4BOffences against Act—application of Criminal Code etc

4B Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 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 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.

5 Meaning of fisheries management plan fisheries management plan— (a) means a plan for the ACT detailing how fish and fisheries may be appropriately managed; and 1 conservation of fish in certain areas 2 stocking fish into waters (b) includes anything required to be included by a conservator guideline; and (c) may apply, adopt or incorporate an instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)). 6 Preparation and public consultation (1) The conservator may prepare a draft fisheries management plan. (2) If the conservator prepares a draft fisheries management plan, the conservator must also prepare a notice about the draft fisheries management plan (a public consultation notice). (3) A public consultation notice must— (a) state that— (i) anyone may give a written submission to the conservator about the draft fisheries management plan; and

(ii) submissions may be given to the conservator only during the period starting on the day the public consultation notice is notified under the Legislation Act and ending on a stated day, being a day at least 6 weeks after the day it is notified (the public consultation period); and (b) include the draft fisheries management plan. (4) A public consultation notice is a notifiable instrument. (5) If the conservator notifies a public consultation notice for a draft fisheries management plan— (a) anyone may give a written submission to the conservator about the draft fisheries management plan; and (b) the submission may be given to the conservator only during the public consultation period; and (c) the person making the submission may, in writing, withdraw the submission at any time. (6) At the end of the public consultation period, the conservator must— (a) consider any submissions received during the consultation period; and (b) make any revision to the draft fisheries management plan that the conservator considers appropriate; and (c) state in the draft fisheries management plan a date on which the plan will be reviewed.