FISHERIES ACT 1988
NORTHERN TERRITORY OF AUSTRALIA
FISHERIES ACT 1988
As in force at 10 December 2022
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
2A Objects ............................................................................................ 1
2B Aboriginal rights, interests and resources of significance ................ 2
3 Repeals ........................................................................................... 2
4 Interpretation ................................................................................... 3
4A Application of Criminal Code ........................................................... 9
Part 2 Administration
5 Director of Fisheries ........................................................................ 9
6 Delegation ..................................................................................... 10
7 Fisheries Officers........................................................................... 10
7A Fisheries Inspectors ...................................................................... 10
8 Identity cards ................................................................................. 11
8A Return of identity card ................................................................... 11
9 Registers ....................................................................................... 11
9A Registration of third party interests ................................................ 12
9B Notice to registered third party interest holder ............................... 14
Part 2A Licences, permits and vessel registration
Division 1 Requirement for licence or permit
10 Requirement for licence ................................................................. 14
11 Requirement for permit .................................................................. 16
Division 2 Licences and permits
12 Licence allocation for new fishery .................................................. 19
13 Applying for and granting licence or permit ................................... 19
14 Conditions of licence or permit ...................................................... 19
15 Term of licence or permit ............................................................... 21
16 Expiry and renewals ...................................................................... 21
16A Transfer of licence ......................................................................... 22
16B Restriction on licensee performing fishing operations ................... 23
16C Licence not personal property ....................................................... 23
17 Special permits .............................................................................. 23
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Fisheries Act 1988 ii
Division 3 Approved operators and persons in charge
17A Approved operators ....................................................................... 24
17B Fit and proper person test.............................................................. 25
17C Identity card ................................................................................... 25
17D Revocation of approval .................................................................. 26
17E Appointment of approved operator to be person in charge of
fishing operations .......................................................................... 26
17F Production of identity card ............................................................. 27
17G Offence if person in charge not appointed ..................................... 27
17H Liability of person in charge for offences by others........................ 28
17J Liability of licensee for offences by approved operator and
others ............................................................................................ 28
Division 4 Registration of vessels
17K Requirement for registration of fishing vessels .............................. 29
18 Registration of fishing vessels ....................................................... 30
19 Tender vessels .............................................................................. 30
Division 5 Cancellation or suspension of licence, permit
or registration
20 Cancellation or suspension by court order..................................... 31
20A Cancellation or suspension by Director ......................................... 32
20B Cancellation of vessel registration if licence or permit
cancelled ....................................................................................... 32
20C Surrender of licence or permit ....................................................... 32
Division 6 Administrative provisions
20D Ministerial guidelines ..................................................................... 32
20E Form of application ........................................................................ 33
20F Notice of decision .......................................................................... 33
20G Grant of licence may be noted on existing licence......................... 33
Part 3 Fishery management plans
21 Purposes of Part ............................................................................ 34
22 Management areas and managed fisheries .................................. 34
23 Director to prepare proposed management plans ......................... 34
24 Fisheries management advisory committees................................. 35
25 Procedure in relation to management plans .................................. 35
25A Amendments to management plans .............................................. 36
26 Minister may make emergency amendments to management
plans .............................................................................................. 36
27 Management plans enforceable as regulations ............................. 37
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Fisheries Act 1988 iii
Part 4 Control and enforcement
Division 1 Powers of Minister
28 General power of Minister.............................................................. 38
29 Minister may impose emergency restrictions ................................. 39
Division 2 Powers of Fisheries Officers
30 Powers of entry and examination .................................................. 40
31 Search ........................................................................................... 41
32 General matters relating to powers of Fisheries Officers ............... 42
33 Powers of seizure .......................................................................... 44
33A Release or forfeiture of things seized or proceeds of sale ............. 45
33B Protection from liability .................................................................. 45
33C Powers of Fisheries Officers in relation to permit offences ............ 46
Division 3 Records and returns
34 Records and returns ...................................................................... 46
34A Movement of fish without proper documents prohibited ................ 48
35 Offence not to keep or supply records ........................................... 49
35A Misleading information ................................................................... 49
36 Unauthorised disclosure of confidential information ...................... 50
Division 4 Offences
37 Continuing offence......................................................................... 51
38 Regulatory offences....................................................................... 51
39 Obstruction of authorised officers .................................................. 52
40 Liability of owner or person in control of registered vessel for
illegal use of vessel, fishing gear or equipment ............................. 53
40A Failure of licensee or vessel owner to notify change of address
for service ...................................................................................... 53
40B Unauthorised trafficking in or possession of fish of priority
species .......................................................................................... 53
41 Falsely identifying fish or aquatic life for sale................................. 55
42 Buying, selling or possessing fish or aquatic life taken illegally ..... 55
43 Offences relating to aquaculture .................................................... 55
43A Time for commencing prosecution................................................. 57
44 Averments and evidence ............................................................... 57
45 Liability of directors ........................................................................ 59
45A Court may order payment for permit offences ............................... 59
45B Court may order payment of costs of storage of things seized ...... 59
46 Court may order forfeiture.............................................................. 60
Division 4A Infringement notice offences
46A Infringement notice offence and prescribed amount payable ........ 60
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Fisheries Act 1988 iv
46B When infringement notice may be given ........................................ 60
46C Contents of infringement notice ..................................................... 61
46D Payment by cheque ....................................................................... 62
46E Withdrawal of infringement notice.................................................. 62
46F Application of Division ................................................................... 62
Division 4B Confiscation offences
46G Application of Division ................................................................... 63
46H Contravention notice ...................................................................... 63
46J Seized property to be held by Director .......................................... 64
46K Application by alleged offender or owner to Court in relation to
contravention notice ...................................................................... 64
46L Application by Director to Court in relation to contravention
notice ............................................................................................. 65
46M How Court deals with matter.......................................................... 65
46N Relationship with other seizure powers ......................................... 65
Division 5 Regulations
47 Regulations.................................................................................... 65
48 Special Regulations relating to aquaculture................................... 68
49 Management plans and certain notices to have status of
regulations ..................................................................................... 69
Part 5 Miscellaneous matters
Division 1 Review of decisions
50 Review of decision made by delegate ........................................... 69
50A Review by Tribunal ........................................................................ 70
Division 2 Other matters
51 Fishing Industry Research and Development Trust Fund .............. 71
52 Fishing Industry Research and Development Trust Fund
advisory committee ........................................................................ 71
54 Research and development of fisheries ........................................ 72
55 Crown land leases for aquaculture ................................................ 72
56 Conversion factors for greenweight of fish..................................... 73
57 Acquisition on just terms ................................................................ 73
Part 6 Fisheries arrangements
Division 1 Joint Authorities
58 Powers and functions of Minister ................................................... 74
59 Judicial notice ................................................................................ 74
60 Functions of Joint Authority ........................................................... 74
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Fisheries Act 1988 v
61 Delegation ..................................................................................... 74
62 Procedure of Joint Authority .......................................................... 76
63 Report of Joint Authority ................................................................ 76
Division 2 Arrangements with respect to the
management of fisheries
Subdivision 1 General matters
63A Definition........................................................................................ 76
64 Arrangements for management of fisheries ................................... 76
64A Variation and termination of arrangements .................................... 77
65 Application of this Act to fisheries in accordance with
arrangements ................................................................................ 77
66 Functions, powers and objects of Joint Authority........................... 78
67 Joint Authority to exercise certain powers instead of Director ....... 78
68 Application of provisions relating to offences ................................. 79
69 Presumption relating to certain statements ................................... 79
70 Regulations and notices ................................................................ 80
Subdivision 2 Joint Authority fishery management plans
70A Joint Authority to prepare management plans ............................... 80
70B Fisheries management advisory committees................................. 81
70C Procedure in relation to management plans .................................. 81
70D Amendments to management plans .............................................. 82
70E Joint Authority may make emergency amendments to
management plans ........................................................................ 82
Part 7 Transitional matters for Fisheries Act 1988
71 Savings and transitional ................................................................ 83
Part 8 Transitional matters for Fisheries
Legislation Amendment Act 2016
72 Definitions ...................................................................................... 84
73 Offence provisions – before and after commencement ................. 85
74 Licences, permits and vessel registration ...................................... 85
75 Pending applications ..................................................................... 85
76 Pending reviews by Director .......................................................... 86
77 Pending reviews by Local Court .................................................... 86
78 Identity cards ................................................................................. 87
79 Register ......................................................................................... 87
80 Pending applications for registration of third party interests .......... 87
81 Management plans ........................................................................ 87
82 Fishing Industry Research and Development Fund ....................... 87
83 Fishing Industry Research and Development Fund advisory
committee ...................................................................................... 88
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Fisheries Act 1988 vi
Schedule 1 Acts repealed
Schedule 2 Matters that may be provided for in a
management plan
Schedule 3 Reviewable decisions
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 10 December 2022
____________________
FISHERIES ACT 1988
An Act to provide for the regulation, conservation and management of
fisheries and fishery resources so as to maintain their sustainable
utilisation, to regulate the sale and processing of fish and aquatic life,
and for related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Fisheries Act 1988.
2 Commencement
This Act shall come into operation on 14 December 1988.
2A Objects
(1) The objects of this Act are:
(a) to manage the aquatic resources of the Territory in
accordance with the principles of ecologically sustainable
development; and
(ab) to protect the environment, people and economy of the
Territory from the introduction and spread of aquatic noxious
species and diseases; and
(ac) to acknowledge the rights and interests of Aboriginal people
and resources of significance to Aboriginal people referred to
in section 2B(1) and to promote opportunities for Aboriginal
people to benefit economically from aquatic resources; and
(b) to maintain a stewardship of aquatic resources that promotes
fairness, equity and access to aquatic resources by all
stakeholder groups, including:
(i) Aboriginal people; and
(ii) the commercial fishing, aquaculture and fishing tourism
industries; and
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Part 1 Preliminary matters
Fisheries Act 1988 2
(iii) amateur fishers; and
(iv) others with an interest in the aquatic resources of the
Territory; and
(c) to promote the optimum utilisation of aquatic resources to the
benefit of the community.
(2) Any person or body engaged in the administration, operation or
enforcement of this Act must take into account the objects of this
Act when exercising their powers and performing their duties.
2B Aboriginal rights, interests and resources of significance
(1) For this Act, the following rights, interests and resources of
significance are acknowledged:
(a) the rights and interests of traditional owners granted under the
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth);
(b) the rights and interests of holders of native title rights
recognised or capable of recognition under the Native Title
Act 1993 (Cth);
(c) the cultural and spiritual significance of aquatic resources to
Aboriginal people in accordance with Aboriginal tradition.
Note for subsection (1)(c)
The term Aboriginal tradition is defined in the Aboriginal Land Rights (Northern
Territory) Act 1976 (Cth).
(2) Unless expressly provided otherwise, nothing in this Act derogates
or limits the right of Aboriginal people who have traditionally used
the resources of an area of land or water in a traditional manner to
continue to use those resources in that area in that manner.
(3) Despite subsection (2), the right to continue to use an area of land
or water in a traditional manner does not authorise a person to:
(a) enter an area used for aquaculture; or
(b) interfere with or remove fish or aquatic life from fishing gear
that is the property of another person; or
(c) engage in a commercial activity.
3 Repeals
The Acts listed in Schedule 1 are repealed.
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Part 1 Preliminary matters
Fisheries Act 1988 3
4 Interpretation
(1) In this Act:
acting in an official capacity, in relation to an authorised officer,
means the officer is exercising powers or performing functions
under, or otherwise related to the administration of, this Act.
alleged offender, see section 46H.
amateur fishing means fishing for fish or aquatic life otherwise
than for sale.
approved means approved by the Director.
approved operator means a person approved under section 17A.
aquaculture includes the farming, culturing, or breeding of fish or
aquatic life for the purposes of trade, business, or research.
aquatic life means any species of plant or animal life (except
species of birds) which, at any time of the life history of the species,
must inhabit water, and includes the plant or animal at any stage of
its life history, and also includes any part of such plant or animal,
but does not include fish, or aquatic life declared by the Minister by
notice in the Gazette to be aquatic life to which this Act does not
apply.
arrangement means an arrangement made under Part 6 by the
Territory with the Commonwealth whether or not it is also made
with a State.
Australian fishing zone means the Australian fishing zone as
defined by the Commonwealth Act.
authorised officer means the Director, a Fisheries Officer or a
Fisheries Inspector.
coastal waters, in relation to the Territory, has the same meaning
as it has in the Commonwealth Act.
Commonwealth Act means the Fisheries Management Act 1991
(Cth) or any Act in substitution for that Act.
Commonwealth Minister means the Minister for the time being
administering the Commonwealth Act or other Minister exercising
powers and performing functions pursuant to section 60 of the
Commonwealth Act.
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Fisheries Act 1988 4
confiscation offence means an offence prescribed by regulation
for Part 4, Division 4B.
container includes a cupboard, drawer, chest, trunk, box, cage,
package or other receptacle.
contravention notice, see section 46H.
corporation has the same meaning as in the Corporations
Act 2001.
Crown lands has the same meaning as in the Crown Lands
Act 1992.
delegate decision, see section 50(1).
Director means the Director of Fisheries appointed under
section 5, and includes a person who is acting in or performing the
duties of the office of Director of Fisheries.
ecologically sustainable development means using, conserving
and enhancing the community's resources so that ecological
processes, on which life depends, are maintained and the total
quality of life, now and in the future, can be increased.
electric fishing device means a device, engine, or machine
designed or used for the taking or killing by means of electric
current of any species of fish or aquatic life or for the production of
electronarcosis of any species of fish or aquatic life.
fish means any species or class of fish including crustaceans,
echinoderms, and molluscs, and includes an aquatic animal (except
a species of bird) declared by the Minister by notice in the Gazette
to be a fish for the purposes of this Act, and also includes:
(a) an egg, fry, spat, or larva of a fish;
(b) the dead body, or a part of the dead body, of a fish; and
(c) the shell or exoskeleton, or a part of the shell or exoskeleton,
of a crustacean, echinoderm, or mollusc.
Fisheries Inspector means a person appointed to be a Fisheries
Inspector under section 7A.
Fisheries Officer means a person appointed or declared to be a
Fisheries Officer under section 7.
fishery means one or more stocks or parts of stocks or one or
more species, habitats, or locations of fish or aquatic life that can
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Fisheries Act 1988 5
be treated as a unit for the purposes of conservation or
management, and includes a fishery referred to by the identifiers
specified in subsection (2).
fishery management area or management area means an area
so declared pursuant to section 22.
fishery management plan or management plan means a
management plan under Part III for a fishery.
fishing means the catching, taking, or harvesting of fish or aquatic
life and includes any other activity which may reasonably be
expected to result in the catching, taking, or harvesting of fish or
aquatic life and also includes any action taken in support of or in
preparation for an activity specified in this definition.
fishing gear includes a net, line, pot, apparatus, device or thing
capable of being used in fishing.
fishing monitoring means the monitoring of fishing, including by
the use of fishing monitoring equipment.
fishing monitoring equipment means equipment, including
electronic equipment, whether or not fitted to a vessel:
(a) to detect when and where fishing from a vessel occurs; and
(b) to record catch information.
Examples for definition fishing monitoring equipment
1 Sensors.
2 A digital video camera.
3 A computer system.
fishing operations means any operations that are authorised to be
conducted, or any other thing that is authorised to be done, under a
licence or permit.
fit and proper person, see section 17B.
foreign boat means a vessel that is not an Australian boat within
the meaning of the Commonwealth Act.
infringement notice, see section 46B.
infringement notice offence, see section 46A(1).
Joint Authority means a Joint Authority in existence for the
purposes of Part 5 of the Commonwealth Act that includes the
Minister as a member.
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Fisheries Act 1988 6
Joint Authority fishery means a fishery in respect of which there
is in force an arrangement under which the fishery is to be under
the management of a Joint Authority.
landed means:
(a) if the fish have been taken without the use of a vessel – taken;
and
(b) if the fish have been taken with the use of a vessel – put
ashore at or trans-shipped at a wharf, jetty, pontoon or place,
as may be prescribed or as may be specified in a
management plan.
licence means an approved licence currently in force granted
under this Act or, as the context requires, a licence document
issued as a consequence of the grant of a licence.
licensee means the holder of a licence and includes a person who
holds a permit.
licensee's record book means a record of information required by
the Director to be kept by a licensee under section 34.
managed fishery means a fishery declared to be a managed
fishery under section 22.
management area, see fishery management area.
management plan, see fishery management plan.
Ministerial guidelines means guidelines made by the Minister
under section 20D.
noxious species means fish or aquatic life that is prescribed by
regulation to be a noxious species.
owner, in relation to a vessel, vehicle, gear, or equipment, means a
person who has a right to the possession of that vessel, vehicle,
gear, or equipment, whether or not that right is subject to the right
of another person, but a person shall not be held to be the owner of
a vessel, vehicle, gear, or equipment by reason only that the person
was in command or charge of it.
permit means an approved permit currently in force granted under
this Act or, as the context requires, a permit document issued as a
consequence of the grant of a permit.
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Fisheries Act 1988 7
permit offence means:
(a) an offence against section 11(2), (3), (4), (5), (6) or (7); or
(b) an offence against section 14(7) for contravention of a
condition of a permit.
person includes a partnership.
person in charge, of fishing operations under a licence or permit,
means a person appointed under section 17E in relation to those
fishing operations.
plant, in relation to aquatic life, includes seaweeds, sea-grasses,
and algae.
possession means possession of or control over any fish or
aquatic life or possession of or control over a vessel, vehicle or
other conveyance, fishing gear, container, thing, or place in or on
which the fish or aquatic life is found, and includes joint possession
or control.
prescribed amount, see section 46A(2).
prescribed decision means a decision of the Director under a
prescribed provision of the Regulations or a management plan.
processing includes cutting, shelling, and the use of all methods of
manufacture and preservation.
quota, allocated to a licence, means any entitlement, however
described, under a quota system, allocated or attached to the
licence.
Examples for definition quota
1 A unit entitling a licensee to take fish in a fishery for a specified period of time
during a licensing year.
2 A unit entitling a licensee to be allocated a share of total allowable catch for a
certain species group.
quota system means a system for managing a fishery, or a
designated part of a fishery, determined by reference to one or
more of the following:
(a) the quantity of fish or aquatic life, or a designated species or
type of fish or aquatic life, that may be taken;
(b) the amount of fishing gear that may be used;
(c) the amount of time that may be spent fishing;
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Fisheries Act 1988 8
(d) the number of vessels that may be used for fishing;
(e) the number of persons that may engage in fishing;
(f) any other matter.
registered, in relation to the registration of vessels, means
registered under this Act.
registered third party interest means a third party interest
registered under section 9A.
relevant instrument, for Part 6, Division 2, see section 63A.
sale includes every method of disposition for valuable
consideration, including barter, and includes the disposition to an
agent for sale on consignment, and also includes offering or
attempting to sell, or receiving or having in possession for sale, or
exposing for sale, or sending or delivering for sale, or causing or
permitting to be sold, offered, or exposed for sale, and also includes
disposal by way of raffle, lottery, or other game of chance.
taking means fishing.
tender vessel means a vessel that is carried by, or attached to,
another vessel for the purpose of supporting fishing.
third party interest means an interest held in a licence, or quota
allocated to a licence, as security for the payment or repayment of
money.
trans-ship at sea does not include:
(a) trans-ship at a wharf, jetty, pontoon or prescribed place; or
(b) trans-ship from a tender vessel to the vessel to which it is a
tender vessel.
UTM position means a position determined by using Universal
Transverse Mercator (UTM) grid co-ordinates, which are grid
co-ordinates determined by projecting global sections onto a flat
surface to measure the position of specific zones or areas.
vessel includes every description of craft, vessel, hovercraft,
aircraft, or other thing, of whatever size, that is capable of being
used in fishing.
vessel monitoring means the monitoring of vessels, including by
the use of a vessel monitoring system.
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Part 2 Administration
Fisheries Act 1988 9
vessel monitoring system means an electronic device that is
fitted to a vessel to give information about the vessel's course or
position, or similar information.
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be
relevant to this Act.
(2) Without limiting the matters by reference to which a fishery
(including a fishery subject to an arrangement) may be identified,
those matters may include:
(a) a description of fish or aquatic life by reference to sex, size,
age, or another characteristic;
(b) an area of waters or seabed;
(c) a method of fishing;
(d) a kind or class of vessel;
(e) a class of persons; or
(f) a purpose of activities,
or all or a combination of those matters.
4A Application of Criminal Code
(1) Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for subsection (1)
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
(2) However, Part IIAA of the Criminal Code does not apply to an
offence against the Regulations or a management plan unless the
Regulations or plan state otherwise.
Part 2 Administration
5 Director of Fisheries
(1) The Minister may appoint a person to be the Director of Fisheries.
(2) The Minister shall cause notice of an appointment made under
subsection (1) to be published in the Gazette.
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Fisheries Act 1988 10
(3) Subject to the directions of the Minister, the Director is responsible
for the general administration of this Act.
6 Delegation
(1) The Minister may delegate any of the Minister's powers or functions
under this Act (other than a power under section 26, 28 or 29) to a
person.
(2) The Director may delegate any of the Director's powers or functions
under this Act to a person.
7 Fisheries Officers
(1) The Minister may appoint such persons as the Minister thinks fit to
be Fisheries Officers.
(2) The Director is a Fisheries Officer.
(3) Every police officer is a Fisheries Officer.
(4) A Fisheries Officer who is carrying out functions and duties under
this Act has, in addition to the other powers conferred on a
Fisheries Officer under this Act, all the powers and protection of a
police officer with the rank of constable.
(5) A reference in any law in force in the Territory to a police officer
with the rank of constable, or a reference that includes such a
reference, includes a reference to a Fisheries Officer acting in the
execution of the Officer's duty.
Note for section 7
A Fisheries Officer is an authorised officer for this Act – see section 4(1),
definition authorised officer.
7A Fisheries Inspectors
(1) The Minister may appoint a person to be a Fisheries Inspector.
(2) A Fisheries Inspector has:
(a) the powers and functions prescribed by regulation; and
(b) any powers and functions conferred on the Fisheries Inspector
under subsection (3).
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(3) The Minister may, by Gazette notice, confer additional powers or
functions on a specified Fisheries Inspector or class of Fisheries
Inspector.
Note for section 7A
A Fisheries Inspector is an authorised officer for this Act – see section 4(1)
definition authorised officer.
8 Identity cards
(1) The Director must give a Fisheries Officer appointed under
section 7(1), or a Fisheries Inspector, an identity card stating the
person's name and that the person is a Fisheries Officer or
Fisheries Inspector.
(2) The identity card must:
(a) show a recent photograph of the Fisheries Officer or Fisheries
Inspector; and
(b) show the card's date of issue and expiry; and
(c) be signed by the Officer or Inspector.
(3) This section does not prevent the issue of a single identity card to a
person for this and another Act.
(4) The production by a Fisheries Officer or Fisheries Inspector of a
current identity card, or evidence that a Fisheries Officer is a police
officer, is, until the contrary is proved, sufficient authority to do
anything that the Officer or Inspector is authorised by or under this
Act to do.
8A Return of identity card
(1) A person who ceases to be a Fisheries Officer or Fisheries
Inspector must return the person's identity card to the Director
within 21 days after the cessation.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
9 Registers
(1) The Director must keep a register or registers that contain
particulars of the following:
(a) the holders of licences and permits;
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Fisheries Act 1988 12
(b) the grant, renewal, variation, transfer, expiry, suspension or
cancellation of rights, licences, registrations, permits, quotas
or other authorities required or granted under this Act;
(c) approved operators and the period for which they have been
approved;
(d) the appointment of an approved operator to be the person in
charge of fishing operations under a licence or permit and, if
the appointment is for part of the operations only, the part for
which they are appointed;
(e) the name or identifying number of each registered vessel and
the owners of those vessels;
(f) any registered third party interests.
(2) A person may, on payment of the prescribed fee, if any, examine or
obtain a copy of so much of a register kept under subsection (1) as
contains the following information:
(a) the names and business addresses of:
(i) the holders of licences and permits; or
(ii) approved operators; or
(iii) persons who hold a registered third party interest;
(b) the type of licence or permit:
(i) held by a person; or
(ii) in relation to which an approved operator is appointed to
be the person in charge of fishing operations; or
(iii) in the case of a licence, in relation to which there is any
registered third party interest;
(c) the name or identifying number of each registered vessel and
the name and business address of its owner;
(d) other information prescribed by the Director by Gazette notice.
9A Registration of third party interests
(1) A person who holds a third party interest in a licence, or quota
allocated to a licence, may apply, in the approved form
accompanied by the prescribed fee, to the Director to register the
third party interest.
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(2) Within 28 days after receiving the application, the Director must:
(a) give the applicant written notice that the application has been
received; and
(b) give the licensee written notice that:
(i) the application has been received; and
(ii) the licensee may, within 28 days after the date of the
notice, lodge with the Director a written objection to the
registration of the third party interest.
(3) If the Director receives an objection in accordance with
subsection (2)(b)(ii), the Director must not register the third party
interest unless the objection is subsequently withdrawn in writing by
the licensee.
(4) If the Director:
(a) does not receive an objection in accordance with
subsection (2)(b)(ii); or
(b) receives an objection in accordance with subsection (2)(b)(ii)
that is subsequently withdrawn in accordance with
subsection (3),
the Director must register the third party interest.
(4A) A third party interest is registered by entering the particulars of the
interest in the appropriate register kept under section 9(1).
(5) If an application is made under this section, the Director must not
approve the transfer of the licence under section 16A, or the
transfer of the quota, until the Director has registered or refused to
register the third party interest, even if the application for approval
was received before the application for registration was received.
(6) The Director must remove from a register kept under section 9(1)
particulars of a third party interest:
(a) if requested to do so in writing by the person who holds the
third party interest; or
(b) if requested to do so in writing by the licensee in whose
licence or quota the third party interest is held and the person
who holds the third party interest has consented in writing to
the removal.
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9B Notice to registered third party interest holder
(1) This section applies if:
(a) a third party interest in a licence, or quota allocated to a
licence, has been registered; and
(b) the Director:
(i) receives an application relating to the transfer of the
licence or quota; or
(ii) proposes to suspend or cancel the licence or quota.
(2) The Director must notify the holder of the registered third party
interest before processing the application or suspending or
cancelling the licence or quota.
Part 2A Licences, permits and vessel registration
Division 1 Requirement for licence or permit
10 Requirement for licence
(1) A licence may authorise a person to do one or more of the following
things:
(a) take fish or aquatic life:
(i) for sale; or
(ii) for the purpose of aquaculture; or
(iii) for the purpose of exhibiting them for profit;
(b) undertake aquaculture;
(c) sell live fish or aquatic life;
(d) process for sale or sell dead fish or aquatic life;
(e) exhibit fish or aquatic life for profit;
(f) any other thing prescribed by regulation or a management
plan as being able to be done only under a licence.
(2) A person commits an offence if the person:
(a) takes fish or aquatic life with the intention of using it for a
purpose mentioned in subsection (1)(a); and
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Fisheries Act 1988 15
(b) is not authorised by a licence to take the fish or aquatic life for
that purpose.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(3) A person commits an offence if the person:
(a) intentionally undertakes aquaculture; and
(b) is not authorised by a licence to do so.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(4) A person commits an offence if:
(a) the person intentionally sells a thing; and
(b) the thing is live fish or aquatic life and the person is reckless in
relation to that circumstance; and
(c) the person is not authorised by a licence to sell the thing.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(5) A person commits an offence if:
(a) the person intentionally processes for sale or sells a thing; and
(b) the thing is dead fish or aquatic life and the person is reckless
in relation to that circumstance; and
(c) the person is not authorised by a licence to process for sale or
sell the thing.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(6) A person commits an offence if:
(a) the person intentionally exhibits a thing for profit; and
(b) the thing is fish or aquatic life and the person is reckless in
relation to that circumstance; and
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Fisheries Act 1988 16
(c) the person is not authorised by a licence to exhibit the fish or
aquatic life for profit.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(7) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct is prescribed by regulation or a management plan
as being able to be done only under a licence and the person
is reckless in relation to that circumstance; and
(c) the person is not authorised by a licence to engage in the
conduct.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(8) Strict liability applies to subsections (2)(b), (3)(b), (4)(c), (5)(c),
(6)(c) and (7)(c).
(9) This section does not apply to a person who does a thing of a kind
prescribed by a regulation or management plan for this subsection.
11 Requirement for permit
(1) A permit may authorise a person to do one or more of the following
things:
(a) bring into or release in, or cause to be brought into or released
in, the Territory live fish or aquatic life;
(b) possess or sell noxious species;
(c) cause or permit a shock, sound or other vibration, whether by
percussion, the use of an explosive or otherwise;
(d) use an electric fishing device;
(e) introduce a dangerous substance into waters of the Territory;
(f) any other thing prescribed by regulation or a management
plan as being able to be done only under a permit.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
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(b) the conduct results in live fish or aquatic life being brought into
or released in the Territory and the person is reckless in
relation to the result; and
(c) the person is not authorised by a permit to bring into or
release in, or cause to be brought into or released in, the
Territory the fish or aquatic life.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
(3) A person commits an offence if:
(a) the person intentionally possesses or sells a thing; and
(b) the thing is a noxious species and the person is reckless in
relation to that circumstance; and
(c) the person is not authorised by a permit to possess or sell the
thing.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
(4) A person commits an offence if:
(a) the person intentionally causes or permits a shock, sound or
other vibration, whether by percussion, the use of an explosive
or otherwise; and
(b) a result of the shock, sound or vibration is, or may be, that fish
or aquatic life is stunned, injured, killed or detrimentally
affected and the person is reckless in relation to the result;
and
(c) the person is not authorised by a permit to cause or permit the
shock, sound or vibration.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
(5) A person commits an offence if the person:
(a) intentionally uses an electric fishing device; and
(b) is not authorised by a permit to do so.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
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(6) A person commits an offence if:
(a) the person intentionally introduces directly or indirectly a
substance into waters of the Territory; and
(b) the substance is a dangerous substance and the person is
reckless as to that circumstance; and
(c) a result of the conduct mentioned in paragraph (a) is, or may
be, that:
(i) fish or aquatic life are stunned, injured, killed or
detrimentally affected; or
(ii) the habitats, food or spawning grounds of fish or aquatic
life are detrimentally affected; and
(d) the person is reckless in relation to the result; and
(e) the person is not authorised by a permit to introduce the
substance into waters of the Territory.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
Note for subsection (6)
Section 37 provides for an additional penalty for a continuing offence against this
subsection.
(7) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct is prescribed by regulation or a management plan
as being able to be done only under a permit and the person
is reckless as to that circumstance; and
(c) the person is not authorised by a permit to engage in the
conduct.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(8) Strict liability applies to subsections (2)(c), (3)(c), (4)(c), (5)(b),
(6)(e) and (7)(c).
(9) In this section:
dangerous substance means:
(a) a substance that is poisonous, toxic, narcotic or noxious; or
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Division 2 Licences and permits
Fisheries Act 1988 19
(b) any other substance that, if introduced into waters of the
Territory, may have a result mentioned in subsection (6)(c).
introduce includes cast, place, discharge or allow to fall, flow or
percolate or be carried by wind, tide or current.
substance includes heavy metal and solid debris.
Division 2 Licences and permits
12 Licence allocation for new fishery
The Director must determine an open and public process for:
(a) the allocation of licences for a new fishery; and
(b) if an existing fishery is expanded – the allocation of additional
licences and the review of the conditions of existing licences,
for the fishery.
13 Applying for and granting licence or permit
(1) A person may apply to the Director for a licence or permit.
(2) After considering the application, the Director may grant a licence
or permit to the applicant if satisfied that:
(a) the sustainability of the fisheries would not be jeopardised by
the grant; and
(b) any requirements or matters prescribed by regulation as being
relevant to an application for the type of licence or permit to
which the application relates have been satisfied; and
(c) it is otherwise appropriate to do so, taking into consideration
any Ministerial guidelines and any other matters the Director
considers relevant.
(3) If the Director is not satisfied as mentioned in subsection (2), the
Director must refuse to grant the licence or permit.
14 Conditions of licence or permit
(1) A licence or permit may be granted subject to conditions imposed
by the Director relating to any of the following:
(a) areas;
(b) species;
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(c) quantities;
(d) methods;
(e) the use or non-use of vessels and the specific vessel or types
of vessels that may be used;
(f) types and amounts of fishing gear;
(g) harvesting or handling;
(h) specific ports or places where fish or aquatic life may be
landed;
(i) periods of time;
(j) fishing monitoring and vessel monitoring;
(k) any other matter the Director considers appropriate.
(2) However, the conditions to which a licence is subject must be
substantially the same for all licences for any management area or
Joint Authority fishery or in respect of the same class or species of
fish or aquatic life unless the Director is satisfied, on specified
grounds, that different conditions are reasonable.
(3) A condition imposed under subsection (1) must be stated on the
licence or permit.
(4) A licence or permit is also subject to any conditions prescribed by
regulation.
(5) The Director may from time to time, by written notice to a licensee,
vary or revoke the conditions of the licence or permit or impose new
conditions.
(6) The Director may require a licensee to return the licence or permit
and, if so, the Director must issue a substitute licence or permit
containing the conditions as varied or imposed.
(7) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a condition of a
licence or permit.
Maximum penalty: 200 penalty units.
(8) Strict liability applies to subsection (7)(b).
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15 Term of licence or permit
(1) A licence may be granted for a period of not more than 10 years.
(2) However, a licence relating to aquaculture may be granted for the
period the Director thinks fit, including a period related to the term
of a lease.
(3) A permit may be granted for a period of not more than 5 years.
(4) The fee payable in respect of a licence or permit granted for more
than 1 year may be paid in annual instalments, each instalment
being paid before each anniversary of the date it was granted.
16 Expiry and renewals
(1) Subject to this Act, the Regulations and any relevant management
plan, a licence or permit expires:
(a) at the end of the period for which it was granted; or
(b) if an annual instalment of the licence or permit fee is not paid,
at the end of the last year in respect of which instalments have
been paid.
(2) A person may apply to the Director for renewal of a licence or
permit before the expiry of the licence or permit or, subject to
subsection (3), after the expiry.
(3) The Director may receive and process an application for the
renewal of a licence or permit at any time within 5 months after the
expiry of the licence or permit.
(4) If the Director receives an application under subsection (3), the
licence or permit is taken not to expire until the earlier of the
following:
(a) the day 5 months after the expiry of the licence or permit;
(b) the day a decision is made on the application.
(4A) Despite subsection (4), the licence or permit does not authorise any
fishing operations, other than the possession of fishing gear, from
the day of its expiry until it is renewed.
Note for subsection (4A)
The applicant is allowed to be in possession of fishing gear that is prohibited
without a licence or permit.
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(5) The Director must renew the licence or permit if satisfied that:
(a) the applicant has satisfied any requirements or matters
prescribed by regulation as being relevant to an application for
the type of licence or permit being renewed; and
(b) it is otherwise appropriate to do so, taking into consideration
any Ministerial guidelines and any other matter the Director
considers relevant; and
(c) the licence or permit is not suspended.
(6) If the Director is not satisfied as mentioned in subsection (5), the
Director must refuse to renew the licence or permit.
16A Transfer of licence
(1) Subject to the Regulations, a relevant management plan or a
condition of a licence, a licensee may, with the approval of the
Director, transfer the licence to another person.
(2) A licensee may apply to the Director for approval to transfer the
licence.
(3) The Director may approve the transfer of the licence if satisfied that:
(a) the sustainability of the fisheries would not be jeopardised by
the transfer; and
(b) it is otherwise appropriate to do so, taking into consideration
any Ministerial guidelines and any other matter the Director
considers relevant.
(4) If the Director is not satisfied as mentioned in subsection (3), the
Director must refuse to approve the transfer.
(5) A transfer under this section may be permanent or for a fixed
period.
(6) On the transfer of a licence, the person from whom it is transferred
ceases to be the licensee and the person to whom it is transferred
becomes the licensee for this Act.
(7) If a transfer is for a fixed period, then at the expiry of that period the
person to whom the licence was transferred ceases to be the
licensee and the person from whom it was transferred becomes the
licensee for this Act.
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Division 2 Licences and permits
Fisheries Act 1988 23
16B Restriction on licensee performing fishing operations
(1) Despite section 10 or 11, a licence or permit does not authorise the
licensee to perform personally any of the fishing operations
authorised by the licence or permit unless:
(a) the licensee is an approved operator; or
(b) the licensee has the approval of the Director; or
(c) the licence or permit is of a class prescribed by regulation for
this paragraph.
(2) The Director may give approval under subsection (1)(b):
(a) subject to any conditions specified by the Director; and
(b) for the period specified by the Director; and
(c) in any manner the Director considers appropriate.
(3) The Director may revoke an approval under subsection (1)(b) at
any time by giving written notice to the licensee.
16C Licence not personal property
For section 8(1)(k) of the Personal Property Securities Act 2009
(Cth), a licence is not personal property for that Act.
Note for section 16C
A law of the Commonwealth, a State or a Territory may declare a right, licence or
authority granted by or under that law not to be personal property for the
Personal Property Securities Act 2009 (Cth).
17 Special permits
(1) A person may apply to the Director for a special permit to do one or
more of the following things for a purpose mentioned in
subsection (2):
(a) take fish or aquatic life:
(i) of all species or a species specified in the permit; or
(ii) from any waters (including waters where fishing may for
the time being be prohibited or restricted) specified in the
permit; or
(iii) during a time specified in the permit; or
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Fisheries Act 1988 24
(iv) using such fishing gear as may be specified in the permit
(whether or not the use of the fishing gear is otherwise
prohibited or restricted);
(b) possess fishing gear that the person is otherwise not
permitted to possess by or under this Act.
(2) For subsection (1), the purposes are:
(a) education, research or the carrying out of trials and
experiments with fishing vessels or fishing gear or any other
apparatus or technique that is capable of being used in
connection with the taking of fish or aquatic life; or
(b) sport or recreation in the case of a disabled person who, in the
opinion of the Director, would otherwise be unable, by reason
of the person's disability, to fish by the methods permitted by
this Act; or
(c) any other purpose approved by the Minister.
(3) After considering the application, the Director may grant a special
permit subject to any conditions the Director may, from time to time,
impose.
(4) All fish or aquatic life taken under a special permit must be
disposed of as the Director directs, or as may be specified in the
permit.
(5) A special permit granted for a purpose mentioned in
subsection (2)(a) may specify that fish taken under it may be sold.
(6) The Director may at any time revoke a special permit by giving
written notice to the holder.
(7) A person does not commit an offence against this Act if the person
does a thing in accordance with a special permit.
Division 3 Approved operators and persons in charge
17A Approved operators
(1) An individual may apply to the Director to be an approved operator.
(2) After considering the application, the Director, if satisfied the
applicant is a fit and proper person, may approve the applicant to
be an approved operator for a period of not more than 5 years.
(3) If the Director is not satisfied as mentioned in subsection (2), the
Director must refuse to approve the applicant.
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Fisheries Act 1988 25
(4) To avoid doubt, a licensee who is an individual may:
(a) apply to be an approved operator; and
(b) if approved, may be appointed under section 17E to be the
person in charge of fishing operations under the licence or
permit.
17B Fit and proper person test
An individual is a fit and proper person if the individual:
(a) is an adult; and
(b) does not hold a licence or permit, or a licence or other
authority relating to fishing under an Act of the
Commonwealth, a State or another Territory, that is currently
suspended; and
(c) has not been found guilty of an offence against this Act, or any
other Act that the Director considers relevant, in the previous
5 years; and
(d) has otherwise complied with this Act; and
(e) is otherwise a fit and proper person to be an approved
operator taking into account any matters specified in the
Ministerial guidelines.
17C Identity card
(1) The Director must give an approved operator an identity card
stating the person's name and that the person is an approved
operator.
(2) The identity card must:
(a) show a recent photograph of the approved operator; and
(b) show the card's date of issue and expiry; and
(c) be signed by the operator.
(3) A person who ceases to be an approved operator must return their
identity card to the Director within 21 days after the cessation.
Maximum penalty: 20 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
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17D Revocation of approval
The Director may revoke a person's approval to be an approved
operator if the Director considers that the person is no longer a fit
and proper person.
17E Appointment of approved operator to be person in charge of
fishing operations
(1) Subject to subsection (2), a licensee must appoint an approved
operator to be the person in charge of fishing operations under the
licence or permit.
(2) A licensee to whom section 16B(1)(b) or (c) applies is not required
to appoint an approved operator to be the person in charge of
fishing operations under the licence or permit.
(3) A licensee may cancel or vary an appointment of an approved
operator under subsection (1) at any time.
(4) Within 24 hours after appointing an approved operator or cancelling
or varying an appointment, the licensee must give the Director
notice in the approved form setting out:
(a) for an appointment:
(i) the approved operator's full name; and
(ii) the start and end date of the period for which the
operator is appointed; and
(iii) if the operator is appointed to be the person in charge of
part of fishing operations only, the part of fishing
operations in relation to which the operator is appointed;
and
(b) for a cancellation or variation, details of the cancellation or
variation.
(5) A licensee must not contravene subsection (4).
Maximum penalty: 100 penalty units.
(6) An offence against subsection (5) is an offence of strict liability.
(7) An appointment under this section may be in relation to all of the
fishing operations authorised by the licence or permit or a specified
part of those fishing operations.
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Fisheries Act 1988 27
17F Production of identity card
(1) A Fisheries Officer may require a person in charge of fishing
operations under a licence or permit to produce for inspection a
current identity card issued to the person under section 17C as an
approved operator.
(2) A person commits an offence if the person:
(a) is in charge of fishing operations under a licence or permit;
and
(b) fails to comply with a requirement under subsection (1)
immediately after the requirement is made.
Maximum penalty: 50 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
17G Offence if person in charge not appointed
(1) A licensee commits an offence if:
(a) the licensee is required under section 17E to appoint a person
in charge of fishing operations under the licence or permit; and
(b) a person engages in fishing operations under the licence or
permit and the licensee is reckless in relation to that
circumstance; and
(c) at the time the fishing operations are engaged in, there is no
person in charge of those fishing operations appointed under
section 17E.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if:
(a) a licensee is required under section 17E to appoint a person in
charge of fishing operations under the licence or permit; and
(b) the person is in charge of fishing operations under the licence
or permit; and
(c) at the time the person is in charge of fishing operations, the
person is not appointed under section 17E to be the person in
charge of those fishing operations and the person is reckless
in relation to that circumstance.
Maximum penalty: 100 penalty units.
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(3) Strict liability applies to subsections (1)(a) and (c) and (2)(a)
and (b).
17H Liability of person in charge for offences by others
(1) A person in charge of fishing operations under a licence or permit
commits an offence if:
(a) during the conduct of fishing operations under the licence or
permit, a person (the primary offender) commits an offence
against this Act (relevant offence) and the person in charge
is reckless in relation to that circumstance; and
(b) the person in charge failed to take reasonable steps to prevent
the commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed
on an individual for the relevant offence.
(2) Strict liability applies to subsection (1)(b).
(3) This section does not affect the liability of the primary offender for
the relevant offence.
(4) This section applies whether or not the primary offender is
prosecuted for, or found guilty of, the relevant offence.
(5) This section does not apply if the primary offender would have a
defence to a prosecution for the relevant offence.
(6) A person is not liable to imprisonment if found guilty of an offence
because of subsection (1) if the person would not have been found
guilty of the offence if subsection (1) had not been enacted.
(7) In determining whether a person in charge failed to take reasonable
steps as mentioned in subsection (1)(b), regard must be had to any
matters set out in the Ministerial Guidelines.
17J Liability of licensee for offences by approved operator and
others
(1) A licensee commits an offence if:
(a) an approved operator, or another person engaged in fishing
operations under the licence or permit, commits an offence
against this Act (the relevant offence) and the licensee is
reckless in relation to that circumstance; and
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Division 4 Registration of vessels
Fisheries Act 1988 29
(b) the licensee failed to take reasonable steps to prevent the
commission of the relevant offence.
Maximum penalty: The maximum penalty that may be imposed
for the relevant offence.
(2) Strict liability applies to subsection (1)(b).
(3) This section does not affect the liability of the approved operator or
other person for the relevant offence.
(4) This section applies whether or not the approved operator or other
person is prosecuted for, or found guilty of, the relevant offence.
(5) This section does not apply if the approved operator or other
person would have a defence to a prosecution for the relevant
offence.
(6) A licensee is not liable to imprisonment if found guilty of an offence
because of subsection (1) if the licensee would not have been
found guilty of the offence if subsection (1) had not been enacted.
(7) In determining whether a licensee failed to take reasonable steps
as mentioned in subsection (1)(b), regard must be had to any
matters set out in the Ministerial Guidelines.
Division 4 Registration of vessels
17K Requirement for registration of fishing vessels
(1) Subject to this Act, a person commits an offence if:
(a) the person intentionally uses a vessel, other than a foreign
boat, for any purpose in relation to which a licence or permit is
required under this Act; and
(b) the vessel is not registered and the person is reckless in
relation to that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Subject to this Act, a person commits an offence if:
(a) the person intentionally uses a vessel for any purpose in
relation to which a licence or permit is required under this Act;
and
(b) the vessel is not registered and the person is reckless in
relation to that circumstance; and
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Division 4 Registration of vessels
Fisheries Act 1988 30
(c) the vessel is a foreign boat.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsection (2)(c).
(4) The Director may, by Gazette notice, direct that subsection (1)
or (2) does not apply to a vessel used for the purposes of a licence
or permit of a type specified in the notice.
(5) A registered vessel is taken not to be registered during any period
it, or a tender vessel that is not required under section 19(2) to be
registered, is not marked in the manner prescribed by regulation.
(6) A registered vessel marked in the manner prescribed by regulation
is exempt from any other requirement of a law of the Territory to
mark the vessel.
18 Registration of fishing vessels
(1) The owner of a vessel may apply to the Director to have the vessel
registered.
(2) After considering the application, the Director may register the
vessel for a period of not more than 10 years if satisfied that:
(a) the sustainability of the fisheries would not be jeopardised by
the registration; and
(b) any requirements or matters prescribed by regulation as being
relevant to an application for registration have been satisfied;
and
(c) it is otherwise appropriate to do so, taking into consideration
any Ministerial Guidelines and any matter the Director
considers relevant.
(3) If the Director is not satisfied as mentioned in subsection (2), the
Director must refuse to register the vessel.
19 Tender vessels
(1) A tender vessel that is used, or intended to be used, for any
purpose in relation to which a licence or permit is required, either
separately or in conjunction with the vessel to which it is a tender
vessel, is a separate vessel for the purposes of registration.
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Division 5 Cancellation or suspension of licence, permit or registration
Fisheries Act 1988 31
(2) However, a tender vessel is taken to form part of the vessel to
which it is a tender vessel if:
(a) the tender vessel is used, or intended to be used, solely for
purposes other than the taking, except by trolling, of fish or
aquatic life; or
(b) for a vessel that is used for net fishing:
(i) the tender vessel is used, or intended to be used, solely
for transporting, setting, clearing and lifting nets that
form part of the gear of the vessel; and
(ii) the vessel remains, or will remain, close to where the
tender vessel is being used in that manner.
(3) The Ministerial Guidelines may specify circumstances (including
distances) in which a vessel is close to a tender vessel for
subsection (2)(b)(ii).
Division 5 Cancellation or suspension of licence, permit or
registration
20 Cancellation or suspension by court order
(1) This section applies if a court finds a licensee guilty of an offence
relating to the licence or permit or an application relating to the
licence or permit.
(2) In addition to imposing a penalty or making an order for forfeiture,
the court may do any of the following:
(a) for a licence – order the Director to:
(i) cancel the licence or any quota allocated to it; or
(ii) suspend the licence or quota for a period of up to 1 year;
(b) for a permit – order the Director to:
(i) cancel the permit; or
(ii) suspend the permit for a period of up to 1 year.
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Part 2A Licences, permits and vessel registration
Division 6 Administrative provisions
Fisheries Act 1988 32
20A Cancellation or suspension by Director
(1) If a licensee is charged with an offence relating to the licence or
permit, or to an application relating to the licence or permit, the
Director may suspend the licence or permit, or processing the
application, for a period or until the determination or withdrawal of
the charge.
(2) If a licensee is the holder of a licence or other authority relating to
fishing under an Act of the Commonwealth, a State, or another
Territory and that licence or other authority is cancelled or
suspended, the Director may cancel or suspend:
(a) a licence or permit granted to the licensee under this Act; or
(b) any quota allocated to a licence mentioned in paragraph (a).
20B Cancellation of vessel registration if licence or permit
cancelled
(1) If a licence or permit is cancelled, the registration of each vessel
used under the licence or permit is also cancelled.
(2) However, the Director must re-register each vessel if the
cancellation of the licence or permit is revoked.
(3) In addition, subsection (1) does not prevent the vessel being
registered in relation to a licence or permit held by a person other
than:
(a) the holder of the cancelled licence or permit; or
(b) a partnership or company in which the holder of the cancelled
licence or permit is a partner or has an interest.
20C Surrender of licence or permit
A licensee may surrender the licence or permit by:
(a) giving the Director written notice in the approved form; and
(b) returning the licence or permit to the Director.
Division 6 Administrative provisions
20D Ministerial guidelines
(1) The Minister may make guidelines for this Part.
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Part 3 Fishery management plans
Fisheries Act 1988 33
(2) The guidelines may apply, adopt or incorporate (with or without
changes) a matter contained in another document or instrument as
in force or existing at a particular time or from time to time.
(3) The guidelines must be published in the Gazette as soon as
practicable after they are made.
20E Form of application
(1) This section applies in relation to an application made under this
Part.
(2) The application must be made in the approved form and be
accompanied by the prescribed fee.
(3) The Director may require the applicant to give the Director any
additional information or material that the Director considers
necessary to make a proper assessment of the application.
20F Notice of decision
(1) As soon as practicable after making a decision under this Part, the
Director must give written notice of the decision to the applicant or
person to whom the decision relates.
(2) The notice must state the following:
(a) the decision and the reasons for it;
(b) any right the person to whom the notice is to be given has to
apply for a review of, or to appeal, the decision.
20G Grant of licence may be noted on existing licence
If an applicant for a licence already holds a licence, any further
grant of a licence during the term of that licence may be made by
noting the grant on the original licence.
Part 3 Fishery management plans
Note for Part 3
Part 6, Division 2, Subdivision 2 provides for the making of a management plan
by a Joint Authority.
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Part 3 Fishery management plans
Fisheries Act 1988 34
21 Purposes of Part
(1) The purpose of this Part is to conserve, enhance, protect, utilise,
and manage the fish and aquatic life resources of the Territory to:
(a) promote, develop and maintain Aboriginal, commercial and
amateur fishing; and
(b) provide for optimum yields from a fishery and maintain the
quality of the yield; and
(c) ensure that the fisheries of the Territory are not endangered or
overexploited; and
(ca) encourage tourist and scientific interest in fish and aquatic life;
and
(d) ensure that the habitats of fish or aquatic life and the general
environment are not detrimentally affected.
(2) For the avoidance of doubt, manage in subsection (1) includes, and
must be taken always to have included, a total prohibition against
the taking of fish or aquatic life in all or part of a management area
or in a fishery.
22 Management areas and managed fisheries
The Minister may, by Gazette notice, declare:
(a) an area, place, or any waters to be a fishery management
area; or
(b) a fishery to be a managed fishery.
23 Director to prepare proposed management plans
(1) This section applies if a management area or managed fishery that
is not a Joint Authority fishery is declared under section 22.
Note for subsection (1)
For a management area or managed fishery that is a Joint Authority fishery, see
section 70A.
(2) The Director must, as soon as practicable after the declaration,
prepare a proposed plan for the whole or part of the management
area or managed fishery for the purposes specified in section 21
and having regard to the need for coordination between
management areas or between managed fisheries or among any of
them.
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Part 3 Fishery management plans
Fisheries Act 1988 35
24 Fisheries management advisory committees
(1) For the purposes of assisting the Director in preparing proposed
plans and giving advice in relation to management plans, the
Minister may, as the Minister thinks fit, from time to time establish
and, after having due regard to the users of an area or fishery,
appoint members to an advisory committee for each management
area or managed fishery.
(2) Each such committee must be chaired by a person nominated by
the Minister and may include members representing Aboriginal,
commercial, processing, wholesaling, retailing, recreational,
consumer, or other interests in the area relating to fishing, fish, or
aquatic life.
25 Procedure in relation to management plans
(1) A proposed plan being prepared under section 23 must contain a
description of the management area or managed fishery and make
provision in relation to the managed area or managed fishery with
respect to any of the matters specified in Schedule 2 that the
Director considers applicable.
(2) A proposed plan prepared under section 23 must be submitted to
the Minister and, if the Minister agrees in principle with it, the
Minister may give notice of the proposed plan, and the place where
a copy of it may be inspected, in:
(a) the Gazette; or
(b) a newspaper circulating throughout the Territory.
(3) There may be included with each proposed plan prepared under
section 23, but so as not to form part of the plan:
(a) an outline of the history and status of the fishery; and
(b) the policy and objectives of the plan; and
(c) any other information relating to the fishery that the Director
thinks fit.
(4) Not less than 1 month after the date of notification under
subsection (2), and after considering any submissions made in
respect of the proposed plan, the Minister may:
(a) make any amendments to the plan that the Minister thinks fit;
and
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Part 3 Fishery management plans
Fisheries Act 1988 36
(b) approve the plan, after advising the relevant advisory
committee of any amendments and the reasons for them.
25A Amendments to management plans
(1) Where the Director is of the opinion that an amendment to a
management plan made under this Part is required, the Director
may submit the proposed amendment to the Minister and, if the
Minister agrees in principle with the proposed amendment, the
Minister may:
(a) where the proposed amendment is accompanied by a
statement signed by the Director stating that the proposed
amendment is, in the Director's opinion, a minor amendment –
approve the amendment with such amendment to it as the
Minister thinks fit; or
(b) where the proposed amendment is not accompanied by a
statement mentioned in paragraph (a) – give notice of the
proposed amendment to the plan, and the place where a copy
of it may be inspected, in:
(i) the Gazette; or
(ii) a newspaper circulating throughout the Territory.
(2) There may be included with a proposed amendment under
subsection (1) such explanatory notes as the Director thinks fit, but
such notes do not form part of the proposed amendment or an
amendment to the plan.
(3) Not less than 1 month after the date of notification under
subsection (1)(b), and after considering any submissions made in
respect of the proposed amendment, the Minister may:
(a) make any amendments to the proposed amendment that the
Minister thinks fit; and
(b) approve the amendment, after advising the relevant advisory
committee of any amendments and the reasons for them.
26 Minister may make emergency amendments to management
plans
(1) This section applies if, at any time, an emergency occurs that, in
the opinion of the Minister after consultation with the appropriate
advisory committee (if any), endangers or may endanger stocks of
fish or aquatic life, or any species or class of fish or aquatic life, in
any management area or managed fishery in respect of which there
is a management plan made under this Part.
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Part 3 Fishery management plans
Fisheries Act 1988 37
(2) Despite any provision to the contrary in this Act or the management
plan, the Minister may, by Gazette notice, amend the plan to the
extent required by the emergency.
(3) Subject to this section, an amendment made under subsection (2):
(a) takes effect on the date the notice is published in the Gazette
or any later date specified in the notice; and
(b) remains in effect for the period not exceeding 90 days
specified in the notice.
(4) A period specified under subsection (3) may be extended for one
further period not exceeding 90 days by a subsequent Gazette
notice given before the expiry of the original period.
(5) The particulars of a Gazette notice published under this section
must be advertised twice in at least one newspaper circulating
generally in the area concerned.
(6) An amendment made under subsection (2):
(a) may be revoked by the Minister at any time; and
(b) is taken to be revoked on the expiry of the period as specified
in the Gazette notice published under subsection (2) or a
subsequent Gazette notice published under subsection (4).
27 Management plans enforceable as regulations
(1) Every provision of a management plan has the force and effect of a
regulation in force under this Act.
(2) In the event of an inconsistency between a provision of a
management plan and the Regulations or a notice given under
section 28, the provision of the plan prevails to the extent of the
inconsistency.
(3) Where a word or phrase used in a management plan or a notice
under section 28 is not defined by this Act or the plan but is defined
by the Regulations, it has the meaning it has under the Regulations
in relation to the management plan or the notice, as the case may
be.
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Part 4 Control and enforcement
Division 1 Powers of Minister
Fisheries Act 1988 38
Part 4 Control and enforcement
Division 1 Powers of Minister
28 General power of Minister
(1) Despite anything in this Act or the Regulations, the Minister may, in
relation to any matter or thing not dealt with in a management plan,
by Gazette notice:
(a) declare a period to be a period during which the taking of fish
or aquatic life or fish or aquatic life of a particular species, sex,
size, age, or other characteristic specified in the notice, is
prohibited or allowed; or
(ab) declare that the taking of fish or aquatic life or fish or aquatic
life of a specified species, sex, size, age or other characteristic
is prohibited or allowed; or
(b) declare an item of fishing gear to be an item to be used or not
to be used in a fishery specified in the notice; or
(c) declare restrictions relating to:
(i) the size; or
(ii) the design; or
(iii) the construction materials; or
(iv) the quantity; or
(v) such other specifications as the Minister thinks fit,
of fishing gear to be used in or in connection with the taking of
fish or aquatic life, or fish or aquatic life of a particular species,
specified in the notice; or
(d) vary the prescribed closure lines delineating the mouth of a
river within the meaning of the Regulations; or
(e) vary the boundaries of any area prescribed for the taking of
fish or aquatic life or as waters from which fish may not be
taken either generally or in a particular manner, however
those areas are described, in relation to a fishery; or
(f) establish a licence buy-back scheme for a prescribed fishery.
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Part 4 Control and enforcement
Division 1 Powers of Minister
Fisheries Act 1988 39
(2) A declaration under subsection (1)(a), (b) or (c) may be expressed
to apply generally or in relation to a particular area or fishery
specified in the notice.
(3) On the publishing of a Gazette notice varying a closure line referred
to in subsection (1)(d) or the boundaries of an area referred to in
subsection (1)(e), that line or those boundaries as so varied are the
line and boundaries in relation to the river or area specified in the
notice and this Act and the Regulations apply accordingly.
29 Minister may impose emergency restrictions
(1) If at any time an emergency occurs that, in the opinion of the
Minister, endangers or may endanger stocks of fish or aquatic life,
or any species or class of fish or aquatic life, in any fishery or part
of a fishery where there is no management plan, the Minister may,
by Gazette notice, after consultation with the appropriate advisory
committee (if any) and despite anything to the contrary in this Act,
or in any licence or permit:
(a) halt all or any fishing in that fishery or any specified part of the
fishery; or
(b) restrict the number of vessels used in relation to fishing in the
fishery; or
(c) restrict the amount of fish or aquatic life which may be taken
from that fishery; or
(d) restrict the quantity or nature of fishing gear that may be used
in the fishery.
(2) A notice under this section must contain brief reasons for the
restrictions and be given for a period of not more than 28 days but
may from time to time be amended, revoked, or renewed by the
Minister by a subsequent notice.
(3) The particulars of a notice under this section must be advertised
twice in at least one newspaper circulating generally in the area
concerned.
(4) A notice under this section takes effect on the date the particulars
of the notice are advertised under subsection (3) for the second
time or any later date specified in the notice.
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Part 4 Control and enforcement
Division 2 Powers of Fisheries Officers
Fisheries Act 1988 40
Division 2 Powers of Fisheries Officers
30 Powers of entry and examination
(1) This section applies if:
(a) a Fisheries Officer believes on reasonable grounds that a
person is or has been engaged in:
(i) taking, processing for sale, selling or buying fish or
aquatic life; or
(ii) aquaculture; and
(b) the Fisheries Officer believes it is necessary to exercise a
power under subsection (2):
(i) to assist in the conservation or management of a fishery;
or
(ii) for the enforcement of this Act.
(2) Subject to section 32, the Fisheries Officer may at all reasonable
times without warrant:
(a) do any of the following:
(i) stop, enter and examine a vehicle or vessel;
(ii) enter and examine premises or a place;
(iii) detain and examine a record, document, article, fishing
gear, container, apparatus or device;
(iv) open and examine the contents of a container; and
(b) require a person to unlock a vehicle, vessel, premises, place
or container, if the person:
(i) is the owner of, is in possession of, or is the person who
locked the item or place required to be unlocked; and
(ii) is in the immediate vicinity; and
(c) take samples and conduct tests; and
(d) require:
(i) a person to answer a question; and
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Part 4 Control and enforcement
Division 2 Powers of Fisheries Officers
Fisheries Act 1988 41
(ii) the master of a vessel, or any other person, to give an
explanation or information about the vessel or a vehicle,
place, fish, aquatic life, fishing method, fishing gear,
container, apparatus, record, document, article, device
or other thing; and
(e) require a person mentioned in paragraph (d):
(i) to produce within 7 days a licence, permit, special permit
or other authority or certificate issued in relation to the
vessel, vehicle, person or thing; and
(ii) to produce immediately evidence of the person's identity.
(3) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a requirement made
under subsection (2)(b), (d) or (e) and the person is reckless
in relation to the result.
Maximum penalty: 100 penalty units.
(4) A person is not excused from answering a question or giving an
explanation or information if required to do so under
subsection (2)(d), on the ground that the answer, explanation or
information might tend to incriminate the person or make the person
liable to a penalty.
(5) However, the answer, explanation or information is not admissible
in evidence against the person in a civil or criminal proceeding
except a proceeding for an offence against section 35A in relation
to the answer, explanation or information.
31 Search
(1) Subject to section 32, where a Fisheries Officer is satisfied that
there are reasonable grounds for suspecting that an offence against
this Act has been, is being, or is about to be committed and
whether after an examination under section 30 or otherwise, the
officer may, without warrant:
(a) enter, with such force as is reasonably necessary, at any time,
any vehicle, vessel, premises or place and, for that purpose,
stop and detain any vehicle or vessel; and
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Part 4 Control and enforcement
Division 2 Powers of Fisheries Officers
Fisheries Act 1988 42
(b) search the vehicle, vessel, premises, or place and stop and
detain any person found in or on them or it and any person
whom the officer reasonably believes to be about to enter or to
have recently left the vehicle, vessel, premises, or place; and
(c) break open and search any container, whether a fixture or not,
in or on the vehicle, vessel, premises, or place; and
(d) detain, remove, and secure any vehicle, vessel, or fishing
gear, or any plant, motor, appliance, fitting, or equipment
(including fishing monitoring equipment and vessel monitoring
systems) in, on, or attached to any vehicle, vessel, premises,
or place, or any fish or aquatic life or other thing that is found
on any vehicle, vessel, premises, or place if the officer has
reasonable grounds for believing that it is evidence of or
otherwise relates to an offence that has been, is being, or is
about to be committed against this Act; and
(e) require the master or other person in charge of a vehicle or
vessel to cause it to stop or to bring it to a place in the
Territory and to remain in control of it at that place until a
Fisheries Officer permits the master or other person to depart
from that place; and
(f) require a person to open a locked, barred or otherwise
secured gate, door or container; and
(g) take such action as is reasonably necessary to prevent the
commission of an offence against this Act.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a requirement made
under subsection (1)(e) or (f) and the person is reckless in
relation to the result.
Maximum penalty: 100 penalty units.
32 General matters relating to powers of Fisheries Officers
(1) The power conferred by sections 30 and 31 to enter any premises
or place without a warrant does not include power to enter a room
that is used solely for domestic purposes.
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Part 4 Control and enforcement
Division 2 Powers of Fisheries Officers
Fisheries Act 1988 43
(3) For the purpose of exercising a power of examination or search
under section 30 or 31 a Fisheries Officer may:
(a) require a person who is, or in the opinion of the Fisheries
Officer appears to be, the master or other person in control of
a vessel or vehicle to take an action, or to desist from an
action, to facilitate the entering or boarding of the vessel or
vehicle by the Fisheries Officer; or
(b) require a person who is, or in the opinion of the Fisheries
Officer appears to be, in possession of fishing gear to remove
the gear from the water so that the Fisheries Officer can
inspect it.
(4) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in a contravention of a requirement made
under subsection (3) and the person is reckless in relation to
the result.
Maximum penalty: 100 penalty units.
(5) A Fisheries Officer lawfully exercising powers under section 30
or 31 may make or take copies of any relevant record or document,
and for this purpose may take possession of and remove from the
place where it is kept, for such period of time as is reasonable in
the circumstances, any such record or document.
(6) Every person exercising a power conferred by section 30 or 31
must produce evidence that the person is a Fisheries Officer to any
person on or in the vehicle, vessel, premises, or place or claiming
an interest in the things on or in or in respect of which the power is
exercised, who questions the right of the Fisheries Officer to
exercise that power.
Note for subsection (6)
Section 8(4) provides that the production of an identity card is sufficient authority
for a Fisheries Officer to exercise powers.
(8) A Fisheries Officer may, while exercising a power under this Act, be
accompanied by any person, and may, if the officer reasonably
believes that it is necessary in the circumstances, request any
suitable person to assist the officer in exercising that power.
(9) A person, while assisting a Fisheries Officer in response to a
request for assistance under subsection (8), has and may exercise
all such powers of a Fisheries Officer as are reasonably necessary
for the purpose.
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Part 4 Control and enforcement
Division 2 Powers of Fisheries Officers
Fisheries Act 1988 44
33 Powers of seizure
(1) A Fisheries Officer may seize:
(a) any vessel, vehicle or other conveyance, fishing gear,
implement, appliance, material, container, goods or equipment
(including fishing monitoring equipment and vessel monitoring
systems) that the Officer believes on reasonable grounds:
(i) is being or has been used, or is intended to be used, in
the commission of an offence against this Act; or
(ii) may disclose evidence of an offence against this Act; or
(b) any fish or aquatic life that the Officer believes on reasonable
grounds:
(i) is being or has been taken, killed, transported, bought or
sold, or is found in the possession of any person, in
contravention of this Act; or
(ii) is fish or aquatic life with which fish or aquatic life
mentioned in subparagraph (i) has been intermixed.
(2) A thing seized must be delivered into the custody of the Director or
a person authorised by the Director for this subsection (an
authorised person) unless it is released under subsection (3).
(3) A thing seized may, on application, be released to the person from
whom it was seized or, if that person is not the owner of the thing,
to the owner, under any sureties and conditions, including the
entering into of a bond or other financial security to secure the
payment of money, that the Director specifies.
(4) If, in the Director's opinion, a thing seized may rot, spoil, or
otherwise perish, it may be sold or otherwise disposed of by the
Director.
(5) Subject to subsection (3), a thing seized and the proceeds from the
sale of a thing under subsection (4), must be held in the custody of
the Director or an authorised person until:
(a) a decision is made not to charge a person with an offence in
relation to which the thing was seized; or
(b) if a person is charged, the completion of the proceeding in
respect of the offence or any sooner time that the court
determines.
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Part 4 Control and enforcement
Division 2 Powers of Fisheries Officers
Fisheries Act 1988 45
(6) A decision whether to charge a person with an offence in relation to
which a thing was seized must be made no later than 30 days after
the day on which the thing was seized.
(7) Subsections (2) to (6) do not apply to a thing seized if a
contravention notice is given in relation to the thing.
33A Release or forfeiture of things seized or proceeds of sale
(1) Subject to subsection (2), a thing, or proceeds from the sale of a
thing, held in the custody of the Director or an authorised person
under section 33(5) must be released to the person from whom the
thing was seized or, if that person is not the owner of the thing, to
the owner:
(a) on a decision being made not to charge a person with an
offence in relation to which the thing was seized; or
(b) on the acquittal of a person charged with an offence
mentioned in paragraph (a).
(2) If a thing is seized under section 33(1) other than from a person
and, despite reasonable enquiry, it is not possible to establish the
ownership of the thing within 30 days after the seizure, the thing is
forfeit to the Territory at the end of that period and may be sold or
otherwise disposed of by the Director.
Note for section 33A
See section 46 for the court's power to order forfeiture of things seized, or
proceeds from the sale of things seized, on a finding of guilt for an offence.
33B Protection from liability
(1) The Director and the Territory are not liable to any person for any
spoilage or deterioration in the quality of any fish or aquatic life or,
subject to reasonable care being taken, any deterioration in any
other thing seized under section 33(1).
(2) A Fisheries Officer who, at the time of seizure, returns to the water
any fish or aquatic life seized under section 33(1) that the Officer
believes to be alive, is not liable to the person from whom the fish
or aquatic life was seized if:
(a) a decision is made not to charge a person with an offence in
relation to which the fish or aquatic life was seized; or
(b) a person is acquitted of the charge.
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Part 4 Control and enforcement
Division 3 Records and returns
Fisheries Act 1988 46
(3) Subsection (2) has effect subject to Part VIIA of the Police
Administration Act 1978 to the extent it relates to the civil liability of
a Fisheries Officer who is a police officer.
33C Powers of Fisheries Officers in relation to permit offences
(1) If the Director is satisfied that there are reasonable grounds for
suspecting that a permit offence has been committed, a Fisheries
Officer may:
(a) search for and destroy any relevant fish or aquatic life or
noxious species and for that purpose may take whatever
action is, in the opinion of the Director, necessary or desirable;
and
(b) seize an electric fishing device; and
(c) take whatever action is, in the opinion of the Director,
necessary or desirable to limit the consequences of the
offence or to ameliorate the damage caused by the offence.
(2) Subsection (1) applies even if the action taken by a Fisheries
Officer may constitute a trespass or may cause loss or damage to
property.
Division 3 Records and returns
34 Records and returns
(1) This section applies to a person who is:
(a) the holder of a permit, licence, authority or approval granted
under this Act; or
(b) the master of a vessel registered under this Act; or
(c) the holder of a licence or permit in relation to premises where
fish or aquatic life are bred, received, bought, processed,
stored, sold by wholesale or retail or are otherwise disposed
of; or
(d) a person who transports or is otherwise in possession of fish
or aquatic life that is intended for sale by wholesale or retail
under a licence or permit.
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Fisheries Act 1988 47
(2) The Director may do any of the following to assist the management
and conservation of any fish or aquatic life or the development of
the fishing industry:
(a) by written notice to a person:
(i) require the person to keep accounts, records, returns
and information (including records of returns and
information to be supplied or that have been supplied
under subparagraph (ii));
(ii) require the person to supply to the Director accounts,
records, returns and information within the time specified
in the notice;
(iii) specify the manner and form in which the person is to
keep the accounts, records, returns and information;
(b) by Gazette notice:
(i) require a person to keep accounts, records, returns and
information (including records of returns and information
to be supplied or that have been supplied under
subparagraph (ii));
(ii) require a person to supply to the Director accounts,
records, returns and information within the time specified
in the notice;
(iii) specify the manner and form in which a person is to
keep the accounts, records, returns and information.
(3) A return, record, account or information supplied under
subsection (2) is not to be:
(a) disclosed in proceedings other than a prosecution against this
Act; or
(b) released to a person, except if the person releasing it is
authorised to do so under this Act or by the Director.
(4) A return, record, account or information supplied under
subsection (2), is not, except with the written permission of the
person making the return, record or account, or supplying the
information, to be published in any form unless aggregated so that
specific identities of persons or businesses are not revealed.
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Division 3 Records and returns
Fisheries Act 1988 48
34A Movement of fish without proper documents prohibited
(1) A relevant person commits an offence if the relevant person:
(a) moves, from one place to another place, fish or aquatic life of
a class prescribed for this section; and
(b) does not, at the time the fish or aquatic life are moved, have
possession of a document in the approved form specifying:
(i) the species of fish or aquatic life being moved; and
(ii) the place where the fish or aquatic life was caught, taken
or harvested.
Maximum penalty: 100 penalty units.
(2) A relevant person commits an offence if the relevant person:
(a) receives from another person fish or aquatic life of a class
prescribed for this section; and
(b) does not, at the time the fish or aquatic life are received,
receive from that other person a document in the approved
form specifying:
(i) the species of fish or aquatic life being received; and
(ii) the place where the fish or aquatic life was caught, taken
or harvested.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (1) or (2) is an offence of strict
liability.
(4) The Director may, by Gazette notice, prescribe a class of fish or
aquatic life for this section.
Examples for subsection (4)
1 Species of fish or aquatic life.
2 Number of fish or aquatic life.
3 Weight of fish or aquatic life.
4 Place where fish or aquatic life was caught, taken or harvested.
(5) In this section:
relevant person means a person to whom section 34 applies.
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Division 3 Records and returns
Fisheries Act 1988 49
35 Offence not to keep or supply records
(1) A person commits an offence if the person contravenes a
requirement of the Director under section 34 to keep or supply an
account, record, return or information.
Maximum penalty: 100 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subsection (1) if the person has a reasonable excuse.
35A Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to another person;
and
(b) the other person is an authorised officer; and
(c) the information is misleading and the person has knowledge of
that circumstance; and
(d) the authorised officer is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document to another person;
and
(b) the other person is an authorised officer; and
(c) the document contains misleading information and the person
has knowledge of that circumstance; and
(d) the authorised officer is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
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Fisheries Act 1988 50
(4) Subsection (2) does not apply if the person, when giving the
document:
(a) draws the misleading aspect of the document to the
authorised officer's attention; and
(b) to the extent to which the person can reasonably do so – gives
the authorised officer the information necessary to remedy the
misleading aspect of the document.
(5) In this section:
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
36 Unauthorised disclosure of confidential information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing
functions connected with the administration of this Act; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in the disclosure of the information and the
person is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information
relates; or
(iii) for legal proceedings arising out of the operation of this
Act; or
(iv) in a statistical form that does not identify the person to
whom the information relates; or
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(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
Division 4 Offences
37 Continuing offence
(1) This section applies if a court finds a person guilty of an offence
against section 11(6).
(2) The court may, in addition to any penalty imposed for the offence,
impose a penalty not exceeding 50 penalty units for each day
during which the offence continues after the day the offence was
committed.
38 Regulatory offences
(1) An offence against the Regulations or a management plan is a
regulatory offence.
(1A) An offence against this Act that would otherwise be an indictable
offence, is a summary offence.
(2) It is a defence to a prosecution for an offence referred to in
subsection (1) if the defendant proves on the balance of
probabilities that:
(a) any contravention or failure to comply constituting the offence
occurred in an emergency and was necessary to preserve life
or prevent injury or to protect property in the defendant's
possession; or
(b) the defendant did not intend to commit the offence, and that:
(i) in any case where it is alleged that anything required to
be done was not done, the defendant took all reasonable
steps to ensure that it was done; or
(ii) in any case where it is alleged that anything prohibited
was done, that the defendant took all reasonable steps
to ensure that it was not done; or
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(c) any contravention or failure to comply constituting the offence
was authorized by being:
(i) in the exercise of a right granted or recognized by law; or
(ii) in execution of the law or in obedience to, or in
conformity with, the law; or
(iii) in obedience to the order of a competent authority whom
the defendant is bound by law to obey unless the order
is manifestly unlawful (the determination of which is a
matter of law); or
(iv) pursuant to an authority, permission, or licence lawfully
granted.
(3) Subsection (2)(b) applies only to an offence prescribed in the
Regulations or a fishery management plan to be an offence to
which that subsection applies.
(4) Subsection (1) does not apply to an offence against the Regulations
or a management plan to which Part IIAA of the Criminal Code
applies.
39 Obstruction of authorised officers
(1) A person commits an offence if:
(a) the person intentionally obstructs another person; and
(b) the other person is an authorised officer; and
(c) the authorised officer is acting in an official capacity and the
person has knowledge of that circumstance.
Maximum penalty: 50 penalty units or imprisonment for
6 months.
(2) Strict liability applies to subsection (1)(b).
(3) For subsection (1), a person who refuses to allow an authorised
officer, or any person lawfully assisting the authorised officer, to
exercise any of the powers conferred on the authorised officer by or
under this Act is taken to be obstructing the authorised officer.
(4) In this section:
obstruct includes hinder and resist.
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40 Liability of owner or person in control of registered vessel for
illegal use of vessel, fishing gear or equipment
(1) The owner, or a person who is in control, of a registered vessel
commits an offence if:
(a) the owner or person in control permits another person to use
the vessel or an item of fishing gear or other equipment on or
used with the vessel; and
(b) the other person uses the vessel, gear or equipment in the
commission of an offence against this Act and the owner or
person in control is reckless in relation to that circumstance;
and
(c) the owner or person in control failed to take reasonable steps
to prevent the commission of the offence by the other person.
Maximum penalty: 100 penalty units or imprisonment for
12 months.
(2) Strict liability applies to subsection (1)(a) and (c).
40A Failure of licensee or vessel owner to notify change of address
for service
(1) A licensee or the owner of a registered vessel commits an offence
if:
(a) the address for service of the licensee or owner changes; and
(b) the licensee or owner fails to give the Director written notice of
the new address within 28 days after the change.
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
40B Unauthorised trafficking in or possession of fish of priority
species
(1) A person commits an offence if:
(a) the person intentionally traffics in fish; and
(b) the fish is fish of a priority species; and
(c) the number of fish trafficked is equal to or greater than a
commercial quantity of that species; and
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(d) the person is not authorised to traffic a commercial quantity of
that fish under this Act and is reckless in relation to that
circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally possesses or has control of fish; and
(b) the fish is fish of a priority species; and
(c) the number of fish possessed or controlled is equal to or
greater than a commercial quantity of that species; and
(d) the person is not authorised to possess or have control of a
commercial quantity of that fish under this Act and is reckless
in relation to that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(3) Strict liability applies to subsections (1)(b) and (2)(b).
(4) Absolute liability applies to subsections (1)(c) and (2)(c).
(5) In this section:
commercial quantity means a quantity prescribed by regulation for
this definition.
fish of a priority species means a species of fish prescribed by
regulation for this definition.
traffic, in fish, includes the following:
(a) sell fish;
(b) take fish for sale;
(c) receive fish;
(d) process fish;
(e) engage in any act preparatory to an act mentioned in
paragraph (a), (b), (c) or (d).
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41 Falsely identifying fish or aquatic life for sale
A person commits an offence if:
(a) the person intentionally sells fish or aquatic life, or a product
containing fish or aquatic life; and
(b) the fish, aquatic life or product is labelled with the identity or
origin of the fish or aquatic life and the person is reckless in
relation to that circumstance; and
(c) the identity or origin of the fish or aquatic life on the label is
false and the person is reckless in relation to that
circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
42 Buying, selling or possessing fish or aquatic life taken illegally
(1) A person commits an offence if:
(a) the person intentionally buys, sells or possesses fish or
aquatic life; and
(b) the fish or aquatic life was taken in contravention of this Act
and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) For subsection (1), fish or aquatic life is taken to be sold if it forms
part of a meal and either:
(a) payment is made for the meal or any part of the meal; or
(b) the meal is supplied to a person (whether in accordance with
the terms of a contract of service or otherwise) who is
employed by the person by whom the meal is supplied.
43 Offences relating to aquaculture
(1) A person commits an offence if:
(a) the person intentionally takes fish or aquatic life; and
(b) the area in which the fish or aquatic life is taken is a licensed
area and the person is reckless in relation to that
circumstance; and
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(c) the person is not authorised under this Act to take fish or
aquatic life in the licensed area and is reckless in relation to
that circumstance.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally removes diseased or contaminated
fish or aquatic life from an area; and
(b) the area is a licensed area and the person is reckless in
relation to that circumstance; and
(c) the person is not authorised under this Act to remove
diseased or contaminated fish or aquatic life from the licensed
area and is reckless in relation to that circumstance.
Maximum penalty: 500 penalty units or imprisonment for
2 years.
(3) A person commits an offence if:
(a) the person intentionally enters an area; and
(b) the area is a licensed area that has been marked out under
section 55(4) and the person is reckless in relation to that
circumstance; and
(c) the person is not authorised to enter the area by the holder of
the aquaculture licence and is reckless in relation to that
circumstance.
Maximum penalty: 50 penalty units.
(4) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in the removal of, or interference with, a
beacon, buoy, mark, light, signal, raft, structure or implement
used in relation to a licensed area and the person is reckless
in relation to the result; and
(c) the person is not authorised to engage in the conduct by the
holder of the aquaculture licence and is reckless in relation to
that circumstance.
Maximum penalty: 100 penalty units.
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(5) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in damage to, or in, a licensed area and
the person is reckless in relation to the result; and
(c) the person is not authorised to engage in the conduct by the
holder of the aquaculture licence and is reckless in relation to
that circumstance.
Maximum penalty: 100 penalty units.
(6) If a court finds a person guilty of an offence against subsection (1),
(2), (3), (4) or (5), it may award damages in respect of the offence.
(7) In this section:
licensed area means land, premises or waters to which an
aquaculture licence relates.
43A Time for commencing prosecution
A prosecution under this Act must be commenced within 2 years
after the day on which the offence is alleged to have been
committed.
44 Averments and evidence
(1) In a prosecution for an offence against this Act or any other law of
the Territory, an averment:
(a) as to a matter specified in subsection (2);
(b) made by notice in writing and certified by the Director; and
(c) served on the defendant,
shall, in the absence of proof to the contrary, be sufficient evidence
of the matter averred.
(2) An averment may be made under this section in relation to the
following:
(a) the latitude and longitude, or the UTM position, of a place;
(b) the distance of a place from another place;
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(c) that a person or thing was at a stated place, or within a stated
area or at a stated latitude and longitude or a stated UTM
position, at a stated time, or at the time of the taking of a
stated action or the occurrence of a stated event;
(d) an entry in a register kept under section 9;
(e) that a place is within a management area, managed fishery, or
an aquatic life reserve;
(f) that an act alleged to have been done was done within an
area of waters which had been declared to be closed or
restricted under this Act;
(g) that an area of water is water above or below the tidal limit; or
(h) the identity of fish or aquatic life or of a substance contained in
a product made from or containing fish or aquatic life, or used
in the processing of fish or aquatic life.
(3) An averment shall not be evidence for the purposes of this section
unless a copy of the averment has been served on the defendant or
the defendant's agent or counsel not less than 7 days before the
hearing at which the averment is to be tendered.
(4) The court shall take judicial notice of the official signature of a
person who holds or has held the office of Director and a certificate
under subsection (1) purporting to be signed by the Director shall
be prima facie evidence of that fact without proof of the signature of
the person appearing to have signed it.
(5) The court may, if the amendments can be made without hardship or
injustice to the defendant, allow at the hearing of proceedings such
amendments to be made to an averment under this section as
appear to it to be desirable or to be necessary to enable the real
question in dispute to be determined.
(6) Evidence that fish or aquatic life (other than commercially
processed fish or aquatic life) was under the control of a person:
(a) in a vessel or in a vehicle that contained fishing gear; or
(b) in or in the vicinity of water or swamp,
is evidence that the person took the fish or aquatic life.
(7) Where evidence is given that a person had under the person's
control:
(a) in a vessel; or
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(b) in or in the vicinity of water or swamp,
fishing gear that could not lawfully be used for fishing at that place
at that time in a normal way in which the gear is commonly used
and a Fisheries Officer satisfies the court that the officer reasonably
suspected that the person used the gear at that place at that time
for fishing, then the evidence is evidence that the person used the
gear for fishing at that place at that time.
(8) Evidence that fish or aquatic life was on display in a shop is
evidence that the fish or aquatic life was offered for sale.
(9) Evidence that a Global Positioning System (GPS) device gave a
position in latitude and longitude, or as a UTM position, is evidence
of that position.
45 Liability of directors
(1) If a body corporate is found guilty of an offence against this Act,
every director and every person concerned in the management of
the body corporate is guilty of a like offence if it is proved that the
act or omission that constituted the offence took place with the
person's authority, permission, or consent, or that the person knew
the offence was to be or was being committed and failed to take all
reasonable steps to prevent or stop it.
45A Court may order payment for permit offences
(1) If a court finds a person guilty of a permit offence, the court may
order the person to pay to the Director, a person authorised by the
Director or any other person, an amount that the court thinks fit in
respect of:
(a) action taken under section 33C(1); or
(b) any other loss or damage.
(2) An order under this section is in addition to the penalty imposed for
the permit offence and any order for forfeiture under section 46.
45B Court may order payment of costs of storage of things seized
(1) If a court finds a person guilty of an offence against this Act, the
court may order the person to pay to the Director the reasonable
costs of handling, securing, maintaining and storing anything seized
under section 33(1) in relation to the offence.
(2) An order under this section is in addition to the penalty imposed for
the offence and any order for forfeiture under section 46.
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Division 4A Infringement notice offences
Fisheries Act 1988 60
46 Court may order forfeiture
(1) If a court finds a person guilty of an offence against this Act, the
court may order that any of the following is forfeit to the Territory:
(a) any vessel, vehicle or other conveyance, fishing gear,
implement, appliance, material, container, goods or equipment
used in respect of the commission of the offence;
(b) any fish or aquatic life in respect of which the offence has
been committed;
(c) proceeds from the sale under section 33(4) of things
mentioned in paragraph (a) or (b).
(1A) A thing mentioned in subsection (1)(a) or (b) may be forfeited
whether or not it has been seized, taken possession of, detained or
released under a surety under section 33.
(2) A person whose property has been forfeit to the Territory under
subsection (1) or a person who, immediately before the forfeiture,
had a legal or equitable interest in such property may apply to the
Director within 30 days after a finding of guilt for the sale of the
property so forfeited; and the Director may order the sale to the
applicant of the property on payment to the Territory of such
amount as the Director thinks appropriate, being an amount not
exceeding the estimated market value of the property.
(3) Any forfeiture ordered or payment imposed under this section is in
addition to the penalty imposed for the offence.
Division 4A Infringement notice offences
46A Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
of this Act, the Regulations or a management plan prescribed in the
Regulations or a management plan to be an infringement notice
offence.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in the Regulations or management plan.
46B When infringement notice may be given
If a Fisheries Officer believes on reasonable grounds that a person
has committed an infringement notice offence, the Officer may give
a notice (an infringement notice) to the person.
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46C Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to which the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subsection (2)(b).
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46D Payment by cheque
If the person tenders a cheque in payment of the prescribed
amount, the amount is not taken to have been paid unless the
cheque is cleared on first presentation.
46E Withdrawal of infringement notice
(1) The Director may withdraw the infringement notice by written notice
given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
46F Application of Division
(1) This Division does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Division does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
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Fisheries Act 1988 63
Division 4B Confiscation offences
46G Application of Division
This Division applies if:
(a) a Fisheries Officer seizes any of the following under
section 33(1):
(i) fishing gear that the Officer believes on reasonable
grounds is being or has been used in the commission of
a confiscation offence;
(ii) fish or aquatic life that the Officer believes on reasonable
grounds were taken during the commission of a
confiscation offence; and
(b) the Fisheries Officer does not intend to make a complaint or
serve an infringement notice for the alleged offence.
46H Contravention notice
The Fisheries Officer may, at the time of the seizure, give the
person from whom the fishing gear, fish or aquatic life was seized
(the alleged offender) a notice (a contravention notice)
containing the following information:
(a) the name of the alleged offender;
(b) the date, time and place of the alleged confiscation offence;
(c) a description of the alleged confiscation offence and the
circumstances causing the Fisheries Officer to believe the
offence was being committed or had been committed;
(d) a description of the fishing gear, fish or aquatic life seized by
the Fisheries Officer including, if possible, the type and
quantity;
(e) the name of the Fisheries Officer;
(f) a statement that the alleged offender may choose to have the
matter dealt with by the Local Court by applying under
section 46K(1);
(g) a statement that, if the alleged offender does not apply under
section 46K(1), the Local Court may make an order that the
seized property or proceeds of the sale of the seized property
is forfeit to the Territory.
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46J Seized property to be held by Director
(1) The Fisheries Officer must ensure that the fishing gear, fish or
aquatic life seized is delivered into the custody of the Director or to
a person authorised by the Director.
(2) If, in the opinion of the Director, any fish or aquatic life seized may
rot, spoil or otherwise perish, it may be sold or otherwise disposed
of by the Director.
(3) All seized property, and proceeds of sale of seized property under
subsection (2), must be held in the custody of the Director or an
authorised person until it is forfeit to the Territory or delivered to the
alleged offender or owner.
46K Application by alleged offender or owner to Court in relation to
contravention notice
(1) The alleged offender served with a contravention notice or, if that
person is not the owner of the seized property, the owner may
apply to the Local Court to have the Court deal with the matter.
(2) The application must be:
(a) made no later than 28 days after the date of the alleged
confiscation offence; and
(b) in writing; and
(c) accompanied by a copy of the contravention notice.
(3) If the application is made by the alleged offender, the alleged
offender must give notice of the application:
(a) to the Director; and
(b) if the alleged offender is not the owner of the seized property –
to the owner.
(4) If the application is made by the owner of the seized property, the
owner must give notice of the application:
(a) to the Director; and
(b) to the alleged offender.
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46L Application by Director to Court in relation to contravention
notice
(1) If an application is not made under section 46K(1) within the time
mentioned in section 46K(2)(a), the Director may apply to the Local
Court to have the Court deal with the matter.
(2) The application must be:
(a) in writing; and
(b) accompanied by a copy of the contravention notice.
(3) The Director must give notice of the application to:
(a) the alleged offender; and
(b) if the Director knows that the alleged offender is not the owner
of the seized property – to the owner (if known).
46M How Court deals with matter
(1) On an application under section 46K(1) or 46L(1), the Local Court
may order that the seized property or proceeds of sale is forfeit to
the Territory, if the Court is satisfied, on the balance of probabilities,
that the alleged offender committed the confiscation offence in
relation to which the property was seized.
(2) If the Local Court does not make an order under subsection (1), the
Court must order that the seized property or proceeds of sale be
delivered to the alleged offender or, if that person is not the owner
of the seized property, the owner.
(3) An order under subsection (1) does not constitute a finding of guilt
for an offence.
46N Relationship with other seizure powers
This Division does not limit Division 2.
Division 5 Regulations
47 Regulations
(1) The Administrator may make regulations under this Act.
(2) A regulation may make provision for or in relation to the following:
(a) generally regulating fishing, the selling or trading of fish and
aquaculture;
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(ab) managing a fishery, or a designated area within a fishery,
through a quota system;
(ac) authorising the Minister to determine, by Gazette notice, any
matter required for the operation of a quota system;
(b) prohibiting or regulating the taking (including declaring closed
or open seasons), buying, selling, marketing, transporting,
processing, preparing or offering for consumption in any public
eating-house, acquiring, receiving, disposing of, or having in
possession any fish;
(c) regulating the provision and maintenance of facilities on
vessels, vehicles or other conveyances, or in premises, for the
handling, transportation, preservation, preservation alive,
storage, or storage in transit of fish; and prescribing measures
to protect from sun, weather, or contamination, any fish being
handled or transported;
(d) regulating the quantity of fish that may at any one time be on
board a vessel or vehicle or other conveyance or be conveyed
on any vessel or vehicle or other conveyance or animal, or
kept in any container, or place, or in the possession of any
person or of any prescribed number of persons;
(e) empowering the Minister or Director to prescribe, by notice in
the Gazette, fees or levies, and prescribing the method of
assessing the fees or levies, the amounts payable, the person
liable for payment, and the circumstances in which the
Minister or the Director may remit or refund the whole or any
part of such fees or levies;
(f) defining or prescribing the specifications for the vessels or
classes or types of vessels to which any regulations are to
apply, and providing for the exemption of any vessels or
classes or types of vessels from any such regulations;
(g) regulating, prohibiting, or prescribing the use, size, design,
construction materials, or quantity of fishing gear;
(h) prescribing the method or methods of identifying vessels,
specifying identification marks or symbols or distinguishing
flags to be carried by vessels and by tender vessels and
similar vessels carried by or attached to or used in conjunction
with any vessels, and where any such identification marks
shall be placed, and the identification marks on sails, nets or
seines, or other fishing gear;
(j) the conduct of licensees, persons working with or for
licensees, lessees, persons who are carrying out amateur
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Fisheries Act 1988 67
fishing, and persons who process, carry, land, trans-ship
(whether at sea or otherwise), sell, or buy fish, or make,
repair, or sell gill net;
(k) noxious species, exotic fish, and other fish;
(m) hygiene on vessels and in the use of plant, fishing gear,
containers, equipment, and vehicles;
(n) diseases, disease prevention and control, quarantine and
quarantine places;
(p) the granting of permits for the landing or sale of fish lawfully
taken in Territory waters or elsewhere under a law of the
Commonwealth, a State or another Territory;
(q) registering vessels, and specifying conditions subject to which
a vessel may be registered;
(qa) 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;
(r) prohibiting or regulating the granting, renewal, or transfer of
licences (in whole or in part), determining the number of
licences that may be granted in respect of any fishery or the
number of persons that may fish in a fishery, and specifying
the conditions subject to which a licence may be granted,
renewed, or transferred;
(s) regulating, restricting, or imposing conditions on the canning,
smoking, freezing, or other preserving of fish for sale and its
possession for sale when canned, smoked, frozen, or
otherwise preserved, and providing for the inspection of and
imposing conditions of operation on canneries, smokehouses,
freezing chambers, refrigerating works, and any premises (not
being a dwelling-house) where fish are canned, smoked,
frozen, preserved, treated, dressed, or stored, for sale;
(t) requiring and authorising the provision of devices and facilities
to permit or control the passage of fish through or around any
dam or other structure that may impede the natural movement
of fish upstream or downstream;
(u) prohibiting or regulating the possession, the retention in
captivity, or the transfer to or release into any waters, of any
live fish;
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(w) authorising the Director, subject to such conditions as may be
prescribed in the Regulations, to regulate the use of electric
fishing devices for taking fish.
Examples for subsection (2)(ac)
1 Total allowable catch.
2 The allocation of total allowable catch between licensees.
(3) Regulations under this section may be made with respect to aquatic
life as regulations may be made with respect to fish.
(4) Regulations under this section may apply special conditions or
confer special rights in relation to fishing by or under the authority of
specified communities, persons, or classes of persons (including
tour operators).
(5) Money payable by way of refund under regulations made under
subsection (2)(e) is to be paid from the public money of the
Territory and the appropriation for that purpose is established or
increased to the extent necessary.
(5A) The Regulations may deem a person to be in possession of fish in
prescribed circumstances.
(5B) The Regulations may:
(a) subject to paragraph (b), for an offence against a regulation,
prescribe a fine not exceeding 170 penalty units and, if the
offence is a continuing one, prescribe a further 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 a regulation that is an offence of strict
liability, prescribe a penalty not exceeding 100 penalty units.
(6) The Regulations may prescribe different penalties for different
classes of offender for an offence against the Regulations.
48 Special Regulations relating to aquaculture
Regulations may be made under section 47:
(a) providing for the issue, refusal, variation, suspension, sale,
revocation (both with and without compensation), forfeiture,
and renewal of licences to engage in aquaculture and for the
conditions applicable to them including methods of farming or
the restoration of Crown land;
(b) regulating the stocking of fish or aquatic life farms and
regulating the taking of live fish or aquatic life for that purpose;
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Fisheries Act 1988 69
(c) providing for the Minister or Director to prescribe steps to be
taken by any aquaculture licensee to keep the farm or
premises free from disease, infection, contamination by
sewage or other substance, and providing for the licensee to
maintain the quality of water (including salinity) which must be
used;
(d) regulating the removal and disposal of waste matter from any
area used for aquaculture;
(e) regulating the types and quantities of food that may be fed;
(f) authorising or requiring the taking of a specimen, the testing of
anything, or the sampling of a substance present on any
aquaculture premises and authorising or requiring the removal
of any specimen or sample, or the destruction of diseased fish
or aquatic life whether with or without payment of
compensation; and
(g) regulating or prohibiting the processing of any farmed fish or
aquatic life or their sale or other disposal, or possession.
49 Management plans and certain notices to have status of
regulations
Each of the following is taken to be regulations for the purposes of
sections 57, 63, 63B and 63C of the Interpretation Act 1978:
(a) each management plan approved under section 25(4) or
70C(4);
(b) each amendment to a management plan approved under
section 25A or 70D;
(c) each notice given under this Act and required to be published
in the Gazette, other than a notice given under section 5(2),
25(2)(a), 25A(1)(b)(i), 47(2)(ac), 64(4), 64A(5), 70C(2)(a),
70D(1)(b)(i) or Schedule 2, clause 2(d).
Part 5 Miscellaneous matters
Division 1 Review of decisions
50 Review of decision made by delegate
(1) This section applies in relation to a decision made under this Act by
a delegate of the Director (each a delegate decision) in relation to
an application made by a person (the applicant).
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(2) The applicant may apply for a review of the delegate decision.
(3) The application for review must be made to the Director within
28 days after the day on which notice of the delegate decision was
given to the applicant.
(4) If an application for review is made under this section, the delegate
decision must be reviewed by the Director or by a person
designated by the Director who was not involved in the making of
the decision (the reviewer).
(5) After reviewing the delegate decision, the reviewer must decide to:
(a) affirm the delegate decision; or
(b) set aside the delegate decision and substitute a new decision.
(6) As soon as practicable after deciding the application, the reviewer
must give written notice of the decision to the applicant stating the
following:
(a) the decision and the reasons for it;
(b) any right the applicant has to apply for a review of the
decision.
50A Review by Tribunal
(1) The Tribunal has jurisdiction to review a reviewable decision.
(2) A reviewable decision is:
(a) a decision specified in Schedule 3, unless the decision was a
delegate decision; or
(b) a decision made on the review under section 50 of a decision
specified in Schedule 3 that was a delegate decision; or
(c) a decision prescribed by regulation or a management plan to
be a reviewable decision.
(3) A person is an affected person for a reviewable decision
mentioned in:
(a) subsection (2)(a) or (b) – if the person is specified in
Schedule 3 for the decision; or
(b) subsection (2)(c) – if the person is prescribed by regulation or
a management plan to be an affected person for the
reviewable decision.
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Fisheries Act 1988 71
(4) An affected person for a reviewable decision may apply to the
Tribunal for a review of the decision.
(5) In this section:
Tribunal means the Civil and Administrative Tribunal.
Note for section 50A
The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the
procedure for applying to the Tribunal for review and other relevant matters in
relation to reviews.
Division 2 Other matters
51 Fishing Industry Research and Development Trust Fund
(1) The Accountable Officer, as defined in section 3(1) of the Financial
Management Act 1995, of the Agency to which the administration of
this Act is allotted under an Administrative Arrangements Order
may establish a fund, in the Accountable Officer's Trust Account as
defined in section 3(1) of the Financial Management Act 1995, to be
known as the Fishing Industry Research and Development Trust
Fund, for the purpose of ensuring the development of the fishing
industry or research into fish, aquatic life, fishing, fisheries, the
fishing environment and other related matters.
(2) The Accountable Officer is to credit to the Fund established under
subsection (1):
(a) the prescribed fees; and
(b) revenues from other sources provided for the purposes of the
Fund.
52 Fishing Industry Research and Development Trust Fund
advisory committee
(1) The Minister must establish a committee to advise the Minister on
matters relating to the disbursement of money in the Fishing
Industry Research and Development Trust Fund.
(2) The committee consists of:
(a) the Director as chairperson; and
(b) representatives of the fishing industry, and other persons,
appointed by the Minister.
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Fisheries Act 1988 72
(3) A person appointed under subsection (2)(b) holds office for the
period determined by the Minister and may be removed from office
by the Minister at any time.
(4) The committee:
(a) meets at the intervals and times determined by the
chairperson; and
(b) determines its own procedure.
54 Research and development of fisheries
(1) The Minister may from time to time enter into agreements or
arrangements with any person for the purposes of joint research or
development work on fishery resources; and any such agreement
or arrangement may include the use of facilities owned by that
person or by the Territory.
(2) An agreement or arrangement entered into under this section may
permit any person to take fish or aquatic life that the person would
not otherwise be entitled to take from any waters (including waters
where fishing may for the time being be lawfully prohibited or
restricted) and using fishing gear the use of which may otherwise
be lawfully prohibited or restricted, and may permit the person to
retain that fish or aquatic life or any other fish or aquatic life taken
by the person under the agreement or arrangement.
55 Crown land leases for aquaculture
(1) In this section Minister means the Minister administering the
Department allotted the administration of the Crown Lands
Act 1992.
(2) A person may apply to the Minister for a lease of Crown land for the
purposes of aquaculture, and the Minister may, if satisfied that a
licence for those purposes will be granted under this Act, grant a
lease under the Crown Lands Act 1992 for the purposes to which
the licence relates but subject to such terms, conditions,
reservations, and covenants as the Minister thinks fit.
(3) The Minister, in considering an application under subsection (2),
may call for a report from the Director and for this purpose the
Director may require the applicant to furnish such information as the
Director thinks fit.
(4) A lease does not of itself confer upon the lessee the right to exclude
a person from passing over the surface of any water, but the
conditions of the aquaculture licence may require or authorise the
lessee to mark out a lease or part of a lease that indicates that
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Part 5 Miscellaneous matters
Division 2 Other matters
Fisheries Act 1988 73
passage through that area is restricted or prohibited.
(5) The Minister shall not:
(a) refuse or fail to renew a lease; or
(b) forfeit or otherwise terminate a lease,
unless he has given to the lessee reasonable notice of his intention
to do so.
(6) In subsection (5), reasonable notice is 2 years or such less notice
as, in the opinion of the Minister, is fair to the lessee, having regard
to what the lessee has on the leased area or elsewhere.
(7) Notwithstanding subsection (5), the Minister may forfeit or
otherwise terminate a lease forthwith if the aquaculture licence held
by the lessee is cancelled or surrendered.
(8) The Minister may, after receiving a report from the Director, offer a
lease by auction or tender, or advertise that a lease is available.
(9) A Fisheries Officer, in relation to a lease granted pursuant to this
section, may, at any time, enter on the leased land for the purpose
of giving effect to the Crown Lands Act 1992.
56 Conversion factors for greenweight of fish
(1) Except where otherwise expressly provided, a reference in this Act
or in an instrument of a legislative or administrative character made
under it to the weight of fish or aquatic life shall be construed as a
reference to the greenweight of the fish or aquatic life, being the
weight of the fish or aquatic life before any processing (other than
freezing) commences and before any part of the fish or aquatic life
is removed.
(2) The Minister may, by notice in the Gazette, specify conversion
factors which shall, for all purposes and in any proceedings for an
offence against this Act, be used to determine the greenweight of
fish or aquatic life.
57 Acquisition on just terms
If the operation of this Act would, apart from this section, result in
an acquisition of property from a person otherwise than on just
terms:
(a) the person is entitled to receive from the Territory the
compensation necessary to ensure the acquisition is on just
terms; and
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Division 1 Joint Authorities
Fisheries Act 1988 74
(b) a court of competent jurisdiction may decide the amount of
compensation or make the orders it considers necessary to
ensure the acquisition is on just terms.
Part 6 Fisheries arrangements
Division 1 Joint Authorities
58 Powers and functions of Minister
(1) The Minister may exercise a power or perform a function conferred
on the Minister by Part 5 of the Commonwealth Act, including a
power or function of the Minister as a member of a Joint Authority.
(2) Where, in the exercise of a power conferred by Part 5 of the
Commonwealth Act, the Minister appoints a deputy, the deputy may
exercise the powers and perform the functions conferred by that Act
on a deputy of a member of a Joint Authority other than the
Commonwealth Minister.
59 Judicial notice
All courts and persons acting judicially shall take judicial notice of
the signature of a person who is or has been a member of a Joint
Authority or a deputy of a member of a Joint Authority and of the
fact that the person is, or was at a particular time, such a member
or deputy.
60 Functions of Joint Authority
A Joint Authority has such functions in relation to a fishery in
respect of which an arrangement is in force under Division 2 as are
conferred on it by the law in accordance with which, pursuant to the
arrangement, the fishery is to be managed.
61 Delegation
(1) A Joint Authority may, by instrument in writing, either generally or
as otherwise provided by the instrument, delegate to a person a
power under this Act other than this power of delegation.
(2) Where a power delegated by a Joint Authority under subsection (1)
is exercised by a delegate, the power shall, for the purposes of this
Act, be deemed to have been exercised by the Joint Authority.
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Fisheries Act 1988 75
(3) A delegation under this section may be expressed as a delegation
to the person from time to time holding, or performing the duties of,
a specified office, including an office:
(a) in the service of;
(b) in the service of an authority of; or
(c) under a law of,
the Commonwealth, the Territory, a State or another Territory.
(4) A delegate of a Joint Authority is, when exercising delegated
powers, subject to the directions of the Joint Authority.
(5) A delegation under this section by a Joint Authority:
(a) may be revoked, by instrument in writing, by a Joint Authority
(whether or not constituted by the persons constituting the
Joint Authority at the time the power was delegated);
(b) does not prevent the exercise of the power by the Joint
Authority; and
(c) continues in force notwithstanding a change in the
membership of the Joint Authority.
(6) Where, under this Act, the exercise of a power or performance of a
function by a Joint Authority is dependent upon the opinion, belief
or state of mind of the members of that Joint Authority in relation to
a matter and that power or function has been delegated in
pursuance of this section, that power may be exercised or that
function may be performed by a delegate upon the opinion, belief or
state of mind of the delegate in relation to that matter.
(7) A certificate signed by a member of a Joint Authority stating a
matter with respect to a delegation under this section by the Joint
Authority is prima facie evidence of that matter.
(8) A document purporting to be a certificate referred to in
subsection (7) shall, unless the contrary is proved, be deemed to be
such a certificate and to have been duly signed.
(9) Nothing in this Part is intended to prevent a delegation by a Joint
Authority, in accordance with the law of the Commonwealth, of
powers conferred on the Joint Authority by that law of the
Commonwealth.
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Subdivision 1 General matters
Fisheries Act 1988 76
62 Procedure of Joint Authority
(1) The provisions of sections 66 to 68, both inclusive, of the
Commonwealth Act apply to and in relation to the performance by a
Joint Authority of its functions under this Act.
(2) A written record of a decision of a Joint Authority, if signed by the
Commonwealth Minister or the Minister's deputy, who took part in
or made the decision, is prima facie evidence that the decision, as
recorded, was duly made.
(3) In proceedings in a court, an instrument or other document signed
on behalf of a Joint Authority by a member of the Joint Authority
shall be deemed to have been duly executed by the Joint Authority
and is prima facie evidence that it was signed in accordance with a
decision of the Joint Authority.
63 Report of Joint Authority
The Minister shall cause a copy of a report of a Joint Authority
prepared under section 70 of the Commonwealth Act to be laid
before the Legislative Assembly as soon as practicable after
preparation of the report.
Division 2 Arrangements with respect to the management of
fisheries
Subdivision 1 General matters
63A Definition
In this Division:
relevant instrument means:
(a) a licence, endorsement or other instrument; or
(b) a management plan or regulation.
64 Arrangements for management of fisheries
(1) The Territory may, in accordance with section 74 of the
Commonwealth Act, make an arrangement referred to in section 71
or 72 of that Act for the management of a fishery.
(2) Subsection (3) applies after an arrangement has been made under
subsection (1), but before the arrangement takes effect.
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Subdivision 1 General matters
Fisheries Act 1988 77
(3) A relevant instrument may be granted, given or made for the
purposes of the operation of this Act as affected by the
arrangement, as if the arrangement had taken effect, but does not
have effect before the arrangement takes effect.
(4) Within 30 days after an arrangement is made under subsection (1),
the Minister must give notice of its making in the Gazette.
64A Variation and termination of arrangements
(1) An arrangement made under section 64 may be varied or
terminated as provided by the Commonwealth Act.
(2) Subsection (3) applies:
(a) after an instrument varying or terminating an arrangement has
been made; but
(b) before the variation or termination takes effect.
(3) A relevant instrument may be granted, given or made, for the
purposes of the operation of this Act as affected by the variation or
termination of the arrangement, as if the variation or termination
had taken effect, but the relevant instrument does not have effect
before the variation or termination takes effect.
(4) On the variation or termination of an arrangement, a relevant
instrument granted, given or made for the purposes of the operation
of this Act as affected by the arrangement:
(a) in the case of a variation – ceases to have effect to the extent
(if any) it is inconsistent with the arrangement as varied; or
(b) in the case of a termination – ceases to have effect.
(5) Within 30 days after an instrument varying or terminating an
arrangement is made, the Minister must give notice of its making in
the Gazette.
65 Application of this Act to fisheries in accordance with
arrangements
(1) If there is in force an arrangement that provides that a fishery is to
be managed in accordance with the law of the Territory, the
provisions of this Act apply to and in relation to the fishery.
(2) However, those provisions do not apply to or in relation to the
fishery in respect of the following:
(a) foreign boats in the Australian fishing zone;
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Subdivision 1 General matters
Fisheries Act 1988 78
(b) operations on or from foreign boats, or persons on foreign
boats, in the Australian fishing zone;
(c) matters that occurred in or in relation to the Australian fishing
zone before the arrangement took effect.
66 Functions, powers and objects of Joint Authority
(1) Where, in respect of a fishery, there is in force an arrangement
under which a Joint Authority has the management of the fishery
and that fishery is to be managed in accordance with the law of the
Territory, the Joint Authority has the function of keeping constantly
under consideration the condition of the fishery, formulating policies
and plans for the good management of the fishery and, for the
purposes of the management of the fishery, exercising the powers
conferred on it by this Act and co-operating and consulting with the
other authorities, including other Joint Authorities within the
meaning of the Commonwealth Act, in matters of common concern.
(2) A Joint Authority must, in the performance of its functions under this
section, act consistently with, and seek to further, the objects of this
Act.
67 Joint Authority to exercise certain powers instead of Director
(1) Subject to this section, a licence, permit, approval or endorsement
granted, given or made under this Act otherwise than because of
this section or a management plan made under Subdivision 2, does
not authorise the doing of an act or a thing by or in relation to a
Joint Authority fishery.
(2) In respect of a Joint Authority fishery that is to be managed in
accordance with the law of the Territory, the Joint Authority may, to
the exclusion of the Director, exercise the powers conferred on the
Director by or under:
(a) this Act, other than Part 3 and this Part; or
(b) the Regulations.
(2A) In subsection (2), a reference to the powers conferred on the
Director includes:
(a) powers conferred before or after the commencement of this
Part; and
(b) powers with respect to the issue, renewal, cancellation and
suspension of licences.
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Subdivision 1 General matters
Fisheries Act 1988 79
(3) In exercising a power referred to in subsection (2), a Joint Authority:
(a) is not subject to the direction of the Minister; and
(b) must not exercise a power so that a licence granted, given or
made by the Joint Authority applies in relation to a Joint
Authority fishery, or Joint Authority fisheries, not managed by
that Joint Authority.
(4) A Joint Authority may endorse a licence (including such a licence
granted by that Joint Authority or another Joint Authority) so as to
extend the operation of the licence to matters to which the licensing
powers of the Joint Authority under this Act are applicable and,
where such an endorsement is made:
(a) the endorsement ceases to have effect if the licence ceases to
have effect; and
(b) the Joint Authority may suspend or cancel the endorsement as
if it were a licence granted by that Joint Authority.
(5) Subject to section 70(1)(b) and (c), where, at a time a fishery
becomes a Joint Authority fishery, a regulation, notification or order
under this Act would, but for this section, apply to the fishery, the
regulation, notification or order, as the case may be, ceases so to
apply.
(6) This section does not empower a Joint Authority to grant, or to take
other action in respect of, a licence in respect of a foreign boat or to
endorse such a licence.
68 Application of provisions relating to offences
For the purposes of the prosecution of a person for an offence
under this Act in respect of anything done to or in relation to fish to
which a Joint Authority fishery relates or otherwise in relation to a
Joint Authority fishery, any reference in the provision creating the
offence to an authority of a particular kind shall be read as a
reference to such an authority, or an endorsement of such an
authority, granted, issued, renewed or made by the relevant Joint
Authority.
69 Presumption relating to certain statements
A statement in an arrangement to the effect that specified waters:
(a) in the case of an arrangement to which the Commonwealth
and the Territory are the only parties – are waters adjacent to
the Territory; and
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Subdivision 2 Joint Authority fishery management plans
Fisheries Act 1988 80
(b) in the case of another arrangement – are waters adjacent to
the Territory and a State that is a party to the arrangement or
are waters adjacent to the Territory, a specified State or
Territory,
shall, for the purposes of this Act, be conclusive evidence of the
fact so stated.
70 Regulations and notices
(1) Where a Joint Authority is to manage a fishery in accordance with
the law of the Territory, the Administrator may, for the purpose of
giving effect to a decision of the Joint Authority:
(a) make regulations for the management of the fishery;
(b) deem a regulation made otherwise than pursuant to this
section to be a regulation applying to the fishery; or
(c) amend a regulation made otherwise than pursuant to this
section so that it is expressed to apply to the fishery, whether
or not it also applies to another fishery.
(2) The power conferred on the Administrator to make regulations
otherwise than under subsection (1) does not extend to the making
of a regulation of a kind referred to in subsection (1)(a) or (b) or the
amendment of a regulation in the manner referred to in
subsection (1)(c).
(3) Where a regulation affecting a fishery that is to be managed by a
Joint Authority is expressed to be made pursuant to this section, it
shall be conclusively presumed that it was made for the purpose of
giving effect to a decision of the Joint Authority.
Subdivision 2 Joint Authority fishery management plans
70A Joint Authority to prepare management plans
(1) This section applies if a management area or managed fishery that
is a Joint Authority fishery is declared under section 22.
(2) The Joint Authority must, as soon as practicable after the
declaration, prepare a proposed plan for the whole or part of the
management area or managed fishery for the purposes specified in
section 21 and having regard to the need for coordination between
management areas or between managed fisheries or among any of
them.
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Subdivision 2 Joint Authority fishery management plans
Fisheries Act 1988 81
70B Fisheries management advisory committees
(1) For the purposes of assisting the Joint Authority in preparing
proposed plans and giving advice in relation to management plans,
the Joint Authority may, as the Joint Authority thinks fit, from time to
time establish and, after having due regard to the users of an area
or fishery, appoint members to an advisory committee for each
management area or managed fishery.
(2) Each such committee must be chaired by a person nominated by
the Joint Authority and may include members representing
Aboriginal, commercial, processing, wholesaling, retailing,
recreational, consumer or other interests in the area relating to
fishing, fish or aquatic life.
70C Procedure in relation to management plans
(1) A proposed plan being prepared under section 70A must:
(a) contain a description of the management area or managed
fishery; and
(b) make provision in relation to the managed area or managed
fishery with respect to any of the matters specified in
Schedule 2 that the Joint Authority considers applicable.
(2) After preparing a proposed plan under section 70A, the Joint
Authority must give notice of the proposed plan, and the place
where a copy of it may be inspected, in:
(a) the Gazette; or
(b) a newspaper circulating throughout the Territory.
(3) There may be included with each proposed plan prepared under
section 70A, but so as not to form part of the plan:
(a) an outline of the history and status of the fishery; and
(b) the policy and objectives of the plan; and
(c) any other information relating to the fishery that the Joint
Authority thinks fit.
(4) Not less than 1 month after the date of notification under
subsection (2), and after considering any submissions made in
respect of the proposed plan, the Joint Authority may:
(a) make any amendments to the plan that the Joint Authority
thinks fit; and
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Subdivision 2 Joint Authority fishery management plans
Fisheries Act 1988 82
(b) approve the plan, after advising the relevant advisory
committee of any amendments and the reasons for them.
70D Amendments to management plans
(1) If a Joint Authority is of the opinion that an amendment to a
management plan that it has made is required, the Joint Authority
may:
(a) if the proposed amendment is, in the Joint Authority's opinion,
a minor amendment – approve the amendment; or
(b) if the proposed amendment is not, in the Joint Authority's
opinion, a minor amendment – give notice of the proposed
amendment to the plan, and the place or places where a copy
of it may be inspected, in:
(i) the Gazette; or
(ii) a newspaper circulating throughout the Territory.
(2) There may be included with a proposed amendment under
subsection (1) any explanatory notes that the Joint Authority thinks
fit, but those notes do not form part of the proposed amendment or
an amendment to the plan.
(3) Not less than 1 month after the date of notification under
subsection (1)(b), and after considering any submissions made in
respect of the proposed amendment, the Joint Authority may:
(a) make any amendments to the proposed amendment that the
Joint Authority thinks fit; and
(b) approve the amendment, after advising the relevant advisory
committee of any amendments and the reasons for them.
70E Joint Authority may make emergency amendments to
management plans
(1) This section applies if, at any time, an emergency occurs that, in
the opinion of the Joint Authority after consultation with the
appropriate advisory committee (if any), endangers or may
endanger stocks of fish or aquatic life, or any species or class of
fish or aquatic life, in any management area or managed fishery in
respect of which there is a management plan made by the Joint
Authority.
(2) Despite any provision to the contrary in this Act or the management
plan, the Joint Authority may, by Gazette notice, amend the plan to
the extent required by the emergency.
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Part 7 Transitional matters for Fisheries Act 1988
Fisheries Act 1988 83
(3) Subject to this section, an amendment made under subsection (2):
(a) takes effect on the date it is published in the Gazette or any
later date specified in the notice; and
(b) remains in effect for the period not exceeding 90 days
specified in the notice.
(4) A period specified under subsection (3) may be extended for one
further period not exceeding 90 days by a subsequent Gazette
notice published before the expiry of the original period.
(5) The particulars of a Gazette notice published under this section
must be advertised twice in at least one newspaper circulating
generally in the area concerned.
(6) An amendment made under subsection (2):
(a) may be revoked by the Joint Authority at any time; and
(b) is taken to be revoked on the expiry of the period specified in
the Gazette notice published under subsection (2) or a
subsequent Gazette notice published under subsection (4).
Part 7 Transitional matters for Fisheries Act 1988
71 Savings and transitional
(1) In this section, Repealed Acts are the Acts repealed by section 3.
(2) The person appointed Director of Fisheries pursuant to the
Repealed Acts is deemed to have been appointed Director of
Fisheries pursuant to this Act.
(3) A licence, permit, lease, or other authority issued under the Fish
and Fisheries Act 1979 and in force as at the commencement of
this Act shall remain in force as if this Act had not been passed until
such time as the licence, permit, or other authority would have
otherwise expired, but an application for renewal shall be made
pursuant to this Act.
(4) An action, prosecution, or other proceeding begun under the Fish
and Fisheries Act 1979 as then in force before the commencement
of this Act may be continued as if this Act had never commenced.
-- 89 of 107 --
Part 8 Transitional matters for Fisheries Legislation Amendment Act 2016
Fisheries Act 1988 84
(5) An action, prosecution or other proceeding in respect of a thing
done or omitted to be done under the Fish and Fisheries Act 1979
as then in force before the commencement of this Act may be
brought, taken, and prosecuted in the same manner as if this Act
had never commenced.
(6) Regulations made under the Repealed Acts and in force as at the
commencement of this Act shall continue to remain in force as if
they had been made under this Act.
(7) An arrangement made, a Joint Authority established, or other thing
done under Part IIIA of the Fish and Fisheries Act 1979 and in
existence or having effect as at the commencement of this Act shall
be deemed to have been made, established, or done under Part VI
of this Act, and shall exist and have effect accordingly.
(8) Leases granted under the Pearling and Pearl Culture
Ordinance 1964 and saved under section 4(1) of the Fish and
Fisheries Act 1979 and in force as at the commencement of this Act
shall remain in force until they would otherwise expire.
(9) Notices made under the Repealed Acts and in force as at the
commencement of this Act shall remain in force according to their
tenor or until repealed under this Act.
(10) Where regulations or notices made under the Repealed Acts
continue to exist as regulations or notices under this section and a
reference is made in them to a section of the Repealed Acts, that
reference shall be construed, where possible, as a reference to an
appropriate or relevant provision in this Act.
Part 8 Transitional matters for Fisheries Legislation
Amendment Act 2016
72 Definitions
In this Part:
amending Act means the Fisheries Legislation Amendment
Act 2016.
commencement means the commencement of the amending Act.
new Act means this Act as amended by the amending Act.
old Act means this Act as in force immediately before the
commencement.
-- 90 of 107 --
Part 8 Transitional matters for Fisheries Legislation Amendment Act 2016
Fisheries Act 1988 85
73 Offence provisions – before and after commencement
(1) The offence provisions, as amended by the amending Act, apply
only in relation to offences committed after the commencement.
(2) The offence provisions, as in force before the commencement,
continue to apply in relation to offences committed before the
commencement.
(3) For this section, if any of the conduct constituting an offence
occurred before the commencement, the offence is taken to have
been committed before the commencement.
(4) In this section:
offence provisions means the provisions of this Act that create or
relate to offences (including in relation to criminal responsibility,
defences and penalties).
74 Licences, permits and vessel registration
(1) A licence in effect under section 11 of the old Act continues after
the commencement in accordance with its terms and conditions as
if it had been granted under section 13 of the new Act.
(2) Section 16(3) of the new Act applies to a licence under section 11
of the old Act that had expired but could be renewed under
section 12(2) of the old Act.
(3) A permit in effect under section 16 of the old Act continues after the
commencement in accordance with its terms and conditions as if it
had been granted under section 13 of the new Act.
(4) A special permit in effect under section 17 of the old Act continues
after the commencement in accordance with its terms and
conditions as if it had been granted under section 17 of the new
Act.
(5) A vessel registered under section 18 of the old Act is taken after the
commencement to be registered under section 18 of the new Act
for the remainder of the period for which it was registered under the
old Act.
75 Pending applications
(1) This section applies if, before the commencement:
(a) an application was made for a licence, permit, special permit
or registration of a vessel; and
-- 91 of 107 --
Part 8 Transitional matters for Fisheries Legislation Amendment Act 2016
Fisheries Act 1988 86
(b) the application had not been determined by the Director.
(2) The Director must determine the application under the new Act as if
it were an application for a licence, permit, special permit or
registration of a vessel under the new Act.
76 Pending reviews by Director
(1) This section applies if, before the commencement:
(a) an application was made under section 11A of the old Act for
the review of a decision; and
(b) the review was not finally determined by the Director or person
designated by the Director (designated person).
(2) The Director or designated person must complete the review under
the old Act as if the amending Act had not commenced.
(3) If the Director or designated person grants a licence or permit on a
review, the licence or permit is taken to have been granted under
the new Act.
(4) Section 50 of the old Act applies in respect of the decision made on
the review as if a reference in that section to the Local Court were a
reference to the Civil and Administrative Tribunal.
(5) If the Civil and Administrative Tribunal grants a licence or permit on
a review of a decision to which this section applies, the licence or
permit is taken to have been granted under the new Act.
77 Pending reviews by Local Court
(1) This section applies if, before the commencement:
(a) an application was made under section 50 of the old Act for
the review of a decision; and
(b) the review was not finally determined by the Local Court.
(2) The Local Court must complete the review and make any orders it
considers appropriate under the old Act as if the amending Act had
not commenced.
(3) If the Local Court grants a licence or permit on a review, the licence
or permit is taken to have been granted under the new Act.
-- 92 of 107 --
Part 8 Transitional matters for Fisheries Legislation Amendment Act 2016
Fisheries Act 1988 87
78 Identity cards
An identity card issued to a Fisheries Officer under section 8 of the
old Act continues in effect after the commencement as if it had
been issued under section 8 of the new Act, if:
(a) the card was in effect immediately before the commencement;
and
(b) the card complies with section 8(2) of the new Act.
79 Register
Information that was on a register under section 9 of the old Act
immediately before the commencement is taken, after the
commencement, to be information on a register under section 9 of
the new Act.
80 Pending applications for registration of third party interests
(1) This section applies if, before the commencement:
(a) an application was made for registration of a third party
interest under section 9A of the old Act; and
(b) the application was not decided by the Director.
(2) The Director must complete the application process under
section 9A of the new Act as if the application had been made
under that section on the date that it was made under the old Act.
81 Management plans
A management plan made under Part III of the old Act that was in
effect immediately before the commencement continues in effect
after the commencement as if it had been made under Part 3 of the
new Act.
82 Fishing Industry Research and Development Fund
On the commencement, all money standing to the credit of the
Fishing Industry Research and Development Fund under section 51
of the old Act immediately before the commencement must be
credited to the Fishing Industry Research and Development Trust
Fund established under section 51 of the new Act.
-- 93 of 107 --
Part 8 Transitional matters for Fisheries Legislation Amendment Act 2016
Fisheries Act 1988 88
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.
-- 94 of 107 --
Schedule 1 Acts repealed
Fisheries Act 1988 89
Schedule 1 Acts repealed
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
-- 95 of 107 --
Schedule 2 Matters that may be provided for in a management plan
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;
-- 96 of 107 --
Schedule 2 Matters that may be provided for in a management plan
Fisheries Act 1988 91
(ii) historical fishing patterns and dependence on the
fishery; or
(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
fishery; or
(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
-- 97 of 107 --
Schedule 2 Matters that may be provided for in a management plan
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.
-- 98 of 107 --
Schedule 3 Reviewable decisions
Fisheries Act 1988 93
Schedule 3 Reviewable decisions
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))
Applicant
Imposition or variation of condition of licence or
permit (section 14(1) or (5))
Licensee
Refusal to approve licence transfer
(section 16A(4))
Licensee
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))
Applicant
Revocation of approval of approved operator
(section 17D)
Approved operator
Cancellation or suspension of licence or permit
under section 20A
Licensee
Refusal of application under section 33(3) for
release of property seized
Applicant
-- 99 of 107 --
ENDNOTES
Fisheries Act 1988 94
ENDNOTES
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)
-- 100 of 107 --
ENDNOTES
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
-- 101 of 107 --
ENDNOTES
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)
-- 102 of 107 --
ENDNOTES
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
pt 2A
div 1 hdg ins No. 23, 2016, s 11
pt 2
div 2 hdg rep No. 23, 2016, s 11
pt 2A
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
sub No. 23, 2016, s 11
s 11 amd No. 65, 1994, s 7; No. 24, 1997, s 5; No. 32, 2004, s 6
sub No. 23, 2016, s 11
s 11A ins No. 24, 1997, s 6
amd No. 7, 2004, s 4
rep No. 23, 2016, s 11
s 12 amd No. 65, 1994, s 8; No. 42, 1995, s 3; No. 24, 1997, s 7; No. 32, 2004, s 7
sub No. 23, 2016, s 11
-- 103 of 107 --
ENDNOTES
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
rep No. 23, 2016, s 11
s 12B ins No. 65, 1994, s 9
amd No. 24, 1997, s 9; No. 32, 2004, s 9
rep No. 23, 2016, s 11
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
amd No. 28, 2011, s 5
rep No. 23, 2016, s 11
s 13E ins No. 24, 1997, s 11
rep No. 23, 2016, s 11
s 14 amd No. 65, 1994, s 11; No. 42, 1995, s 3
sub No. 24, 1997, s 11
amd No. 28, 2011, s 5
sub No. 23, 2016, s 11
s 14A ins No. 24, 1997, s 11
amd No. 28, 2011, s 5
rep No. 23, 2016, s 11
s 14B ins No. 30, 2010, s 35
rep No. 23, 2016, s 11
pt 2
div 3 hdg rep No. 23, 2016, s 11
s 15 amd No. 17, 1996, s 6; No. 28, 2011, s 5
sub No. 23, 2016, s 11
s 16 amd No. 25, 2009,s 10
sub No. 23, 2016, s 11
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
sub No. 23, 2016, s 11
pt 2A
div 3 hdg ins No. 23, 2016, s 11
ss 17A – 17J ins No. 23, 2016, s 11
pt 2A
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
sub No. 23, 2016, s 11
s 19 amd No. 65, 1994, s 14
sub No. 23, 2016, s 11
pt 2
div 5 hdg rep No. 23, 2016, s 11
pt 2A
div 5 hdg ins No. 23, 2016, s 11
s 20 amd No. 17, 1996, s 6
sub No. 23, 2016, s 11
ss 20A – 20C ins No. 23, 2016, s 11
pt 2A
div 6 hdg ins No. 23, 2016, s 11
ss 20D – 20G ins No. 23, 2016, s 11
-- 104 of 107 --
ENDNOTES
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
sub No. 23, 2016, s 25
ss 40A – 40B ins No. 23, 2016, s 25
s 41 amd No. 65, 1994, s 26; No. 28, 2011, s 5
sub No. 23, 2016, s 25
s 42 sub No. 23, 2016, s 25
s 43 amd No. 17, 1996, s 6
sub No. 23, 2016, s 25
s 43A ins No. 65, 1994, s 27
amd No. 9, 2016, s 110
sub No. 23, 2016, s 25
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
-- 105 of 107 --
ENDNOTES
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
-- 106 of 107 --
ENDNOTES
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
-- 107 of 107 --
Official source: https://legislation.nt.gov.au/en/Legislation/FISHERIES-ACT-1988