July 2007 A2006-48 amendments by A2006-48 © Australian Capital Territory 2007 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/a/2002-30 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/sl/2004-2 http://www.legislation.act.gov.au/a/2001-14 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2005-54 http://www.legislation.act.gov.au/a/2006-48 http://www.legislation.act.gov.au/a/2006-48