Conservation, Forests and Lands (Infringement Notice) (Fisheries) Regulations 2004
Victorian Legislation Parliamentary Documents
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Conservation, Forests and Lands (Infringement
Notice) (Fisheries) Regulations 2004
S.R. No. 11/2004
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 2
3. Amendments to Schedule 2 2
4. Statute law revision 5
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ENDNOTES 6
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STATUTORY RULES 2004
S.R. No. 11/2004
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement
Notice) (Fisheries) Regulations 2004
The Governor in Council makes the following Regulations:
Dated: 3 February 2004
Responsible Minister:
BOB CAMERON
Minister for Agriculture
STEPHANIE LENN
Acting Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend
Schedule 2 to the Conservation, Forests and Lands
(Infringement Notice) Regulations 2002 to—
(a) revoke and amend certain prescribed
offences against the Fisheries Act 1995 for
which an infringement notice may be served
as a consequence of amendments made to the
Fisheries Act 1995; and
(b) prescribe further offences against the
Fisheries Act 1995 for which an
infringement notice may be served; and
(c) prescribe penalties for those prescribed
offences.
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2. Authorising provision
These Regulations are made under section 99 of
the Conservation, Forests and Lands Act 1987.
3. Amendments to Schedule 2
(1) Item 3 of Schedule 2 to the Conservation, Forests
and Lands (Infringement Notice) Regulations
2002 1 is revoked.
(2) For item 4 of Schedule 2 to the Conservation,
Forests and Lands (Infringement Notice)
Regulations 2002 substitute—
"4 6762 An offence
under
section
44(1)(c)
of the
Fisheries
Act 1995
$100 take or attempt to
take fish from
marine waters
without authority".
(3) After item 19 of Schedule 2 to the Conservation,
Forests and Lands (Infringement Notice)
Regulations 2002 insert—
"19A 6741 An offence
under
section
68B(1)(a)
of the
Fisheries
Act 1995
$150 as a person who is
not otherwise
permitted or
authorised under the
Fisheries Act 1995,
possess fish taken
in waters of the
Commonwealth or a
State or Territory of
the Commonwealth
other than Victoria
that are less than the
minimum size, or
that are more than
the maximum size,
specified for that
species of fish
under a law of the
Commonwealth or
that State or
Territory that
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Conservation, Forests and Lands (Infringement Notice)
(Fisheries) Regulations 2004
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corresponds to the
Fisheries Act 1995
or, if there is no
minimum or
maximum size in
that corresponding
law, the specified
size that would
apply if the fish had
been taken in
Victorian waters
19B 6742 An offence
under
section
68B(1)(b)
of the
Fisheries
Act 1995,
other than
an offence
to which
paragraph
(a) of the
penalty at
the foot of
sub-section
(1) of that
section
applies
$150 as a person who is
not otherwise
permitted or
authorised under the
Fisheries Act 1995,
possess fish taken
in waters of the
Commonwealth or a
State or Territory of
the Commonwealth
other than Victoria
that are more than
the catch limit for
that species of fish
under a law of the
Commonwealth or
that State or
Territory that
corresponds to the
Fisheries Act 1995
or, if there is no
maximum catch
limit for that
species of fish in
that corresponding
law, the maximum
catch limit for that
species of fish that
would apply if the
fish had been taken
in Victorian waters
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19C 6743 An offence
under
section
99(1)
of the
Fisheries
Act 1995
$100 as a person who
receives any fish
that is a priority
species for the
purposes of sale,
whether by
wholesale or retail,
fail to keep a
document showing
the name and
address of the
person from whom
the fish was
received, the
species and quantity
of the fish received
from that person
and the date the fish
was received
19D 6744 An offence
under
section
99(2)
of the
Fisheries
Act 1995
$100 as a person who is
required to keep a
document under
section 99(1) of the
Fisheries Act 1995,
fail to produce the
document for
inspection on
demand by an
authorised officer or
member of the
police force
19E 6745 An offence
under
section 100
of the
Fisheries
Act 1995
$100 fail to keep any
document that is
required to be kept
by the Fisheries
Act 1995 for a
period of 3 years
from the date on
which the document
is created or
received".
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4. Statute law revision
In Schedule 2 to the Conservation, Forests and
Lands (Infringement Notice) Regulations 2002—
(a) in item 2, for "section 44(a)" substitute
"section 44(1)(a)";
(b) in item 5, for "section 44(d)" substitute
"section 44(1)(d)".
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ENDNOTES
1 Reg. 3(1): S.R. No. 48/2002. Subsequently amended by S.R. Nos 17/2003
and 122/2003.
Endnotes
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