Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008
Sch 2Foreign boats equipped for fishing
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Schedule 2—Foreign boats equipped for fishing
Fisheries Management Act 1991
1 Subsection 101(1)
Omit “with nets, traps or other equipment”.
Note: The heading to section 101 is altered by omitting “with nets etc.” and substituting “for fishing”.
2 Paragraph 101(1)(c)
Omit “nets, traps or other equipment for fishing are stored and secured”, substitute “fishing equipment is stowed”.
3 Paragraph 101(1)(d)
Omit “nets, traps or other equipment are stored and secured”, substitute “fishing equipment is stowed”.
4 After subsection 101(1)
Insert:
(1A) For the purposes of paragraphs (1)(c) and (d), a boat’s fishing equipment is not stowed unless all of the boat’s:
(a) nets, traps and other fishing equipment; and
(b) associated equipment, including buoys and beacons;
are disengaged and secured, and where practicable stored inside the boat, in such a manner as not to be readily available for fishing.
5 Paragraph 101A(1)(c)
Omit “with nets, traps or other equipment”.
6 Paragraph 101A(4)(c)
Omit “nets, traps and other equipment for fishing are stored and secured”, substitute “fishing equipment is stowed”.
7 Paragraph 101A(4)(d)
Omit “nets, traps and other equipment for fishing are stored and secured”, substitute “fishing equipment is stowed”.
8 At the end of section 101A (after the note)
Add:
(5) For the purposes of paragraphs (4)(c) and (d), a boat’s fishing equipment is not stowed unless all of the boat’s:
(a) nets, traps and other fishing equipment; and
(b) associated equipment, including buoys and beacons;
are disengaged and secured, and where practicable stored inside the boat, in such a manner as not to be readily available for fishing.
9 Paragraph 101AA(1)(c)
Omit “with nets, traps or other equipment”.
10 Paragraph 101AA(2)(c)
Omit “nets, traps and other equipment for fishing are stored and secured”, substitute “fishing equipment is stowed”.
11 Paragraph 101AA(2)(d)
Omit “nets, traps and other equipment for fishing are stored and secured”, substitute “fishing equipment is stowed”.
12 After subsection 101AA(2) (after the note)
Insert:
(2A) For the purposes of paragraphs (2)(c) and (d), a boat’s fishing equipment is not stowed unless all of the boat’s:
(a) nets, traps and other fishing equipment; and