Part 10Miscellaneous

Part 10—Miscellaneous Division 1—General 115—Exemptions (1) Subject to this section, the Minister may, by notice in the Gazette— (a) exempt a person or class of persons, subject to such conditions as the Minister thinks fit and specifies in the notice, from specified provisions of this Act; or (b) vary or revoke an exemption, or a condition of an exemption, under this section or impose a further condition. (2) The Minister must, before making an exemption that relates to, or is to apply in respect of, a specially protected area, consult with the relevant Minister. (4) The Minister may not exempt a person or class of persons from a provision of a management plan or regulations for a fishery or an aboriginal traditional fishing management plan or regulations relating to aboriginal traditional fishing. (5) An exemption under this section operates for a period (not exceeding 12 months) specified in the notice of exemption. (6) A person who contravenes a condition of an exemption is guilty of an offence. 116—Registers (1) The Minister must keep the following registers: (a) a register of authorities; (b) a register of exemptions; (c) a register of persons who have been disqualified under this Act from holding or obtaining an authority; (d) a register of persons who have been disqualified under this Act from being registered as the master of a boat used pursuant to an authority; (e) a register of persons who have been disqualified under this Act from being the director of a body corporate that holds an authority. (2) The register of authorities must include, in relation to each authority— (a) the full name and postal address of each person in whose name the authority is held; and (b) in the case of an authority held in the name of a body corporate—the full name and postal address of each director of the body corporate; and (c) particulars of any conditions to which the authority is subject; and (d) the number of demerit points recorded against the authority; and (e) in the case of a fishery authority— (i) the full name and postal address of the registered master of a boat registered for use under the authority; and (ii) particulars of any boat registered for use under the authority; and (iii) particulars of any device registered for use under the authority; and (iv) particulars of any quota entitlements under the authority; and (v) a history of all transfers of the authority made since the commencement of this Act; and (vi) in the case of a fishery licence—any notation that a person specified by the holder of the licence has an interest in the licence; and (vii) information prescribed by the regulations; and (viii) any other information as the Minister thinks fit. (3) The register of exemptions must include, in relation to each exemption— (a) the full name and postal address of each person to whom the exemption applies; and (b) particulars of any condition to which the exemption is subject; and (c) information prescribed by the regulations; and (d) any other information as the Minister thinks fit. (4) The registers referred to in subsection (1)(c), (d) and (e)— (a) must not include any person who is dead; and (b) must include, in relation to each person on the register— (i) the full name and postal address of the person; and (ii) the date on which the disqualification took effect. (5) The Minister must, on application by the holder of a fishery licence and payment of the prescribed fee, make a notation on the register of authorities that a specified person nominated by the holder of the licence has an interest in the licence. (6) If the register of authorities includes a notation that a specified person has an interest in a fishery licence— (a) where proceedings for an offence against this Act are commenced against the holder of the licence or a registered master of a boat used under the licence, the Minister must give or cause to be given to the person specified in the notation written notice setting out particulars of the alleged offence; and (b) the Minister must, on application by that person, remove that notation from the register. (7) The registers will be kept in a manner and form determined by the Minister. (8) The registers must be kept available for inspection, without fee, by members of the public— (a) during ordinary office hours at a public office, or public offices, determined by the Minister; and (b) on a web site determined by the Minister. (9) A member of the public may, on payment of the prescribed fee, obtain a copy of any part of a register kept under this Act. 117—Recovery of fees, levies and other amounts A fee, levy or other amount payable under this Act is recoverable by action in a court of competent jurisdiction as a debt due to the Minister. 118—Statutory declarations If a person is required under this Act to provide information to the Minister, the Director or a prescribed authority, the Minister, Director or prescribed authority (as the case may be) may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have provided the information as required unless it has been verified in accordance with the requirements of the Minister, Director or prescribed authority. 119—False or misleading statement or information A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided, or record kept, under this Act. (a) if the case where the offence involved the making of a false or misleading statement, or the provision of false or misleading information, relating to a quota entitlement under a fishery authority— (i) if the offender is a body corporate—$300 000; (ii) if the offender is a natural person—$60 000; (i) if the offender is a body corporate—$100 000; (ii) if the offender is a natural person—$20 000. 120—Offences committed by bodies corporate or agents, or involving registered boats (1) If a body corporate is guilty of a prescribed offence, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person unless the director proves that he or she could not by the exercise of due diligence have prevented the commission of the offence. (1a) If a body corporate is guilty of an offence against this Act (other than a prescribed offence or an offence against the regulations), each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that— (a) the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the director failed to exercise due diligence to prevent the commission of the offence. (1b) Subsection (1a) does not apply if the principal offence is an offence against section 59, 67, 73, 75, 76, 77, 84, 88 or 91. (2) If a person is guilty of an offence against this Act committed while he or she was acting as the agent of another person, that other person is guilty of an offence and liable to the same penalty as is prescribed for the principal offence. (3) If a registered boat is used in or in connection with the commission of an offence against this Act, the registered owner of the boat is guilty of an offence and liable to the same penalty as is prescribed for the principal offence. (4) Without limiting the effect of this section— (a) if the registered master of a registered boat is not the registered owner and— (i) the registered master, while on the boat, does or omits to do an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act; or (ii) the registered master does or omits to do, in relation to a fishing activity conducted by use of the boat, an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act, the registered owner is guilty of an offence and liable to the same penalty as is prescribed for the principal offence or to the penalty to which the registered owner would be liable if the act or thing, if done or omitted to be done by him or her, constituted an offence against this Act; (b) if— (i) an employee or other agent of the registered owner or the registered master, while on the boat, does or omits to do an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act; or (ii) an employee or other agent of the registered owner or the registered master does or omits to do, in relation to a fishing activity conducted by use of the boat, an act or thing the doing or omission of which constitutes an offence against this Act or that would, if done or omitted to be done by the registered owner, constitute an offence against this Act, then— (iii) the registered owner is guilty of an offence and liable to the same penalty as is prescribed for the principal offence or to the penalty to which the registered owner would be liable if the act or thing, if done or omitted to be done by him or her, constituted an offence against this Act; or (iv) if the registered owner is not the registered master, the registered owner and the registered master are each guilty of an offence and liable to the same penalty as is prescribed for the principal offence or to the penalty to which the registered owner would be liable if the act or thing, if done or omitted to be done by him or her, constituted an offence against this Act. (5) The regulations may make provision in relation to the criminal liability of a director of a body corporate that is guilty of an offence against the regulations. (6) In this section— prescribed offence means— (a) an offence against section 52, 53, 72, 74, 78 or 102; or (b) an offence against section 71 that involves an aquatic mammal. 121—Commencement of prosecutions (1) Proceedings for an offence against this Act must be commenced— (a) in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921; (b) in any other case—any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Director of Public Prosecutions, at any later time within 5 years after the date of the alleged commission of the offence. (2) An apparently genuine document purporting to be signed by the Director of Public Prosecutions authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation. 122—Self-incrimination If a natural person is required to give information, answer a question or produce, or provide a copy of, a document or record under Part 8 and the information, answer, document or record would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless give the information, answer the question or produce, or provide a copy of, the document or record, but the information, answer, document or record will not be admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty other than proceedings in respect of the making of a false or misleading statement or declaration. 123—Rewards The Minister may pay a reward, not exceeding the prescribed amount, to a person who provides information leading to the conviction of a person for an offence against this Act. 124—Confidentiality (1) A person engaged or formerly engaged in the administration of this Act or the repealed Act must not divulge or communicate information obtained (whether by that person or otherwise) in the course of official duties except— (a) as required or authorised by or under this Act or any other Act or law; or (b) with the consent of the person to whom the information relates; or (c) in connection with the administration of this Act, the repealed Act or a corresponding law; or (d) to a law enforcement, prosecution or administrative authority of any Australian jurisdiction, where the information is required for the proper administration or enforcement of an Act or law of such a jurisdiction; or (e) for the purposes of any legal proceedings arising out of the administration of this Act, the repealed Act or a corresponding law. (2) Subsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates. (3) Information that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by— (a) the person to whom the information was disclosed; or (b) any other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. (4) Despite any other law to the contrary, the Minister, the Director or any other person to whom a return is provided under this Act by the holder of a fishery licence or other authority cannot be required by subpoena or otherwise to produce to a court or the Tribunal any information contained in such a return. Australian jurisdiction means the Commonwealth or a State or Territory of the Commonwealth. 125—Service (1) A notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may— (a) be given to the person personally; or (b) be posted in an envelope addressed to the person at the person's last known residential, business or (in the case of a corporation) registered address; or (c) be left for the person at the person's last known residential, business or (in the case of a corporation) registered address with someone apparently over the age of 16 years; or (d) be transmitted by fax transmission or e-mail to a fax number or e-mail address provided by the person (in which case the notice or document will be taken to have been given or served at the time of transmission). (2) Without limiting the effect of subsection (1), a notice or other document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may, if the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served on the person in accordance with that Act. 126—Evidentiary provisions (1) In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by the Minister certifying— (a) that a person named in the certificate was or was not at a specified time the holder of a specified authority; or (b) that a provision set out in the certificate was at a specified time a condition of a specified authority; or (c) that a boat specified in the certificate was or was not at a specified time a registered boat; or (d) that a person specified in the certificate was or was not at a specified time a registered master in relation to a specified boat; or (e) that an amount specified in the certificate was at a specified time the wholesale value of a specified species of aquatic resource; or (f) that the Minister had or had not consented to the use of a boat specified in the certificate in the place of a specified registered boat at a specified time; or (g) that the Minister had or had not consented to a person specified in the certificate being in charge of a specified boat in the place of the registered master at a specified time, is, in the absence of proof to the contrary, proof of the matters certified. (2) In proceedings for an offence against this Act, an apparently genuine document purporting to be a certificate signed by a fisheries officer certifying— (a) that aquatic resources taken by, or in the possession or control of, a specified person, was, on a specified day, of a specified weight, measure or count; and (b) that the weight, measure or count was determined by means of a prescribed procedure or by use of prescribed apparatus, is, in the absence of proof to the contrary, proof of the weight, measure or count of that aquatic resource. (3) In proceedings for an offence against this Act, an allegation in the complaint— (a) that a person named in the complaint was at a specified time a fisheries officer or scientific observer; or (b) that aquatic resources in relation to which any act or omission is alleged to have been done or made was an aquatic resource of a specified species, sex, size or weight, or was an aquatic resource having any other specified characteristic; or (c) that any purpose specified in the complaint was the purpose for which any act was done, is, in the absence of proof to the contrary, proof of the matter alleged. (4) In proceedings for an offence against this Act, if it is proved that an aquatic resource was in the possession or control of a person on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed, in the absence of proof to the contrary, that the aquatic resource was taken by that person from such waters or area of waters on that day. (5) In proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control any aquatic resource and a device capable of being used for taking such aquatic resource, it will be presumed, in the absence of proof to the contrary, that the person took the aquatic resource by means of that device on that day from such waters or area of waters. (6) In proceedings for an offence against this Act, if it is proved that an aquatic resource was in a boat on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, it will be presumed in the absence of proof to the contrary, that the boat was used for the purpose of taking the aquatic resource from such waters or area of waters on that day. (7) In proceedings for an offence against this Act, if it is proved that on a particular day in proximity to waters to which this Act applies, or an area of such waters specified in the complaint, a person had in his or her possession or control a device that is prohibited under this Act or the use of which is prohibited in such waters or area of waters, it will be presumed, in the absence of proof to the contrary, that the person had used that device for the purpose of taking aquatic resources in such waters or area of waters on that day. (8) In proceedings for an offence against this Act, evidence of a distance, height, depth or position as determined by the use of an electronic, sonic, optical, mechanical or other device by a fisheries officer or any other competent person will, in the absence of proof to the contrary, be accepted as proof of the distance, height, depth or position. (9) In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that a place or area described or indicated by him or her was within waters specified by or under this Act will, in the absence of proof to the contrary, be accepted as proof of the matter so stated. (10) In proceedings for an offence against this Act, a statement made in evidence by a fisheries officer that any packaging, label, slip or mark on the outside or inside of a receptacle, container, box or package of aquatic resources consigned for or on sale was marked with or contained the name or brand of any person will, in the absence of proof to the contrary, be accepted as proof that person consigned those aquatic resources for or on sale. Division 2—Regulations 127—General (1) The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act. (2) Regulations under this Act may— (a) make provisions of a savings or transitional nature consequent on the enactment of this Act or the commencement of specified provisions of this Act or specified regulations under this Act; (b) include evidentiary provisions to facilitate proof of breaches of the regulations for the purposes of proceedings for offences; (e) prescribe demerit points for offences against this Act; (f) prescribe expiation fees not exceeding $750 for alleged offences against the regulations; (g) subject to subsection (3), prescribe fines not exceeding $20 000 for contravention of, or non-compliance with, a regulation. (2a) The regulations may— (a) prescribe fees for the purposes of this Act and regulate the payment, refund, waiver or reduction of such fees; and (b) prescribe various methods for the calculation of various fees; and (c) prescribe fees which may be differential, varying according to any factor stated in the regulations; and (d) prescribe amounts payable for the late payment of fees under this Act. (3) A regulation made under section 128 may prescribe fines not exceeding $100 000 for contravention of, or non-compliance with, a regulation. (4) Demerit points prescribed by the regulations may be differential, varying according to any factor stated in the regulations. (5) A provision referred to in subsection (2)(a) may, if the regulations so provide, take effect from the date of assent to this Act or a later day. (6) To the extent to which a provision referred to in subsection (2)(a) takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as— (a) to affect, in a manner prejudicial to any person (other than the Crown), the rights of that person existing before the date of its publication; or (b) to impose liabilities on any person (other than the Crown) in respect of anything done or omitted to be done before the date of its publication. (7) The regulations may adopt, wholly or partially and with or without modification— (a) a code relating to matters in respect of which regulations may be made under this Act; or (b) an amendment to such a code. (8) Any regulations adopting a code, or an amendment to a code, may contain such incidental, supplementary and transitional provisions as appear to the Governor to be necessary. (9) The regulations or a code adopted by the regulations may— (a) refer to or incorporate, wholly or partially and with or without modification, a standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and (b) be of general or limited application; and (c) make different provision according to the persons, things or circumstances to which they are expressed to apply; and (d) provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Director or a prescribed authority. (10) If a code, standard or other document is adopted under subsection (7) or (9) as it is in force from time to time, any alteration to the code, standard or other document will not take effect for the purposes of this Act— (a) before a day on which notice of the alteration is published by the Minister in the Gazette; and (b) if the Minister so specifies in a notice under paragraph (a), until a day specified by the Minister. (11) If— (a) a code is adopted by the regulations; or (b) the regulations, or a code adopted by the regulations, refers to a standard or other document prepared or published by a prescribed body, then— (c) a copy of the code, standard or other document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and (d) in any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and (e) the code, standard or other document has effect as if it were a regulation made under this Act. 128—Regulations relating to conservation and management of aquatic resources, management of fisheries and aquatic reserves and regulation of fishing (1) Subject to this section, the Governor may make regulations for the conservation and management of the aquatic resources of the State, the management of fisheries and aquatic reserves and the regulation of fishing. (2) Without limiting the generality of subsection (1), the regulations may— (a) make provision for the management of a fishery (and without limiting the matters for which provision may be made)— (i) limit the applications for licences or permits in respect of the fishery to those that may be considered by the Minister to those made during a specified period or to those made during a specified period after a call by the Minister for applications or otherwise; (ii) prescribe the maximum number of licences or permits that may be in force in respect of a fishery or that may be granted in relation to applications made during a specified period or during a specified period after a call for applications; (iii) prescribe qualifications that applicants for licences or permits in respect of the fishery must possess to be eligible to be granted the licences or permits and any other matters to which the Minister must have regard in determining eligibility for licences or permits in respect of the fishery; (iv) prescribe a procedure under which applicants for licences or permits in respect of the fishery who are eligible to be granted licences or permits may be selected for the available number of licences or permits; (v) provide that no further licences or permits in respect of the fishery may be granted; (vi) provide that only the holder of a licence or permit in respect of a fishery may be registered as the master of a boat used pursuant to the licence or permit; (vii) prescribe matters of which the Minister must be satisfied before granting the registration of a boat; (viii) prescribe and provide for any security to be given by the holder of a licence or permit in respect of a fishery for due compliance with the provisions of this Act; (ix) authorise the transfer of licences in respect of the fishery or a class of licence in respect of the fishery; (x) prescribe matters of which the Minister must be satisfied before consenting to the transfer of a licence in respect of the fishery; (xi) prescribe matters that may be the subject of conditions of licences or permits in respect of the fishery; (xii) prescribe a quota system for the fishery and for that purpose (without limiting the matters which may be provided for)— (A) require the Minister to fix a total allowable catch, or total allowable commercial catch, for the fishery, specify the method by which the total allowable catch, or total allowable commercial catch, is to be determined and prescribe the circumstances in which the total allowable catch, or total allowable commercial catch, may be varied by the Minister during a quota period; (B) provide for the allocation of quota entitlements to holders of licences or permits in respect of the fishery; (xiii) in respect of a miscellaneous fishery provide for licences or permits of different kinds by empowering the Minister to impose conditions on the licences or permits limiting the class of fishing activities that may be engaged in pursuant to the licences or permits, limiting the term for which a licence or permit may remain in force or imposing any other limitation or restriction; (xiv) empower or require a court convicting the holder of a licence or permit in respect of the fishery of an offence of contravening or failing to comply with a condition of the licence or permit to order that the conditions of the licence or permit be varied by the Minister in the manner specified in the regulations; (b) make provision for the rationalisation or restructuring of a fishery (other than by way of adjustments in allocations of aquatic resources referred to in section 58) and for that purpose (without limiting the matters for which provision may be made)— (i) provide a scheme for the acquisition of licences or entitlements under licences by the Minister and include in the scheme provision for compulsory acquisition and the payment of compensation to persons whose licences or entitlements are compulsorily acquired; (ii) prescribe the method of calculation of amounts payable for the acquisition of licences or entitlements or as compensation for their compulsory acquisition; (iii) provide for a process of objection and appeal in relation to the payment of compensation under the regulations; (iv) provide for the imposition of levies for the purpose of funding the costs of acquiring licences or entitlements; (c) identify zones within an area of waters to which an aboriginal traditional fishing management plan applies— (i) to which entry by persons other than Aboriginal persons is restricted or prohibited; (ii) within which fishing activities other than aboriginal traditional fishing activities are restricted or prohibited; (d) require persons who engage in aboriginal traditional fishing activities, or aboriginal traditional fishing activities of a specified class, to hold a permit issued by the Minister and regulate the granting and renewal of permits, and the imposition of conditions on permits; (e) require and regulate— (i) the application or affixing of a mark or other distinguishing feature to registered boats and other boats of a prescribed class; (ii) the removal of prescribed marks or other distinguishing features from boats that have ceased to be registered under this Act and other boats of a prescribed class; (f) prohibit, regulate or restrict the use of registered boats for recreational fishing; (g) require and regulate the application or affixing of marks or other distinguishing features to devices and equipment used for or in connection with fishing activities; (h) prescribe and regulate the devices and equipment to be installed in or carried on boats used for fishing activities; (i) prohibit, restrict or regulate the carrying or possession of devices; (j) require and provide for the registration of devices; (k) prescribe methods for determining the size or weight of fish or other aquatic resources; (l) restrict or regulate the treatment, handling, storage, movement or dealing by persons engaged in fishing activities of or with fish or other aquatic resources taken in the course of those fishing activities; (m) regulate fishing competitions; (n) require persons engaged in fishing activities of a prescribed class to provide returns relating to those fishing activities and any matters ancillary or incidental to or connected with those fishing activities and make provision for the form and lodgment of the returns. (3) The Governor may only make regulations relating to aboriginal traditional fishing on the recommendation of the Minister. (4) The Minister may recommend the making of regulations relating to aboriginal traditional fishing if— (a) the Minister is satisfied that the regulations are necessary or desirable for the purpose of giving effect to an aboriginal traditional fishing management plan made with a native title group under Part 6 Division 2; and (b) the regulations are, in the opinion of the Minister, consistent with the plan and the indigenous land use agreement under which the plan was made; and (c) the Minister has consulted the native title group and given due consideration to any comments made by the group in relation to the regulations. 129—Regulations relating to processing of aquatic resources (1) The Governor may make regulations for the regulation of processing of aquatic resources and matters ancillary or incidental to or connected with such processing, and, without limiting the generality of the foregoing, may by such regulations— (a) prescribe the records to be kept by fish processors; (b) require fish processors to provide returns relating to the processing of aquatic resources and any matters ancillary or incidental to or connected with such processing; (c) regulate the manner in which and the means by which aquatic resources may be delivered, consigned or transported for processing; (d) regulate the manner in which aquatic resources are received and stored by fish processors, including the labelling of receptacles in which they are received and stored and the treatment of and dealing with processed aquatic resources; (e) prohibit or restrict the sale, purchase, possession or control by fish processors of aquatic resources of a prescribed class; (f) prohibit or regulate the use of boats in relation to the storage, processing, treatment of and dealing with aquatic resources; (g) provide for the issue of seals and other marks for the labelling, and packages for the consignment, of processed aquatic resources; (h) empower fisheries officers to take samples of any products of aquatic resources of a prescribed class for the purpose of analysis and provide that no compensation is payable for the taking of such samples. (2) Regulations made under subsection (1)(e) may prescribe a class of aquatic resources comprised of or including aquatic resources taken elsewhere than in waters to which this Act applies. 130—Regulations relating to control of exotic aquatic organisms and disease The Governor may make regulations for the control of exotic aquatic organisms and the prevention, control and eradication of disease in aquatic resources, and, without limiting the generality of the foregoing, may by such regulations— (a) require a person who carries on aquaculture or keeps aquatic resources to notify the Minister, the Director or a prescribed authority of the occurrence of disease or symptoms of disease in the aquatic resources farmed or kept by that person; (b) prohibit, restrict or regulate the bringing into the State or possession or control of aquatic resources that may be affected by disease; (c) require a person who carries on aquaculture or keeps aquatic resources to provide returns relating to that activity and any matters ancillary or incidental to or connected with that activity; (d) regulate the disposal of water in which exotic aquatic organisms have been kept; (e) prescribe the powers of fisheries officers for the detection, prevention, elimination or control of disease in aquatic resources; (f) prescribe and provide for the measures to be taken and the powers of the Minister, the Director and other fisheries officers for the recovery, eradication or containment of exotic fish or other aquatic resources that have been released or have escaped into any waters, or exotic aquatic plants that have been deposited into any waters, or for the treatment of waters contaminated by water in which exotic aquatic organisms have been kept. Division 3—Review of Act 131—Review of Act by Minister (1) The Minister must cause a review of the operation of this Act to be conducted and a report on the results of the review to be submitted to him or her. (2) The review must be undertaken after the tenth anniversary of the commencement of this Act and the report must be submitted to the Minister before the twelfth anniversary of that commencement. (3) The Minister must, within 12 sitting days after receiving the report under this section, cause copies of the report to be laid before both Houses of Parliament.