83Fishing Industry Research and Development Fund advisory

83 Fishing Industry Research and Development Fund advisory committee (1) On the commencement: (a) the Fishing Industry Research and Development Fund advisory committee is taken to be reconstituted as the Fishing Industry Research and Development Trust Fund advisory committee; and (b) the appointed members of the Fishing Industry Research and Development Fund advisory committee holding office immediately before the commencement become members of the Fishing Industry Research and Development Trust Fund advisory committee as if they had been appointed under section 52(2)(b) of the new Act. (2) In this section: appointed member, of the Fishing Industry Research and Development Fund advisory committee, means a person appointed under section 52(2)(b) of the old Act. Fishing Industry Research and Development Fund advisory committee means the committee established under section 52 of the old Act. Fishing Industry Research and Development Trust Fund advisory committee means the committee established under section 52 of the new Act. Fisheries Act 1988 89 section 3 Act Number and year Fish and Fisheries Act 1979 No. 4, 1980 Fish and Fisheries Amendment Act 1981 No. 38, 1981 Fish and Fisheries Amendment Act (No. 2) 1981 No. 114, 1981 Fish and Fisheries Amendment Act 1982 No. 56, 1982 Fish and Fisheries Amendment Act (No. 2) 1982 No. 74, 1982 Fish and Fisheries Amendment Act 1984 No. 31, 1984 Fish and Fisheries Amendment Act 1985 No. 31, 1985 Fisheries Act 1988 90 Schedule 2 Matters that may be provided for in a management plan sections 25(1) and 70C(1) 2. A management plan may: (a) designate areas, within the management area where, and the periods when, fishing for certain species of fish or aquatic life shall be prohibited or restricted, or permitted only by specified types of vessels or by specified methods or persons, or with specified types or quantities of fishing gear, or subject to such other conditions as may be specified; (aa) specify the methods or practices to be used by a class of persons in the supervision of operations conducted for the purposes of a licence or permit; (ba) specify the species of fish that may or shall not be taken and/or the restrictions (if any) that apply in relation to the taking of any species of fish; (bb) specify the number of licences that may be issued in relation to an area or a fishery, as the case requires, and prohibit or regulate the transfer of licences in respect of a fishery; (b) specify ports or places or circumstances where fish or aquatic life may be landed or trans-shipped at sea; (c) provide for the management of a fishery, or a designated area within a fishery, through a quota system; (d) authorise the Minister or Joint Authority to determine, by Gazette notice, any matter required for the operation of a quota system; (e) set limits as to size, number, weight, sex, or other factor, on a catch of fish or aquatic life, or any species or class of fish or aquatic life, from any specified area which are considered necessary or desirable for the conservation and management of the fishery; (f) establish a system for limiting access to the fishery to persons who can satisfy the Director or Joint Authority of their eligibility having regard to, but not limited to, the following criteria or such criteria as may be specified in the plan: (i) present participation in the fishery; Fisheries Act 1988 91 (ii) historical fishing patterns and dependence on the (iii) the capability of fishing vessels being used, or intended to be used, in the fishery, to operate in other fisheries; (g) provide for fishing monitoring and vessel monitoring, including authorising the Director to require all holders of a class of licence or permit, or all owners of a class of registered vessel, to install and operate fishing monitoring equipment or a vessel monitoring system or both on a vessel; (h) contain any other measures considered necessary or desirable for the conservation, management or control of the (j) provide for the establishment and administration of a scheme for the rationalisation of the fishery and for those purposes may provide for: (i) a limitation or reduction in an equitable manner of the number of fishing units licensed to operate in a fishery; (ii) the surrender and purchase of licences relating to that fishery on payment of agreed compensation; (iii) the establishment by the Accountable Officer of a fund within the Agency Operating Account within the meaning of the Financial Management Act 1995; (iv) the imposition of levies or other payments for the purposes of funding any compensation to be paid; and (v) the repayment of surplus amounts, after payment of any outstanding amounts due, to persons who, on conclusion of a scheme, are holders of licences in respect of fishing units to which the scheme relates. Examples for clause 2(d) 1 Total allowable catch. 2 The allocation of total allowable catch between licensees. 2A. A management plan may deem a person to be in possession of fish in circumstances prescribed by the plan. 2B. A management plan may: (a) subject to paragraph (b), for an offence against the management plan, prescribe a fine not exceeding 170 penalty units and, if the offence is a continuing one, prescribe a further Fisheries Act 1988 92 fine not exceeding 4 penalty units for each day after the first day during which the offence has continued; and (b) for an offence against the management plan that is an offence of strict liability, prescribe a penalty not exceeding 100 penalty units. 3. A management plan may prescribe different penalties for different classes of offender for an offence against the plan. 4. Subject to clause 5, a management plan may provide for the Director or Joint Authority to do either or both of the following: (a) revoke an approval for a person to engage in a fishery in a capacity that the Director or Joint Authority must approve; (b) refuse, for a specified period not exceeding 5 years, to approve a person to engage in a fishery in a capacity that the Director or Joint Authority must approve. 5. A provision of a management plan made under clause 4 may authorise the Director or Joint Authority to act under the provision only if: (a) the person has been found guilty: (i) on more than one occasion of a prescribed offence under the plan (whether the same type of offence or not); or (ii) of a prescribed offence under the plan and has also been found guilty of a prescribed offence under another management plan; and (b) the later offence was committed after the commencement of that clause. Fisheries Act 1988 93 section 50A(1)(a) Reviewable decision Affected person Refusal of application for grant or renewal of licence or permit (section 13(3) or 16(6)) Imposition or variation of condition of licence or permit (section 14(1) or (5)) Refusal to approve licence transfer (section 16A(4)) Refusal to grant special permit (section 17) Applicant Revocation of special permit (section (17(6)) Permit holder Refusal of application to be an approved operator (section 17A(3)) Revocation of approval of approved operator (section 17D) Approved operator Cancellation or suspension of licence or permit under section 20A Refusal of application under section 33(3) for release of property seized Fisheries Act 1988 94 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Fisheries Act 1988 (Act No. 58, 1988) Assent date 14 December 1988 Commenced 14 December 1988 Statute Law Revision Act 1990 (Act No. 33, 1990) Assent date 11 June 1990 Commenced 11 June 1990 Statute Law Revision Act 1991 (Act No. 31, 1991) Assent date 25 June 1991 Commenced 25 June 1991 Pastoral Land (Consequential Amendments) Act 1992 (Act No. 39, 1992) Assent date 25 June 1992 Commenced 26 June 1992 (s 2, s 2 Pastoral Land Act 1992 (Act No. 17, 1992) and Gaz S33, 26 June 1992) Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Fisheries Act 1988 95 Fisheries Amendment Act 1994 (Act No. 65, 1994) Assent date 3 November 1994 Commenced ss 15, 43 and 44: 3 November 1994 (s 2(1)); ss 5(a), (b), (c) and (e), 34 – 37: 3 February 1995 (s 2(2) and s 2 Fisheries Management Act 1991 (Cth) (Cth Act No. 162, 1991)); rem: 28 November 1994 (Gaz G47, 23 November 1994, p 4) Amending Legislation Fisheries Amendment Act 1994 Amendment Act 1994 (Act No. 74, 1994) Assent date 30 December 1994 Commenced 30 December 1994 Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management Act 1992 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Statute Law Revision Act (No. 2) 1995 (Act No. 42, 1995) Assent date 13 October 1995 Commenced 13 October 1995 Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Fisheries Amendment Act 1997 (Act No. 24, 1997) Assent date 2 June 1997 Commenced ss 7(a), 8(b), 9(b) and (c) and 10: 3 June 1998 (Gaz G21, 3 June 1998, p 7); rem: 9 July 1997 (Gaz G27, 9 July 1997, p 4) Amending Legislation Fisheries Amendment Act 1997 Amendment Act 1998 (Act No. 13, 1998) Assent date 30 March 1998 Commenced 3 June 1998 (s 2, s 2 Fisheries Amendment Act 1997 (Act No. 24, 1997) and Gaz G21, 3 June 1998, p 7) Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Fisheries Amendment Act 2000 (Act No. 21, 2000) Assent date 6 June 2000 Commenced 20 December 2000 (s 2) Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Fisheries Amendment Act 2001 (Act No. 41, 2001) Assent date 19 July 2001 Commenced 19 July 2001 Fisheries Act 1988 96 Fines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60, 2001) Assent date 11 December 2001 Commenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery) Act 2001 (Act No. 60, 2002) and Gaz G50, 19 December 2001, p 3) Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002) Assent date 7 November 2002 Commenced 7 November 2002 Fisheries Amendment Act 2003 (Act No. 7, 2004) Assent date 7 January 2004 Commenced 7 January 2004 Fisheries Amendment Act 2004 (Act No. 32, 2004) Assent date 4 June 2004 Commenced 22 September 2004 (Gaz G38, 22 September 2004, p 2) Police Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005) Assent date 17 March 2005 Commenced 20 April 2005 (Gaz G16, 20 April 2005, p 5) Financial Management Amendment Act 2009 (Act No. 15, 2009) Assent date 18 June 2009 Commenced 18 June 2009 Statute Law Revision Act 2009 (Act No. 25, 2009) Assent date 1 September 2009 Commenced 16 September 2009 (Gaz G37, 16 September 2009, p 3) Personal Property Securities (National Uniform Legislation) Implementation Act 2010 (Act No. 30, 2010) Assent date 9 September 2010 Commenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012); rem: 25 November 2011 (Gaz S68, 25 November 2011) Penalties Amendment (Children and Families, Health and Primary Industry, Fisheries and Resources) Act 2011 (Act No. 28, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 4) Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (Gaz S34, 29 April 2016) Fisheries Legislation Amendment Act 2016 (Act No. 23, 2016) Assent date 9 June 2016 Commenced 1 January 2017 (Gaz G51, 21 December 2016, p 12) Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) Interpretation Amendment Act 2021 (Act No. 28, 2021) Assent date 15 December 2021 Commenced 1 January 2022 (s 2) Fisheries Act 1988 97 Fisheries Legislation Amendment Act 2022 (Act No. 27, 2022) Assent date 9 December 2022 Commenced 10 December 2022 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS ss 42, 43 and 44 Fisheries Amendment Act 1994 (Act No. 65, 1994) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 33B, 46C, 49, 50A, 51, 55 and 71 and Sch 2. 5 LIST OF AMENDMENTS lt amd No. 65, 1994, s 4 pt I hdg sub No. 23, 2016, s 43 s 2A ins No. 32, 2004, s 4 amd No. 23, 2016, s 4; No. 27, 2022, s 4 s 2B ins No. 27, 2022, s 5 s 4 amd No. 31, 1991, s 3; No. 65, 1994, s 5; No. 24, 1997, s 3; No. 21, 2000, s 4; No. 59, 2002, s 5; No. 7, 2004, s 3; No. 32, 2004, s 5; No. 23, 2016, s 5; No. 27, 2022, s 6 s 4A ins No. 23, 2016, s 6 pt II hdg amd No. 23, 2016, s 43 pt II div 1 hdg rep No. 23, 2016, s 43 s 6 sub No. 23, 2016, s 7 s 7 amd No. 23, 2016, s 43 s 7A ins No. 23, 2016, s 8 s 8 sub No. 23, 2016, s 8 s 8A ins No. 23, 2016, s 8 s 9 amd No. 24, 1997, s 4; No. 23, 2016, s 9 s 9A ins No. 21, 2000, s 5 amd No. 23, 2016, s 10 s 9B ins No. 23, 2016, s 11 pt 2A hdg ins No. 23, 2016, s 11 div 1 hdg ins No. 23, 2016, s 11 pt 2 div 2 hdg rep No. 23, 2016, s 11 div 2 hdg ins No. 23, 2016, s 11 s 10 amd No. 65, 1994, s 6; No. 42, 1995, s 3; No. 28, 2011, s 5 s 11 amd No. 65, 1994, s 7; No. 24, 1997, s 5; No. 32, 2004, s 6 s 11A ins No. 24, 1997, s 6 amd No. 7, 2004, s 4 s 12 amd No. 65, 1994, s 8; No. 42, 1995, s 3; No. 24, 1997, s 7; No. 32, 2004, s 7 Fisheries Act 1988 98 s 12A ins No. 65, 1994, s 9 amd No. 24, 1997, s 8; No. 32, 2004, s 8; No. 28, 2011, s 5 s 12B ins No. 65, 1994, s 9 amd No. 24, 1997, s 9; No. 32, 2004, s 9 s 12C ins No. 24, 1997, s 10 as amd No. 13, 1998, s 3 amd No. 21, 2000, s 6; No. 17, 2001, s 21 rep No. 32, 2004, s 10 s 13 sub No. 65, 1994, s 10 amd No. 42, 1995, s 3 sub No. 24, 1997, s 11; No. 23, 2016, s 11 ss 13A – 13D ins No. 24, 1997, s 11 s 13E ins No. 24, 1997, s 11 s 14 amd No. 65, 1994, s 11; No. 42, 1995, s 3 sub No. 24, 1997, s 11 s 14A ins No. 24, 1997, s 11 s 14B ins No. 30, 2010, s 35 pt 2 div 3 hdg rep No. 23, 2016, s 11 s 15 amd No. 17, 1996, s 6; No. 28, 2011, s 5 s 16 amd No. 25, 2009,s 10 amd No. 27, 2022, s 7 ss 16A – 16C ins No. 23, 2016, s 11 s 17 amd No. 65, 1994, s 12; No. 24, 1997, s 12 div 3 hdg ins No. 23, 2016, s 11 ss 17A – 17J ins No. 23, 2016, s 11 div 4 hdg ins No. 23, 2016, s 11 s 17K ins No. 23, 2016, s 11 pt 2 div 4 hdg rep No. 23, 2016, s 11 s 18 amd No. 65, 1994, s 13; No. 28, 2011, s 5 s 19 amd No. 65, 1994, s 14 pt 2 div 5 hdg rep No. 23, 2016, s 11 div 5 hdg ins No. 23, 2016, s 11 s 20 amd No. 17, 1996, s 6 ss 20A – 20C ins No. 23, 2016, s 11 div 6 hdg ins No. 23, 2016, s 11 ss 20D – 20G ins No. 23, 2016, s 11 Fisheries Act 1988 99 pt III hdg sub No. 23, 2016, s 43 s 21 amd No. 65, 1994, s 15; No. 23, 2016, s 43; No. 27, 2022, s 8 s 22 amd No. 23, 2016, s 43 s 23 sub No. 23, 2016, s 12 s 24 amd No. 23, 2016, s 43; No. 27, 2022, s 9 s 25 amd No. 31, 1991, s 3; No. 65, 1994, s 16 sub No. 23, 2016, s 13 s 25A ins No. 65, 1994, s 17 amd No. 23, 2016, s 14 s 23 sub No. 23, 2016, s 15 s 27 amd No. 65, 1994, s 18; No. 23, 2016, s 43 pt IV hdg amd No. 23, 2016, s 43 s 28 amd No. 65, 1994, s 19; No. 41, 2001, s 2; No. 23, 2016, s 43 s 29 amd No. 23, 2016, s 16 s 30 amd No. 65, 1994, s 20 sub No. 23, 2016, s 17 s 31 amd No. 23, 2016, s 18 s 32 amd No. 23, 2016, s 19 s 33 amd No. 17, 1996, s 6; No. 11, 2005, s 20 sub No. 23, 2016, s 20 ss 33A – 33C ins No. 23, 2016, s 20 s 34 amd No. 65, 1994, s 21 sub No. 24, 1997, s 13 amd No. 21, 2000, s 7; No. 23, 2016, s 21 s 34A ins No. 21, 2000, s 8 sub No. 23, 2016, s 22 s 35 sub No. 24, 1997, s 13; No. 23, 2016, s 22 s 35A ins No. 23, 2016, s 22 s 36 amd No. 28, 1993, s 3; No. 24, 1997, s 14; No. 28, 2011, s 5 sub No. 23, 2016, s 22 pt IV div 4 hdg amd No. 23, 2016, s 43 s 37 amd No. 65, 1994, s 22; No. 17, 1996, s 6; No. 7, 2004, s 5; No. 28, 2011, s 5 sub No. 23, 2016, s 23 s 37A ins No. 65, 1994, s 23 amd No. 60, 2001, s 8; No. 7, 2004, s 6 rep No. 23, 2016, s 23 s 37B ins No. 65, 1994, s 23 amd No. 7, 2004, s 7 rep No. 23, 2016, s 23 s 38 amd No. 65, 1994, s 24; No. 24, 1997, s 15; No. 9, 2016, s 109; No. 23, 2016, s 24; No. 10, 2018, s 6 s 39 sub No. 23, 2016, s 25 s 40 amd No. 65, 1994, s 25; No. 28, 2011, s 5 ss 40A – 40B ins No. 23, 2016, s 25 s 41 amd No. 65, 1994, s 26; No. 28, 2011, s 5 s 42 sub No. 23, 2016, s 25 s 43 amd No. 17, 1996, s 6 s 43A ins No. 65, 1994, s 27 amd No. 9, 2016, s 110 s 44 amd No. 21, 2000, s 9; No. 23, 2016, s 43 s 45 amd No. 65, 1994, s 28; No. 17, 1996, s 6; No. 23, 2016, s 43 Fisheries Act 1988 100 s 45A ins No. 65, 1994, s 29 rep No. 24, 1997, s 16 ins No. 23, 2016, s 26 s 45B ins No. 23, 2016, s 26 s 46 amd No. 65, 1994, s 30; No. 17, 1996, s 6; No. 7, 2004, s 8; No. 23, 2016, s 27 pt 4 div 4A hdg ins No. 23, 2016, s 28 ss 46A – 46F ins No. 23, 2016, s 28 pt 4 div 4B hdg ins No. 23, 2016, s 28 ss 46G – 46N ins No. 23, 2016, s 28 s 47 amd No. 65, 1994, s 31; No. 27, 1999, s 15; No. 7, 2004, s 9; No. 15, 2009, s 16; No. 28, 2011, s 5; No. 23, 2016, s 29 s 48 amd No. 23, 2016, s 43 s 49 amd No. 31, 1991, s 3; No. 65, 1994, s 32; No. 42, 1995, s 3 sub No. 23, 2016, s 30 amd No. 28, 2021, s 20 pt 5 hdg sub No. 23, 2016, s 30 pt 5 div 1 hdg ins No. 23, 2016, s 30 s 50 amd No. 65, 1994, s 33; No. 7, 2004, s 10 sub No. 23, 2016, s 30 s 50A ins No. 23, 2016, s 30 pt 5 div 2 hdg ins No. 23, 2016, s 30 s 51 rep No. 5, 1995, s 19 ins No. 24, 1997, s 17 amd No. 27, 1999, s 15; No. 23, 2016, s 31 s 52 amd No. 24, 1997, s 18 sub No. 23, 2016, s 32 s 53 amd No. 23, 2016, s 43 rep No. 27, 2022, s 10 s 55 amd No. 39, 1992, s 3; No. 23, 2016, s 43 s 57 sub No. 23, 2016, s 33 pt VI hdg amd No. 23, 2016, s 43 s 58 amd No. 65, 1994, s 34; No. 59, 2002, s 5; No. 23, 2016, s 43 s 61 amd No. 23, 2016, s 43 s 62 amd No. 65, 1994, s 35 s 63 amd No. 65, 1994, s 36 pt 6 div 2 sdiv 1 hdg ins No. 23, 2016, s 34 s 63A ins No. 23, 2016, s 34 s 64 amd No. 65, 1994, s 37; No. 23, 2016, s 35 s 64A ins No. 23, 2016, s 36 s 65 amd No. 65, 1994, s 38 sub No. 23, 2016, s 36 s 66 amd No. 65, 1994, s 39; No. 23, 2016, s 37 s 67 sub No. 23, 2016, s 38 s 69 amd No. 23, 2016, s 43 pt 6 div 2 sdiv 2 hdg ins No. 23, 2016, s 39 s 70A ins No. 23, 2016, s 39 s 70B ins No. 23, 2016, s 39 amd No. 27, 2022, s 11 ss 70C – 70E ins No. 23, 2016, s 39 Fisheries Act 1988 101 pt VII hdg sub No. 23, 2016, s 43 pt 8 hdg ins No. 23, 2016, s 40 ss 72 – 83 ins No. 23, 2016, s 40 sch 2 amd No. 31, 1991, s 3; No. 65, 1994, s 40; No. 24, 1997, s 19; No. 27, 1999, s 15; No. 7, 2004, s 11; No. 28, 2011, s 5; No. 23, 2016, s 41 sch 3 amd No. 33, 1990, s 9 rep No. 65, 1994, s 41 ins No. 23, 2016, s 42