Victorian Fisheries Authority Act 2016

Authorised by the Chief Parliamentary Counsel Authorised Version i Victorian Fisheries Authority Act 2016 No. 68 of 2016 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Definition of associated 4 5 Intent of Parliament regarding Divisions 2 and 3 of Part 2 6 Part 2—Victorian Fisheries Authority 7 Division 1—Establishment, powers and functions 7 6 Establishment of the Authority 7 7 Objectives of the Authority 7 8 Functions of the Authority 8 9 Powers of the Authority 9 10 Delegation 10 11 Exercise of powers 10 Division 2—Guiding principles 10 12 Principle of integrated decision-making 10 13 Principle of triple bottom-line assessment 11 14 Principle of equity 11 15 Principle of evidence-based approach 11 16 Principle of stakeholder engagement and community participation 11 17 Principle of transparency 12 Division 3—Interpretation and guidance 12 18 Application to Authority 12 Division 4—Administration 12 19 Role of the Minister 12 20 Role of the Secretary 13 Division 5—Victorian Fisheries Authority Board 14 21 Victorian Fisheries Authority Board 14 22 Appointment of directors to Board 14 23 Conditions of appointment of directors 16 -- 1 of 94 -- Section Page ii Authorised by the Chief Parliamentary Counsel 24 Vacancies, resignations, removal from office 16 25 Acting appointments 18 26 Validity of acts or decisions 21 27 Proceedings of the Board 21 28 Resolutions without meetings 22 29 Pecuniary interests of directors 22 30 Disclosure of interests 24 31 Improper use of information 24 32 Disclosure of information 24 33 Conflict of interest and duty 26 Division 6—Chief executive officer and staff of the Authority 26 34 Chief executive officer 26 35 Staff 27 36 Advisory committees 27 37 Delegation 27 Division 7—Financial and administrative 28 38 Financial 28 39 Quarterly performance report 28 40 Annual report 29 41 Reporting to the fisheries sectors 29 42 Annual business plan 29 Part 3—Enforcement and proceedings 31 43 Appointment of authorised officers 31 44 Application of Conservation, Forests and Lands Act 1987 to authorised officers 32 45 Application of Conservation, Forests and Lands Act 1987 to the Authority 32 Part 4—General 33 Division 1—Regulations 33 46 Regulations 33 47 Transitional regulations 33 Division 2—Transitional provisions 34 48 Authorised officers appointed under the Conservation, Forests and Lands Act 1987 employed by the Authority 34 Part 5—Amendment of Fisheries Act 1995 35 49 Consultation principles 35 50 Definitions 35 51 Power to enter into agreements 36 52 Joint Authority to exercise certain powers instead of Minister 36 53 Power to enter into agreements 36 -- 2 of 94 -- Section Page iii Authorised by the Chief Parliamentary Counsel 54 Submissions on management plan 36 55 Duty of public authorities 36 56 Access licences 36 57 Restrictions concerning access licences 37 58 Fish receiver licences 37 59 Aquaculture licences 37 60 Recreational fishery licences 37 61 Group recreational fishery licence 37 62 General permit 38 63 Special provisions concerning general permits for developing fisheries 38 64 Issue of fishery licences 38 65 Minister may determine that licences be publicly sold 39 66 Conditions of fishery licences and permits 39 67 Changes to licence or permit conditions 39 68 Transfer of licence 40 69 Certain licences may be renewed 41 70 Restriction on the re-issue of cancelled licences 42 71 Powers of Secretary to cancel or suspend licences 42 72 Licences or permits must be returned to Secretary 43 73 Registration of financial interests 43 74 Registration of financial interests 43 75 Cancelled transferable licences may be transferred 44 76 Removal notice on cessation of aquaculture activities 44 77 Minister may issue directions 45 78 Compensation arising from the cancellation of access licences under section 62 45 79 Sub-zone orders 45 80 Quota notices 45 81 Transfer of individual quota units 46 82 Offences in relation to individual quota 46 83 Sub-zone abalone orders 46 84 Abalone Fishery Access Licence specification 46 85 Abalone quota unit holding statement 46 86 Notification by holder of an individual abalone quota unit 47 87 Transfer of individual abalone quota units 47 88 Requirement on holder of an Abalone Fishery Access Licence to hold minimum number of individual blacklip abalone quota units 47 89 Penalty for failure to pay royalty or levy 47 90 Forfeiture of individual abalone quota unit 48 91 Protected aquatic biota permits 48 92 Noxious aquatic species permits 48 93 Revocation of permit 49 94 Notice to be given of location of noxious aquatic species 49 95 Seizure and removal of noxious aquatic species 49 96 Prevention of spread of aquatic noxious species 49 -- 3 of 94 -- Section Page iv Authorised by the Chief Parliamentary Counsel 97 Provisions applying to fisheries reserves 50 98 Records of searches 50 99 Information on searches to be included in annual report 50 100 Provisions relating to the seizure of items 50 101 Forfeiture or return of things seized or retained 50 102 Actions that may be taken in the case of seized things subject to automatic forfeiture 51 103 Disposal notice 51 104 Person may claim return of seized thing from Secretary 51 105 Court may make a condemnation order in respect of thing forfeited to Crown 51 106 Retention notices 51 107 Abalone packaging not to be disturbed 52 108 Passage of fish not to be blocked 52 109 Secretary may require details of fish etc. taken or received 52 110 Evidentiary and onus of proof provisions 52 111 Simplification of proof 53 112 Statement to be evidence of authority 53 113 Statement to be evidence of certain matters 53 114 Court may order offenders to take specified actions 53 115 Further prohibition court order 54 116 Prohibition to be in or on specified waters 54 117 Applications for authorities to conduct controlled operations 54 118 Determination of applications 54 119 Matters to be taken into account 54 120 Form of authority 54 121 When can an authority be varied? 55 122 Application for variation of authority 55 123 Determination of application to vary authority 55 124 Form of variation of authority 55 125 Cancellation of authorities 56 126 Notification requirements 56 127 Principal law enforcement officers' reports 56 128 Secretary's reports 56 129 Annual report by Victorian Inspectorate 57 130 Keeping documents connected with authorised operations 58 131 General register 58 132 Inspection of records by Victorian Inspectorate 58 133 No delegations 59 134 Evidence of authorities 59 135 Functions of Commercial Fisheries Licensing Panel 59 136 Reviewable decisions 59 137 Research carried out by Secretary 59 138 Fisheries Plant and Equipment Fund 59 139 Immunity provision 59 140 Availability for inspection 60 141 Secretary may supply names to representative bodies 60 -- 4 of 94 -- Section Page v Authorised by the Chief Parliamentary Counsel 142 Secrecy provision 61 143 Use of information contrary to restrictions 61 144 Application—general provisions 61 145 Levy 62 146 Fisheries notices 62 147 Power of Secretary to cancel licence 62 148 Compensation 62 149 State not liable 62 150 Delegation 62 151 New Part 10A inserted 63 152 Application or referral of disputed claim 76 153 Jurisdiction 76 154 Form of notice of referral 76 155 Parties may vary offer or claim 76 156 Principles to be applied in determining compensation 76 157 Costs 77 158 Schedule 4 amended 77 Part 6—Amendment of other Acts and repeal of Part 5 and this Part 79 Division 1—Catchment and Land Protection Act 1994 79 159 Definitions 79 Division 2—Conservation, Forests and Lands Act 1987 79 160 Definitions 79 Division 3—Crown Land (Reserves) Act 1978 80 161 Definitions 80 Division 4—Environment Protection Act 1970 80 162 Definitions 80 Division 5—Firearms Act 1996 80 163 Authorised officers under the Conservation, Forests and Lands Act 1987 to exercise powers under this Act 80 164 Annual reports 81 Division 6—Flora and Fauna Guarantee Act 1988 82 165 Definitions 82 Division 7—Forests Act 1958 82 166 Definitions 82 Division 8—Land Act 1958 82 167 Definitions 82 -- 5 of 94 -- Section Page vi Authorised by the Chief Parliamentary Counsel Division 9—Land Conservation (Vehicle Control) Act 1972 83 168 Proceedings for contravention of regulations 83 Division 10—National Parks Act 1975 83 169 Definitions 83 Division 11—Public Administration Act 2004 84 170 Persons with functions of public service body Head 84 Division 12—Surveillance Devices Act 1999 84 171 Definitions 84 172 Application of Division 85 Division 13—Traditional Owner Settlement Act 2010 85 173 Definition of decision maker 85 Division 14—Wildlife Act 1975 86 174 Definitions 86 Division 15—Consequential amendments to notes in the Fisheries Act 1995 and Conservation, Forests and Lands Act 1987 86 175 Court may prohibit persons from recreational fishing 86 176 Appointment of authorised officers 86 Division 16—Repeal of Part 5 and this Part 87 177 Repeal of Part 5 and this Part 87 ═══════════════ Endnotes 88 1 General information 88 -- 6 of 94 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Victorian Fisheries Authority Act 2016 † No. 68 of 2016 [Assented to 15 November 2016] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to establish the Victorian Fisheries Authority; and Victoria -- 7 of 94 -- Part 1—Preliminary Victorian Fisheries Authority Act 2016 No. 68 of 2016 2 Authorised by the Chief Parliamentary Counsel (b) to make amendments to the Fisheries Act 1995 to enable the Victorian Fisheries Authority and its chief executive officer to perform or exercise regulatory and other functions or powers under that Act; and (c) to make further consequential amendments to the Conservation, Forests and Lands Act 1987, the Fisheries Act 1995 and other Acts. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation by 1 July 2017, it comes into operation on that day. 3 Definitions In this Act— aquaculture licence has the same meaning as it has in the Fisheries Act 1995; associated has the meaning given in section 4; authorised officer means a person appointed under Part 3; Authority means the Victorian Fisheries Authority established under Part 2; Board means the Victorian Fisheries Authority Board established under section 21; Chairperson means the Chairperson of the Board; chief executive officer means the chief executive officer of the Authority; commercial fishery licence means a licence issued under section 38(2) or 41(2) or a permit issued under section 49(2)(g) of the Fisheries Act 1995; -- 8 of 94 -- Part 1—Preliminary Victorian Fisheries Authority Act 2016 No. 68 of 2016 3 Authorised by the Chief Parliamentary Counsel Commercial Fisheries Licensing Panel has the same meaning as it has in the Fisheries Act 1995; Council has the same meaning as it has in the Fisheries Act 1995; discontinued, in respect of a licence, means the licence no longer has effect by operation of Division 5 of Part 8 of the Fisheries Act 1995; emergency has the same meaning as it has in the Emergency Management Act 2013; financial year has the same meaning as it has in the Financial Management Act 1994; fisheries sectors means all of the following, taken collectively— (a) the recreational fishing sector; (b) the commercial fishing sector; (c) the Aboriginal fishing sector; (d) the aquaculture sector; guiding principles means the principles set out in Division 2 of Part 2; licence has the same meaning as it has in the Fisheries Act 1995; Licensing Appeals Tribunal has the same meaning as it has in the Fisheries Act 1995; public sector body has the same meaning as it has in the Public Administration Act 2004; recreational fishery licence has the same meaning as it has in the Fisheries Act 1995; relevant law has the same meaning as it has in the Conservation, Forests and Lands Act 1987; -- 9 of 94 -- Part 1—Preliminary Victorian Fisheries Authority Act 2016 No. 68 of 2016 4 Authorised by the Chief Parliamentary Counsel representative body has the same meaning as it has in the Fisheries Act 1995; Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources. 4 Definition of associated (1) In this Act, a person is associated with another person or entity who is the holder of a commercial fishery licence or aquaculture licence if the person— (a) holds any relevant financial interest in the business of the other person or entity to which the commercial fishery licence or aquaculture licence relates, or is entitled to exercise any relevant power (including on behalf of anyone else) in the business and, because of that interest or power, is able to exercise significant influence over or with respect to the management or operation of the business; or (b) holds any relevant position (including on behalf of anyone else) in the business; or (c) is the other person's spouse, domestic partner, parent, step-parent, sibling, step-sibling, child, step-child or adopted child. (2) In subsection (1)— domestic partner of a person means— (a) a person who is in a registered domestic relationship within the meaning of the Relationships Act 2008 with the person; or -- 10 of 94 -- Part 1—Preliminary Victorian Fisheries Authority Act 2016 No. 68 of 2016 5 Authorised by the Chief Parliamentary Counsel (b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender); relevant financial interest in the business means— (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; relevant position in a business means the position (however described) of director, partner, trustee, manager or other executive position or secretary; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others— (a) to participate in any directorial, managerial or executive decision; or (b) to elect or appoint any person to any relevant position. (3) For the purposes of the definition of domestic partner in subsection (2), in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case. -- 11 of 94 -- Part 1—Preliminary Victorian Fisheries Authority Act 2016 No. 68 of 2016 6 Authorised by the Chief Parliamentary Counsel 5 Intent of Parliament regarding Divisions 2 and 3 of Part 2 The Parliament does not intend by Divisions 2 or 3 of Part 2 to create in any person any legal right or to give rise to any civil cause of action. -- 12 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 7 Authorised by the Chief Parliamentary Counsel Part 2—Victorian Fisheries Authority Division 1—Establishment, powers and functions 6 Establishment of the Authority (1) There is established a body called the Victorian Fisheries Authority. (2) The Authority— (a) is a body corporate with perpetual succession; and (b) has an official seal; and (c) may sue and be sued; and (d) may acquire, hold and dispose of real and personal property; and (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of the Authority affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of the Authority must be kept in custody as directed by the Authority and must not be used except as authorised by the Authority. 7 Objectives of the Authority The objectives of the Authority are— (a) to promote sustainability and responsibility in fishing and fishing-related activities in Victoria; and (b) to optimise the social, cultural and economic benefits of the fisheries sectors; and (c) to support the development of recreational fishing; and -- 13 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 8 Authorised by the Chief Parliamentary Counsel (d) to support the development of commercial fishing and aquaculture; and (e) to work cooperatively with fisheries management bodies in other States, in Territories and the Commonwealth; and (f) to perform its functions and exercise its powers in any manner it considers best achieves its objectives. 8 Functions of the Authority The functions of the Authority are— (a) to administer schemes for issuing licences and permits and allocating quotas under the Fisheries Act 1995; and (b) to inform and educate the fisheries sectors and the public about rights and obligations in relation to fishing; and (c) to monitor, investigate, enforce and promote compliance with this Act, the Fisheries Act 1995 and other Acts and the regulations made under them in so far as they relate to fishing and fishing activities; and (d) to support the development of sustainability and responsibility in relation to— (i) recreational fishing activities; and (ii) commercial fishing and aquaculture activities; and (e) to develop operational plans and procedures regarding any duty, function or power conferred on the Authority, the chief executive officer or authorised officers under this Act, the Fisheries Act 1995 or any other Act; and -- 14 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 9 Authorised by the Chief Parliamentary Counsel (f) to conduct, coordinate and encourage research activities, including fisheries monitoring and assessment, for the achievement of the objectives of the Authority or the Fisheries Act 1995; and (g) to develop management plans in accordance with the Fisheries Act 1995; and (h) to provide advice to the Minister or Secretary to assist in the development of strategic policy or legislation in relation to the development, use or management of fisheries in Victoria; and (i) to make recommendations to the Minister in relation to the exercise of the Minister's powers, duties and functions under the Fisheries Act 1995; and (j) to administer grants approved by the Minister in relation to fishing and fisheries; and (k) to work with land, water, waterway and coastal managers and public sector bodies to improve fisheries, respond to any emergency or undertake compliance and enforcement activities; and (l) to perform any functions conferred on it by or under any other Act, including acts of another State, a Territory or the Commonwealth. 9 Powers of the Authority For the purpose of performing its functions, the Authority— (a) has the powers conferred on it by or under this Act, the Fisheries Act 1995 and regulations made under that Act, or any other Act; and -- 15 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 10 Authorised by the Chief Parliamentary Counsel (b) may do all other things required or necessary to be done for or in connection with, or as incidental to, the achievement of its objectives or the performance of its functions. 10 Delegation The Authority, by instrument under its official seal, may delegate any power, function or duty of the Authority, other than this power of delegation, to— (a) an employee of the Authority; or (b) any person employed under Part 3 of the Public Administration Act 2004. 11 Exercise of powers (1) The Authority must exercise its powers and perform its functions under this Act or any other Act subject to any written directions given by the Minister. (2) If the Authority is given a written direction under subsection (1), the Authority must publish the direction— (a) in the Government Gazette within 14 days of receiving the direction; and (b) in its annual report; and (c) on its Internet site. Division 2—Guiding principles 12 Principle of integrated decision-making The principle of integrated decision-making means seeking to achieve government policy objectives through coordination between all levels of government and government agencies. -- 16 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 11 Authorised by the Chief Parliamentary Counsel 13 Principle of triple bottom-line assessment The principle of triple bottom-line assessment means an assessment of all the economic, social and environmental costs and benefits taking into account externalities. 14 Principle of equity The principle of equity means— (a) equity between persons irrespective of their— (i) personal attributes, including age, physical ability, ethnicity, culture, gender and financial situation; or (ii) location, including whether in a growth, urban, regional, rural or remote area; (b) equity between generations by not compromising the ability of future generations to meet their needs. 15 Principle of evidence-based approach The principle of an evidence-based approach means considering the best available information when making decisions. 16 Principle of stakeholder engagement and community participation The principle of stakeholder engagement and community participation means— (a) applying, to the extent that it is practicable, the consultation principles set out in section 3A of the Fisheries Act 1995 to decisions; and (b) taking into account the interests of stakeholders and members of the local community in implementing appropriate processes for stakeholder engagement. -- 17 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 12 Authorised by the Chief Parliamentary Counsel 17 Principle of transparency The principle of transparency means members of the public should have access to reliable and relevant information in appropriate forms to facilitate a good understanding of fisheries issues and the process by which decisions in relation to fisheries management are made. Division 3—Interpretation and guidance 18 Application to Authority The Authority must, when exercising its powers, performing its functions or making a decision under this Act or any other Act, have regard to— (a) the objectives of the Authority set out in section 7; and (b) the principles set out in Division 2; and (c) the objectives set out in section 3 of the Fisheries Act 1995; and (d) the consultation principles set out in section 3A of the Fisheries Act 1995. Division 4—Administration 19 Role of the Minister (1) For the purposes of this Act and the Fisheries Act 1995, the role of the Minister is— (a) to be responsible for key strategies and policy relating to fisheries; and (b) to administer this Act and the Fisheries Act 1995; and (c) to exercise the powers, functions and duties of the Minister under this Act and the Fisheries Act 1995. -- 18 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 13 Authorised by the Chief Parliamentary Counsel (2) Nothing in this section limits the roles, powers, functions or duties of the Minister under this Act or any other Act, at common law or under any convention or practice relating to roles, powers, functions or duties of Ministers generally. 20 Role of the Secretary (1) For the purposes of this Act and the Fisheries Act 1995, the role of the Secretary is— (a) to assist the Minister in the administration of this Act and the Fisheries Act 1995; and (b) to exercise the powers of the Secretary under this Act and the Fisheries Act 1995; and (c) to work with, and provide guidance to, the Authority to assist the Authority on matters relating to public administration and governance; and (d) to provide advice to the Minister in relation to strategic policy relating to fisheries; and (e) to coordinate the development of legislation relating to fisheries; and (f) to coordinate any governance framework arrangement that may be agreed between the Minister, the Secretary and the Authority; and (g) to perform any other functions conferred on the Secretary under any other Act. (2) Nothing in this section limits the roles, powers, functions or duties of the Secretary under this Act or any other Act, at common law or under any convention or practice relating to roles, powers, functions or duties of Secretaries generally. -- 19 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 14 Authorised by the Chief Parliamentary Counsel Division 5—Victorian Fisheries Authority Board 21 Victorian Fisheries Authority Board (1) The Authority has a governing body known as the Victorian Fisheries Authority Board. (2) The Board consists of not less than 5 directors and not more than 8 directors. (3) The Minister must appoint by instrument, and in accordance with section 22, directors to the Board including— (a) one director who is to be appointed as the Chairperson; and (b) one director who is to be appointed as the deputy Chairperson. (4) The Board— (a) is responsible for the governance, strategic planning and risk management of the Authority; and (b) may carry out the functions and exercise the powers of the Authority; and (c) must operate consistently with any governance framework requirements agreed by the Minister, the Secretary and the Board. (5) All acts and things done in the name of, or on behalf of, the Authority by or with the authority of the Board are taken to have been done by the Authority. 22 Appointment of directors to Board (1) In appointing a person under section 21, the Minister must, so far as is practicable, ensure that collectively the directors of the Board have skills, knowledge or experience in relation to— -- 20 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 15 Authorised by the Chief Parliamentary Counsel (a) legal practice; and (b) finance or accounting; and (c) public administration or governance; and (d) natural resource management; and (e) fisheries management; and (f) Aboriginal culture and identity as it relates to fishing and fisheries; and (g) stakeholder engagement; and (h) leadership and business management, including human resources; and (i) communications; and (j) marine or freshwater science; and (k) fishing industry operations; and (l) recreational fishing. (2) The Minister must not appoint a person to the Board unless the Minister is satisfied that the person— (a) is not, at the time of appointment, a member of the Council, Licensing Appeals Tribunal or Commercial Fisheries Licensing Panel; and (b) is not, at the time of appointment— (i) the holder of a current commercial fishery licence or aquaculture licence; or (ii) associated with a person or entity who is the holder of a current commercial fishery licence or aquaculture licence; and (c) is not, at the time of appointment, a senior or executive officer of a representative body; and -- 21 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 16 Authorised by the Chief Parliamentary Counsel (d) has not, within the period of 2 years before the appointment, been the holder of a cancelled, suspended or discontinued commercial fishery licence or aquaculture licence. 23 Conditions of appointment of directors (1) A director— (a) holds office for the period specified in the instrument of appointment, being a period of not more than 3 years; and (b) holds office on the terms and conditions (including remuneration and allowances) specified in the instrument of appointment; and (c) may be reappointed; and (d) in respect of the office of director, is subject to the Public Administration Act 2004 (other than Part 3 of that Act). (2) An instrument of appointment may specify other terms and conditions of appointment not inconsistent with this Act. 24 Vacancies, resignations, removal from office (1) The office of a director becomes vacant if the director— (a) becomes an insolvent under administration; or (b) is convicted or found guilty of— (i) an indictable offence; or (ii) an offence that, if committed in Victoria, would be an indictable offence; or (c) is absent from 2 consecutive meetings of the Board without the approval of the Board; or -- 22 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 17 Authorised by the Chief Parliamentary Counsel (d) is removed from office; or (e) retires or resigns. (2) If the office of a director becomes vacant before the end of the term of office, the Minister may appoint a person in accordance with sections 22 and 23 to fill the vacancy and to hold office, subject to this Act, for the remainder of the term. (3) If the office of a director becomes vacant within 6 months before the end of the term of the office, the office may be left vacant for the remainder of the term. (4) A director may resign from office by delivering a signed letter of resignation to the Minister. (5) The Minister may remove a director from office— (a) if the director becomes incapable of performing the director's duties; or (b) if the director is negligent in the performance of those duties; or (c) if the director engages in improper conduct; or (d) if the director fails to declare a pecuniary interest as required by section 29; or (e) if the director is convicted or found guilty of— (i) an offence against this Act; or (ii) an offence against the Fisheries Act 1995 or regulations made under that Act; or (iii) an offence against a relevant law; or (iv) an offence against a corresponding law of another State or a Territory or the Commonwealth; or -- 23 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 18 Authorised by the Chief Parliamentary Counsel (f) if the Minister considers that the person is no longer suitable to hold office as director. 25 Acting appointments (1) The deputy Chairperson must act as Chairperson— (a) if the office of Chairperson is vacant; or (b) during any period when the Chairperson is absent; or (c) if the Chairperson is, for any other reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office. (2) While the deputy Chairperson is acting as Chairperson, the deputy Chairperson— (a) has and may exercise all the powers, and must perform all the functions and duties, of the Chairperson; and (b) is entitled to be paid the remuneration and allowances to which the Chairperson would have been entitled. (3) The Minister may appoint a director to act as deputy Chairperson— (a) during a vacancy in the office of deputy Chairperson; or (b) during any period when the deputy Chairperson is absent; or (c) during any period when the deputy Chairperson is acting as Chairperson; or (d) if the deputy Chairperson is, for any other reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office. -- 24 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 19 Authorised by the Chief Parliamentary Counsel (4) While a director is acting as deputy Chairperson, the director has and may exercise all the powers, and must perform all the functions and duties, of the deputy Chairperson. (5) The Minister may appoint a person to act as a director (other than the Chairperson or deputy Chairperson)— (a) during a vacancy in the office of a director; or (b) during any period when a director is absent; or (c) during any period when a director is acting as deputy Chairperson; or (d) if a director is, for any other reason, unable to attend meetings of the Board or otherwise unable to perform the duties of the office. (6) While a person is acting as a director, the person— (a) has and may exercise all the powers, and must perform all the functions and duties, of a director; and (b) is entitled to be paid the remuneration and allowances to which the director would have been entitled. (7) The Minister must not appoint a person to act as a director unless the Minister is satisfied that the person— (a) is not, at the time of appointment, a member of the Council, Licensing Appeals Tribunal or Commercial Fisheries Licensing Panel; and -- 25 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 20 Authorised by the Chief Parliamentary Counsel (b) is not, at the time of appointment— (i) the holder of a current commercial fishery licence or aquaculture licence; or (ii) associated with a person or entity who is the holder of a current commercial fishery licence or aquaculture licence; and (c) is not, at the time of appointment, a senior or executive officer of a representative body; and (d) has not, within the period of 2 years before the appointment, been the holder of a cancelled, suspended or discontinued commercial fishery licence or aquaculture licence. (8) When making an appointment under subsection (5), the Minister must, so far as is practicable, ensure that collectively the directors of the Board have skills, knowledge or experience in relation to— (a) legal practice; and (b) finance or accounting; and (c) public administration or governance; and (d) natural resource management; and (e) fisheries management; and (f) Aboriginal culture and identity as it relates to fishing and fisheries; and (g) stakeholder engagement; and (h) leadership and business management, including human resources; and -- 26 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 21 Authorised by the Chief Parliamentary Counsel (i) communications; and (j) marine or freshwater science; and (k) fishing industry operations; and (l) recreational fishing. 26 Validity of acts or decisions An act or decision of the Board is not invalid by reason only of— (a) any vacancy in the office of a director; or (b) any defect or irregularity in or in connection with the appointment of a director. 27 Proceedings of the Board (1) Meetings of the Board must be held at the times and places determined by the Board. (2) A majority of the directors for the time being, of whom one director must be the Chairperson or deputy Chairperson, constitutes a quorum of the Board. (3) A question arising at a meeting of the Board must be determined by a majority of votes of directors present and voting on the question. (4) If the voting is equal, the person presiding has a casting, as well as a deliberative vote. (5) A meeting of the Board may be conducted by telephone, closed-circuit television or other means of communication that does not require the physical presence of each director in the same room. (6) The person presiding at a meeting must ensure that minutes of the meeting are kept. (7) Subject to this Act, the Board may regulate its own proceedings. -- 27 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 22 Authorised by the Chief Parliamentary Counsel 28 Resolutions without meetings (1) The Board may— (a) determine that it may make a proposed resolution without a meeting; and (b) determine a method by which directors are to indicate agreement with any proposed resolution. (2) The Board is taken to have made a resolution at a meeting if— (a) without meeting, a majority of the directors entitled to vote on the proposed resolution indicate agreement with the resolution; and (b) that agreement is indicated in accordance with the method determined by the Board under subsection (1); and (c) all the directors were informed of the proposed resolution, or reasonable efforts were made to inform the directors of the proposed resolution. (3) For the purposes of subsection (2)(a), a director is not entitled to vote on a proposed resolution if the director would not have been entitled to vote on that resolution if the matter had been considered at a meeting of the Board. (4) The Board must keep a record of the resolutions made in accordance with this section. 29 Pecuniary interests of directors (1) Subject to subsection (2), a director who has a pecuniary interest in a matter being considered or about to be considered by the Board, as soon as practicable after the relevant facts have come to the director's knowledge, must declare the nature of that interest at a meeting of the Board. -- 28 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 23 Authorised by the Chief Parliamentary Counsel (2) Subsection (1) does not apply if the interest is no greater than that of a member of the public engaged in relevant fishing activities. (3) A person to whom subsection (1) applies must not fail to make a declaration in accordance with that subsection. Penalty: 60 penalty units. (4) The person presiding at a meeting at which a declaration is made under this section must cause a record of the declaration to be made in the minutes of the meeting. (5) Subject to subsection (6), a director who has made a declaration under subsection (1) must not be present during any deliberation with respect to, or vote on, the matter in respect of which the declaration is made. Penalty: 60 penalty units. (6) Subsection (5) does not apply if a director has made a declaration to the Board and the Board resolves that the director may be present during any deliberation with respect to, or vote on, the matter in respect of which the declaration is made. (7) In this section— general permit means a general permit issued under section 49 of the Fisheries Act 1995; relevant fishing activities means fishing activities permitted by— (a) a recreational fishery licence; or (b) a general permit (but not including an authorisation for activities referred to in a permit issued for the purposes of section 49(2)(g) of the Fisheries Act 1995); or -- 29 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 24 Authorised by the Chief Parliamentary Counsel (c) the Traditional Owner Settlement Act 2010, other than taking fish for financial gain. 30 Disclosure of interests (1) If a director has an interest in a matter being considered, or about to be considered, by the Board, the director, as soon as practicable after the relevant facts come to the director's knowledge, must disclose the nature of the interest to the Chairperson. (2) If the Chairperson has an interest in a matter being considered, or about to be considered, by the Board, the Chairperson, as soon as practicable after the relevant facts come to the Chairperson's knowledge, must disclose the nature of the interest to the Minister. (3) The Board must make guidelines specifying the types of interests that a director must disclose for the purposes of this section. (4) The Board must cause guidelines made under this section to be published on the Internet site of the Authority. 31 Improper use of information A person who is, or has been, a director, chief executive officer, authorised officer or employee of the Authority must not make improper use of any information acquired in the course of the person's duties to obtain, directly or indirectly, any pecuniary or other advantage for that person or for any other person. Penalty: 60 penalty units. 32 Disclosure of information (1) A person who is, or has been, a director, chief executive officer, authorised officer or employee of the Authority must not disclose any information -- 30 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 25 Authorised by the Chief Parliamentary Counsel obtained during the course of the person's duties except as authorised under this section. Penalty: 50 penalty units. (2) A person referred to in subsection (1) is authorised and may disclose information obtained in the course of the person's duties— (a) if the person reasonably believes that the disclosure is necessary— (i) for or in connection with the administration of this Act, the regulations or any other Act; or (ii) to assist a relevant person or an authorised officer to exercise a power or perform a duty or function, under this Act or any other Act; or (b) in the following circumstances— (i) for the purposes of any legal proceeding arising out of this Act, the regulations, or any other Act, or of any report of those proceedings; (ii) for the purposes of any other legal proceeding; (iii) to a court or tribunal in the course of a proceeding; (iv) pursuant to an order of a court or tribunal; (v) to the extent reasonably required for any other law enforcement purposes; (vi) with the written authority of the Board or, where related to compliance and enforcement matters, with the written authority of the chief executive officer; -- 31 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 26 Authorised by the Chief Parliamentary Counsel (vii) with the written authority of the person to whom the information relates. (3) In this section— relevant person means— (a) the Director of Public Prosecutions; or (b) a police officer; or (c) a person authorised by the Authority to take proceedings under section 96(1) of the Conservation, Forests and Lands Act 1987; or (d) a person specified for the purposes of section 146 of the Fisheries Act 1995. 33 Conflict of interest and duty A person who ceases to be a director of the Board must not, at any time during the next 2 years— (a) apply for or hold a commercial fishery licence or aquaculture licence; or (b) be appointed as a senior officer or executive officer of a representative body. Penalty: 60 penalty units. Division 6—Chief executive officer and staff of the Authority 34 Chief executive officer (1) The Board, in consultation with the Minister, must employ a chief executive officer of the Authority. (2) The chief executive officer is to be employed subject to terms and conditions that are specified in the instrument of appointment. (3) Subject to and in accordance with the policies and directions given to the chief executive officer by the Authority, the chief executive officer— -- 32 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 27 Authorised by the Chief Parliamentary Counsel (a) is responsible for the administration of the day to day management of the affairs of the Authority; and (b) is responsible for performing the functions and exercising the powers conferred on the chief executive officer under this Act and the Fisheries Act 1995; and (c) may perform any functions or exercise any powers conferred under any other Act. 35 Staff (1) There may be employed under Part 3 of the Public Administration Act 2004 any persons that are necessary for the purposes of performing the functions of the Authority. (2) The Authority may enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body. 36 Advisory committees (1) The Board may appoint advisory committees for the purpose of providing advice and information to assist the Board in the performance of its functions. (2) A member of an advisory committee must be paid any allowances and expenses that are determined by the Board. 37 Delegation (1) The chief executive officer, with the prior approval of the Board, may delegate to a person specified in subsection (2) any power, duty or function of the chief executive officer under this Act or the regulations, the Fisheries Act 1995 or regulations made under that Act, or any other Act, other than— -- 33 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 28 Authorised by the Chief Parliamentary Counsel (a) the powers, duties and functions set out in Part 7A of the Fisheries Act 1995; and (b) this power of delegation. (2) For the purposes of subsection (1), the chief executive officer may delegate to— (a) an employee of the Authority; or (b) any person employed under Part 3 of the Public Administration Act 2004. Division 7—Financial and administrative 38 Financial (1) The Authority must establish and keep a Victorian Fisheries Authority Account. (2) The Authority must pay all money received by it into the account, including income from the investments of the account. (3) Out of the account, the Authority must pay— (a) the expenses incurred by it in carrying out its functions and powers; and (b) any other expenses incurred in the administration of this Act. 39 Quarterly performance report (1) The Authority must prepare a quarterly performance report for each quarter of each financial year. (2) The quarterly performance report must be prepared in accordance with any guidelines agreed by the Authority, the Secretary and the Minister. (3) The quarterly performance report must include— (a) financial statements; and -- 34 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 29 Authorised by the Chief Parliamentary Counsel (b) any other matter set out in guidelines agreed under subsection (2). (4) The Authority must submit a quarterly report to the Secretary within 30 days of the report being prepared. 40 Annual report (1) On or before 30 September each year the Authority must submit to the Minister a report of its operations for the financial year ending on 30 June that year. (2) The report must be prepared in accordance with Part 7 of the Financial Management Act 1994. (3) The Minister must cause each annual report that the Minister receives under this section to be laid before each House of Parliament within 7 sitting days after receiving it. 41 Reporting to the fisheries sectors (1) Within one month after an annual report is tabled by the Minister under section 40(3), the Authority must ensure that a copy of the report is published on its Internet site. (2) The Authority must present its annual report to the fisheries sectors. (3) For the purposes of subsection (2), the Authority may present its annual report in any form or forum it considers appropriate. 42 Annual business plan (1) Each year the Authority must submit to the Minister for approval, on or before the date required by the Minister, a draft business plan that sets out— (a) its objectives and priorities for the next 3 financial years; and -- 35 of 94 -- Part 2—Victorian Fisheries Authority Victorian Fisheries Authority Act 2016 No. 68 of 2016 30 Authorised by the Chief Parliamentary Counsel (b) financial projections for that period; and (c) its budget for the next financial year; and (d) what it intends to do over the next financial year; and (e) any other matters that the Minister requires in writing. (2) After amending its draft business plan in any way required by the Minister, the Authority must submit a final business plan to the Minister for approval on or before the date required by the Minister. (3) The Authority must not depart significantly from its budget without first obtaining the approval of the Minister. (4) The Minister may issue guidelines as to what is a significant departure for the purposes of subsection (3). (5) The Authority must have regard to its current business plan in carrying out its functions. (6) The Authority must ensure that a copy of its current business plan is— (a) available for inspection by members of the public at its principal place of business whenever that place is open to the public; and (b) published on the Authority's Internet site. -- 36 of 94 -- Part 3—Enforcement and proceedings Victorian Fisheries Authority Act 2016 No. 68 of 2016 31 Authorised by the Chief Parliamentary Counsel Part 3—Enforcement and proceedings 43 Appointment of authorised officers (1) The Authority may appoint as an authorised officer— (a) any specified employee or a specified class of employees employed by the Authority; or (b) any person employed under Part 3 of the Public Administration Act 2004; or (c) any specified person or a member of any specified class of persons. (2) The Authority may appoint a person or a class of persons referred to in subsection (1) to perform any of the powers, functions or duties of an authorised officer that are specified by the Authority. (3) An appointment may be made under subsection (2) for the whole or any part of Victoria. (4) An authorised officer may be appointed under subsection (1)— (a) for the purposes of this Act, the regulations, and all or any relevant laws; and (b) as a litter enforcement officer for the purposes of the Environment Protection Act 1970; and (c) for the whole or any part of Victoria. (5) The Authority must give to each authorised officer a certificate of appointment stating— (a) the relevant law for the purposes of which the person is appointed as an authorised officer; and -- 37 of 94 -- Part 3—Enforcement and proceedings Victorian Fisheries Authority Act 2016 No. 68 of 2016 32 Authorised by the Chief Parliamentary Counsel (b) whether the person is appointed for the whole or any part of Victoria and, if for a part of Victoria, specifying the part of Victoria for which the person is appointed. 44 Application of Conservation, Forests and Lands Act 1987 to authorised officers For the purposes of this Act, Part 9 (except sections 83 and 84) of the Conservation, Forests and Lands Act 1987 applies to an authorised officer as if the authorised officer were appointed as an authorised officer under the Conservation, Forests and Lands Act 1987. 45 Application of Conservation, Forests and Lands Act 1987 to the Authority (1) For the purposes of this Part, sections 87, 89, 96, 97 (except section 97(3)(b)) and 98 (except section 98(3)(b), (c), (d), (e), (f), 98(8)(a) and (b) and 98(12)) of the Conservation, Forests and Lands Act 1987 apply as if a reference to the Secretary is a reference to the Authority. (2) For the purposes of this Part, sections 88 (except sections 88(1)(c) and (7)), 88A, 97(3)(b) and 98(8)(b) of the Conservation, Forests and Lands Act 1987 apply as if a reference to the Secretary is a reference to the chief executive officer. (3) For the purposes of this Part, section 88 of the Conservation, Forests and Lands Act 1987 applies as if a reference to a certificate under the seal of the Secretary is a reference to a certificate signed by the chief executive officer. -- 38 of 94 -- Part 4—General Victorian Fisheries Authority Act 2016 No. 68 of 2016 33 Authorised by the Chief Parliamentary Counsel Part 4—General Division 1—Regulations 46 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations may— (a) be of general or limited application; and (b) differ according to differences in time, place or circumstances; and (c) provide in a specified case or class of cases for the exemption of persons or things from any of the provisions of the regulations— (i) whether unconditionally or on specified conditions; and (ii) either wholly or to any extent that is specified. 47 Transitional regulations (1) The Governor in Council may make regulations containing provisions of a savings or transitional nature consequent on the enactment of this Act. (2) A provision mentioned in subsection (1) may be retrospective in operation to the commencement of this Act. (3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities) or in any subordinate instrument. (4) This section expires on 1 July 2018. -- 39 of 94 -- Part 4—General Victorian Fisheries Authority Act 2016 No. 68 of 2016 34 Authorised by the Chief Parliamentary Counsel Division 2—Transitional provisions 48 Authorised officers appointed under the Conservation, Forests and Lands Act 1987 employed by the Authority (1) This section applies to a person who— (a) immediately before the commencement day, is an authorised officer appointed under section 83 of the Conservation, Forests and Lands Act 1987; and (b) on the commencement day, is employed by the Authority. (2) For a period of 28 days commencing on and including the commencement day, the person continues to be an authorised officer appointed under section 83 of the Conservation, Forests and Lands Act 1987 unless the Authority appoints the person as an authorised officer under this Act within that period. (3) In this section— commencement day means the day on which section 3 comes into operation. -- 40 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 35 Authorised by the Chief Parliamentary Counsel Part 5—Amendment of Fisheries Act 1995 49 Consultation principles (1) In section 3A(1) of the Fisheries Act 1995, for "or Secretary" substitute ", Secretary or Victorian Fisheries Authority". (2) In section 3A(2)(b) and (c) of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the Victorian Fisheries Authority". 50 Definitions In section 4(1) of the Fisheries Act 1995— (a) insert the following definitions— "chief executive officer means the chief executive officer of the Victorian Fisheries Authority; Victorian Fisheries Authority means the Victorian Fisheries Authority established under the Victorian Fisheries Authority Act 2016."; (b) in the definition of authorised officer, after "of this Act" insert ", a person appointed under Part 3 of the Victorian Fisheries Authority Act 2016 or the chief executive officer"; (c) for the definition of Department substitute— "Department means the Department of Economic Development, Jobs, Transport and Resources;"; (d) for the definition of Secretary substitute— "Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;"; -- 41 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 36 Authorised by the Chief Parliamentary Counsel (e) in the definition of vessel monitoring system, in paragraph (b), for "communication system." substitute "communication system;". 51 Power to enter into agreements In section 13(3) of the Fisheries Act 1995, after "the Secretary" (where thrice occurring) insert "or the Victorian Fisheries Authority". 52 Joint Authority to exercise certain powers instead of Minister In section 22(2) of the Fisheries Act 1995, for "or the Secretary" (where twice occurring) substitute ", the Secretary or the Victorian Fisheries Authority". 53 Power to enter into agreements In section 26(3) of the Fisheries Act 1995, after "the Secretary" (where thrice occurring) insert "or the Victorian Fisheries Authority". 54 Submissions on management plan In section 32(3) and (4) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 55 Duty of public authorities In section 34(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 56 Access licences (1) In section 38(2) and (4) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 38(3), (5) and (7)(d) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". -- 42 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 37 Authorised by the Chief Parliamentary Counsel 57 Restrictions concerning access licences In section 39(2)(a) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 58 Fish receiver licences (1) In section 41(2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 41(3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 59 Aquaculture licences (1) In section 43(2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 43(3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 60 Recreational fishery licences (1) In section 45(2) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 45(3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 61 Group recreational fishery licence In section 46(1), (2), (3) and (5) of the Fisheries Act 1995, for "The Secretary" (wherever occurring) substitute "The Victorian Fisheries Authority". -- 43 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 38 Authorised by the Chief Parliamentary Counsel 62 General permit (1) In section 49(1) and (2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 49(3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 49(4) and (5) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (4) In section 49(5) and (6) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (5) In section 49(8) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 63 Special provisions concerning general permits for developing fisheries In section 50(1) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 64 Issue of fishery licences (1) In section 51(1), (2), (3), (3A), (3B), (3C), (4), (4A)(a), (4A)(b) and (5) of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the Victorian Fisheries Authority". (2) In section 51(3D) and (4) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". -- 44 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 39 Authorised by the Chief Parliamentary Counsel 65 Minister may determine that licences be publicly sold In section 51A(1) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 66 Conditions of fishery licences and permits In section 52(1)(a) and (2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 67 Changes to licence or permit conditions (1) In section 54(1) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (2) In section 54(1A), (1B) and (2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (3) In section 54(3) of the Fisheries Act 1995— (a) for "the Secretary's" substitute "the Victorian Fisheries Authority's"; (b) for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (4) In section 54(4) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (5) In section 54(5) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (6) In section 54(6) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". -- 45 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 40 Authorised by the Chief Parliamentary Counsel 68 Transfer of licence (1) In section 56(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 56(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) in paragraphs (a), (b) and (c), for "the Secretary" substitute "the Victorian Fisheries Authority"; (c) in paragraph (d), for "the Secretary" (where thrice occurring) substitute "the Victorian Fisheries Authority". (3) In section 56(4) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (4) In section 56(5) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (5) In section 56(6) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the Victorian Fisheries Authority". (6) In section 56(7) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the Victorian Fisheries Authority". (7) In section 56(8) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (8) In section 56(8)(b)(iii) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". -- 46 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 41 Authorised by the Chief Parliamentary Counsel 69 Certain licences may be renewed (1) In section 57(1), (1A), (2) and (3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 57(4) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the Victorian Fisheries Authority". (3) In section 57(5) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (4) In section 57(6) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the Victorian Fisheries Authority". (5) In section 57(7) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (6) In section 57(8) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the Victorian Fisheries Authority". (7) In section 57(11) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (8) In section 57(12) and (13) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (9) In section 57(14) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". -- 47 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 42 Authorised by the Chief Parliamentary Counsel 70 Restriction on the re-issue of cancelled licences In section 57B(2) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) in paragraph (a), for "the Secretary" substitute "the Victorian Fisheries Authority". 71 Powers of Secretary to cancel or suspend licences (1) In the heading to section 58 of the Fisheries Act 1995, for "Secretary" substitute "Victorian Fisheries Authority". (2) In section 58(1) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) in paragraph (a), for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 58(2) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) in paragraph (a), for "the Secretary" substitute "the Victorian Fisheries Authority". (4) In section 58(3) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (5) In section 58(5) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (6) In section 58(6) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". -- 48 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 43 Authorised by the Chief Parliamentary Counsel (7) In section 58(7) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 72 Licences or permits must be returned to Secretary (1) In the heading to section 58A of the Fisheries Act 1995, for "Secretary" substitute "Victorian Fisheries Authority". (2) In section 58A(1) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 58A(3) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 73 Registration of financial interests (1) In section 59(2) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (2) In section 59(3) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (3) In section 59(4) and (5) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 74 Registration of financial interests (1) In section 59A(3) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (2) In section 59A(4) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (3) In section 59A(5) and (6) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". -- 49 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 44 Authorised by the Chief Parliamentary Counsel 75 Cancelled transferable licences may be transferred (1) In section 60(1) of the Fisheries Act 1995, after "a court" insert ", the Victorian Fisheries Authority or". (2) In section 60(1)(b) of the Fisheries Act 1995, after "the Secretary" insert "or the Victorian Fisheries Authority". (3) In section 60(2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 76 Removal notice on cessation of aquaculture activities (1) In section 60A(2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 60A(4) and (5) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 60A(6) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (4) In section 60A(7) of the Fisheries Act 1995— (a) for "the Secretary's" substitute "the Victorian Fisheries Authority's"; (b) for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (5) In section 60A(8) of the Fisheries Act 1995, for "the Secretary's" substitute "the Victorian Fisheries Authority's". -- 50 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 45 Authorised by the Chief Parliamentary Counsel 77 Minister may issue directions (1) In section 61(1)(c) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 61(4) of the Fisheries Act 1995, after "Department's" insert "or the Victorian Fisheries Authority's". (3) In section 61(5) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 78 Compensation arising from the cancellation of access licences under section 62 Insert the following heading to section 63 of the Fisheries Act 1995— "Compensation arising from the cancellation of access licences under section 61". 79 Sub-zone orders In section 64AB(3) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 80 Quota notices (1) In section 65(1) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 65(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 65(3) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (4) In section 65(4) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". -- 51 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 46 Authorised by the Chief Parliamentary Counsel 81 Transfer of individual quota units (1) In section 65A(1), (2) and (3)(a) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 65A(4) and (5) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 82 Offences in relation to individual quota (1) In section 66(4) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 66(10) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 83 Sub-zone abalone orders In section 66E(3) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 84 Abalone Fishery Access Licence specification In section 66G of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 85 Abalone quota unit holding statement (1) In section 66H(1) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 66H(2) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". -- 52 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 47 Authorised by the Chief Parliamentary Counsel 86 Notification by holder of an individual abalone quota unit In section 66J(1) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 87 Transfer of individual abalone quota units (1) In section 66K(1) and (2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 66K(4) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 66K(5) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (4) In section 66K(6) and (7) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (5) In section 66K(8) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 88 Requirement on holder of an Abalone Fishery Access Licence to hold minimum number of individual blacklip abalone quota units In section 66O(3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 89 Penalty for failure to pay royalty or levy In section 66Q(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". -- 53 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 48 Authorised by the Chief Parliamentary Counsel 90 Forfeiture of individual abalone quota unit In section 66R(2) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 91 Protected aquatic biota permits (1) In section 72(1) and (2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 72(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) in paragraph (a), for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 72(4) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (4) In section 72(5) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (5) In section 72(6) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 92 Noxious aquatic species permits (1) In section 81(1) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 81(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 81(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; -- 54 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 49 Authorised by the Chief Parliamentary Counsel (b) in paragraph (a), for "the Secretary" substitute "the Victorian Fisheries Authority". (4) In section 81(5) and (6) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 93 Revocation of permit (1) In section 82(1) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (2) In section 82(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 94 Notice to be given of location of noxious aquatic species In section 84 of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 95 Seizure and removal of noxious aquatic species (1) In section 85(3) of the Fisheries Act 1995— (a) for "subsection (1)" substitute "subsection (2)"; (b) for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (2) In section 85(4) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". 96 Prevention of spread of aquatic noxious species In section 86 of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". -- 55 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 50 Authorised by the Chief Parliamentary Counsel 97 Provisions applying to fisheries reserves In section 89(3)(b) and (c) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 98 Records of searches (1) In section 101H(2) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (2) In section 101H(3) of the Fisheries Act 1995, for "The Secretary" substitute "The chief executive officer". 99 Information on searches to be included in annual report In section 101I of the Fisheries Act 1995— (a) for "the Secretary" substitute "the Victorian Fisheries Authority"; (b) for "the Department's annual report of operations under Part 7 of the Financial Management Act 1994" substitute "the Victorian Fisheries Authority's annual report of operations under section 40 of the Victorian Fisheries Authority Act 2016". 100 Provisions relating to the seizure of items In section 104(2) and (5) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 101 Forfeiture or return of things seized or retained (1) In section 106(2) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the chief executive officer". (2) In section 106(3) of the Fisheries Act 1995, for "the Crown." substitute "the Crown and must be paid into the Consolidated Fund.". -- 56 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 51 Authorised by the Chief Parliamentary Counsel (3) In section 106(6) and (7) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 102 Actions that may be taken in the case of seized things subject to automatic forfeiture In section 106AA(1)(b) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 103 Disposal notice In section 106AB(c)(ii) and (d) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 104 Person may claim return of seized thing from Secretary (1) In the heading to section 106AC of the Fisheries Act 1995, for "Secretary" substitute "chief executive officer". (2) In section 106AC(1) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 105 Court may make a condemnation order in respect of thing forfeited to Crown In section 106AE(1) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 106 Retention notices (1) In section 108A(1A) of the Fisheries Act 1995, for "member" substitute "police officer". (2) In section 108A(3) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". -- 57 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 52 Authorised by the Chief Parliamentary Counsel (3) In section 108A(4) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the chief executive officer". 107 Abalone packaging not to be disturbed In section 118B(3)(b) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 108 Passage of fish not to be blocked In section 119(3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 109 Secretary may require details of fish etc. taken or received (1) In the heading to section 120A of the Fisheries Act 1995, for "Secretary" substitute "Chief executive officer". (2) In section 120A(1) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) for "the Secretary" (where twice occurring) substitute "the chief executive officer". (3) In section 120A(2) and (3) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (4) In section 120A(5) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". 110 Evidentiary and onus of proof provisions In section 122(1)(g) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". -- 58 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 53 Authorised by the Chief Parliamentary Counsel 111 Simplification of proof In section 123(8) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the chief executive officer". 112 Statement to be evidence of authority In section 124 of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the chief executive officer". 113 Statement to be evidence of certain matters In section 124A of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the chief executive officer". 114 Court may order offenders to take specified actions (1) In section 129A(5) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (2) In section 129A(6) of the Fisheries Act 1995— (a) for "the Secretary" (where thrice occurring) substitute "the chief executive officer"; (b) for "he or she" substitute "the chief executive officer". (3) In section 129A(7) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the chief executive officer". (4) In section 129A(9) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) for "he or she" substitute "the Victorian Fisheries Authority". -- 59 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 54 Authorised by the Chief Parliamentary Counsel 115 Further prohibition court order In section 130A(2) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 116 Prohibition to be in or on specified waters In section 130B(2) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 117 Applications for authorities to conduct controlled operations (1) In section 131C(1) and (2)(b) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (2) In section 131C(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) for "the Secretary's" substitute "the chief executive officer's". 118 Determination of applications In section 131D of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 119 Matters to be taken into account In section 131E of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 120 Form of authority (1) In section 131F(1)(a) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". -- 60 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 55 Authorised by the Chief Parliamentary Counsel (2) In section 131F(2) of the Fisheries Act 1995, for "the Department" substitute "the chief executive officer". 121 When can an authority be varied? (1) In section 131G(1) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) in paragraph (a), for "the Secretary's" substitute "the chief executive officer's". (2) In section 131G(2) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 122 Application for variation of authority (1) In section 131H(1) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (2) In section 131H(4) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) for "the Secretary's" substitute "the chief executive officer's". 123 Determination of application to vary authority In section 131I(1) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 124 Form of variation of authority In section 131J(a) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". -- 61 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 56 Authorised by the Chief Parliamentary Counsel 125 Cancellation of authorities (1) In section 131K(1) of the Fisheries Act 1995, for "The Secretary" substitute "The chief executive officer". (2) In section 131K(2) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 126 Notification requirements (1) In section 131P(1) of the Fisheries Act 1995— (a) for "the Department" substitute "the Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the chief executive officer". (2) In section 131P(2) of the Fisheries Act 1995, for "The Secretary" substitute "The chief executive officer". (3) In section 131P(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) for "the Secretary" substitute "the chief executive officer". (4) In section 131P(4) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 127 Principal law enforcement officers' reports In section 131R(1) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 128 Secretary's reports (1) In the heading to section 131S of the Fisheries Act 1995, for "Secretary's" substitute "Chief executive officer's". -- 62 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 57 Authorised by the Chief Parliamentary Counsel (2) In section 131S(1) of the Fisheries Act 1995— (a) for "the Secretary" substitute "the chief executive officer"; (b) after "the Victorian Inspectorate" insert "and the Secretary". (3) In section 131S(2)(a) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the chief executive officer". (4) In section 131S(2)(f) and (3) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 129 Annual report by Victorian Inspectorate (1) In section 131T(1) of the Fisheries Act 1995— (a) for "the Secretary" substitute "the chief executive officer"; (b) for "and the Secretary" substitute ", the Secretary and the chief executive officer". (2) In section 131T(2)(a) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (3) In section 131T(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) for "Secretary's opinion" substitute "opinion of the chief executive officer". (4) In section 131T(4) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". (5) In section 131T(5) of the Fisheries Act 1995— (a) in paragraph (a), for "the Secretary's advice" substitute "the advice of the chief executive officer"; -- 63 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 58 Authorised by the Chief Parliamentary Counsel (b) in paragraph (b), for "the Secretary" substitute "the chief executive officer". 130 Keeping documents connected with authorised operations In section 131U of the Fisheries Act 1995, for "The Secretary" substitute "The chief executive officer". 131 General register In section 131V(1) of the Fisheries Act 1995, for "The Secretary" substitute "The chief executive officer". 132 Inspection of records by Victorian Inspectorate (1) In section 131W(1) of the Fisheries Act 1995— (a) for "the Department" substitute "the Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the chief executive officer". (2) In section 131W(2) of the Fisheries Act 1995— (a) in paragraph (a)— (i) for "the Secretary" substitute "the chief executive officer"; (ii) for "the Department" substitute "the Victorian Fisheries Authority"; (b) in paragraph (b) and (c), for "the Department" substitute "the Victorian Fisheries Authority". (3) In section 131W(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The chief executive officer"; (b) for "the Department" substitute "the Victorian Fisheries Authority". -- 64 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 59 Authorised by the Chief Parliamentary Counsel 133 No delegations In section 131X of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 134 Evidence of authorities In section 131Y(b) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer". 135 Functions of Commercial Fisheries Licensing Panel In section 134(a) and (b) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 136 Reviewable decisions In section 137 of the Fisheries Act 1995 omit "by the Secretary". 137 Research carried out by Secretary (1) Insert the following heading to section 140 of the Fisheries Act 1995— "Research carried out by Secretary or Victorian Fisheries Authority". (2) In section 140(1) and (2) of the Fisheries Act 1995, after "the Secretary" insert "or the Victorian Fisheries Authority". 138 Fisheries Plant and Equipment Fund In section 141(2) and (4)(b) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 139 Immunity provision In section 142 of the Fisheries Act 1995, for "Minister, the Secretary, a delegate or deputy of the Minister or the Secretary" substitute "Minister, the Secretary, the Victorian Fisheries -- 65 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 60 Authorised by the Chief Parliamentary Counsel Authority, the chief executive officer, a delegate or deputy of the Minister, Secretary, Victorian Fisheries Authority or chief executive officer, or an employee of the Victorian Fisheries Authority". 140 Availability for inspection For section 145 of the Fisheries Act 1995 substitute— "145 Availability for inspection The Victorian Fisheries Authority must publish on its Internet site a copy of any fisheries notice, Order in Council, notice, declaration, management plan, quota order, conditions imposed by the Victorian Fisheries Authority under section 52 on a class of fishery licence or Ministerial direction.". 141 Secretary may supply names to representative bodies (1) In the heading to section 145A of the Fisheries Act 1995, for "Secretary" substitute "Victorian Fisheries Authority". (2) In section 145A(1) and (2) of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the Victorian Fisheries Authority". (3) In section 145A(3) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". -- 66 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 61 Authorised by the Chief Parliamentary Counsel 142 Secrecy provision After section 146(d) of the Fisheries Act 1995 insert— "(da) a director of the Victorian Fisheries Authority Board, the chief executive officer, or an employee of the Victorian Fisheries Authority;". 143 Use of information contrary to restrictions In section 147A(1)(b) of the Fisheries Act 1995, for "or the Secretary" substitute ", the Secretary or the Victorian Fisheries Authority". 144 Application—general provisions (1) In section 148(2)(a), (c) and (d) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 148(3) of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; (b) for "the Secretary" substitute "the Victorian Fisheries Authority". (3) In section 148(4) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the Victorian Fisheries Authority". (4) In section 148(6) of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". (5) In section 148(9) of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the Victorian Fisheries Authority". (6) In section 148(10) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". -- 67 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 62 Authorised by the Chief Parliamentary Counsel 145 Levy In section 151(1) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 146 Fisheries notices In section 152(5)(c) and (5AA)(b) of the Fisheries Act 1995, for "the Department's website" substitute "the Victorian Fisheries Authority's Internet site". 147 Power of Secretary to cancel licence (1) In section 153H(2) and (3) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 153H(4) of the Fisheries Act 1995, after "the Secretary" insert "or the Victorian Fisheries Authority". 148 Compensation In section 153I(1) of the Fisheries Act 1995, after "the Secretary" insert "or the Victorian Fisheries Authority". 149 State not liable In section 153J(2) of the Fisheries Act 1995— (a) in paragraph (e), after "the Secretary" insert "or the Victorian Fisheries Authority"; (b) in paragraph (f), for "the Secretary" substitute "the Victorian Fisheries Authority". 150 Delegation In section 153K of the Fisheries Act 1995— (a) for "The Secretary" substitute "The Victorian Fisheries Authority"; -- 68 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 63 Authorised by the Chief Parliamentary Counsel (b) for "the Secretary" substitute "the Victorian Fisheries Authority". 151 New Part 10A inserted After Part 10 of the Fisheries Act 1995 insert— "Part 10A—Transitional provisions—Victorian Fisheries Authority Act 2016 198A Definition In this Part, commencement day means the day on which section 3 of the Victorian Fisheries Authority Act 2016 comes into operation. 198B Transitional provision for power to enter into agreements under section 13 On and after the commencement day— (a) any powers, duties or functions that have been conferred on the Secretary by or under section 13 or an agreement made under section 13, as in effect immediately before the commencement day, are taken to be conferred on the Victorian Fisheries Authority; and (b) a reference in an agreement referred to in paragraph (a) to the Secretary is taken to be a reference to the Victorian Fisheries Authority; and (c) any agreement referred to in paragraph (a) has effect as if the Victorian Fisheries Authority had always been a party to the agreement. -- 69 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 64 Authorised by the Chief Parliamentary Counsel 198C Transitional provision for power to enter into agreements under section 26 On and after the commencement day— (a) any powers, duties or functions that have been conferred on the Secretary by or under section 26 or an agreement made under section 26, as in effect immediately before the commencement day, are taken to be conferred on the Victorian Fisheries Authority; and (b) a reference in any agreement referred to in paragraph (a) to the Secretary is taken to be a reference to the Victorian Fisheries Authority; and (c) an agreement referred to in paragraph (a) has effect as if the Victorian Fisheries Authority had always been a party to the agreement. 198D Transitional provision for access licences (1) This section applies if, before the commencement day— (a) a personal representative has made an application to the Secretary under section 38(7)(d); and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority, on the recommendation of the Commercial Fisheries Licensing Panel, must determine the application. -- 70 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 65 Authorised by the Chief Parliamentary Counsel 198E Transitional provision for fishery licences (1) This section applies if, immediately before the commencement day— (a) a person has made an application to the Secretary under section 51; and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198F Transitional provision for changes to licence or permit conditions (1) This section applies if, before the commencement day— (a) the holder of a licence or permit has made an application to the Secretary under section 54(2)(b); and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198G Transitional provision for transfer of licences (1) This section applies if, before the commencement day— (a) the holder of a licence or a registered financial interest in the licence, together with the proposed transferee, have made an application to the Secretary under section 56(2); and (b) the Secretary has not made a decision to refuse or grant the application. -- 71 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 66 Authorised by the Chief Parliamentary Counsel (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198H Transitional provision for licence renewal (1) This section applies if, before the commencement day— (a) the holder of an access licence, a fish receiver licence or any prescribed class of renewable licence has made an application to the Secretary under section 57(1); and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198I Transitional provision for costs of failure to comply with a removal notice on cessation of aquaculture activities (1) This section applies if, before the commencement day, the Secretary has incurred reasonable costs and expenses as a result of the failure of a person to comply with a notice under section 60A(2), as in force immediately before the commencement day. (2) On and from the commencement day— (a) any amount unpaid is a debt due and payable to the Secretary; and (b) section 60A(7) and (8), as in force immediately before the commencement day, continue to apply in respect of that amount. -- 72 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 67 Authorised by the Chief Parliamentary Counsel 198J Transitional provision for transfer of individual quota units (1) This section applies if, before the commencement day— (a) the holder of an access licence in a quota fishery has made an application to the Secretary under section 65A(2); and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198K Transitional provision for abalone quota unit holding statement (1) This section applies if, before the commencement day— (a) the holder of an individual abalone quota unit has made an application to the Secretary under section 66H(2) and paid the prescribed fee; and (b) the Secretary has not provided a copy of the relevant abalone quota unit holding statement. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198L Transitional provision for abalone quota unit holding statement (1) This section applies if, before the commencement day— (a) the holder of an individual abalone quota unit has made an application to the Secretary under section 66K(2); and -- 73 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 68 Authorised by the Chief Parliamentary Counsel (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198M Transitional provision for protected aquatic biota permits (1) This section applies if, before the commencement day— (a) a person has made an application to the Secretary for a permit to take, injure, damage, destroy, possess, keep, display for reward, release into Victorian waters or sell protected aquatic biota under section 72(1)(a) and paid the prescribed fee; and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. 198N Transitional provision for noxious aquatic species permits (1) This section applies if, before the commencement day— (a) a person has made an application for a noxious aquatic species permit under section 81; and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the Victorian Fisheries Authority must determine the application. -- 74 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 69 Authorised by the Chief Parliamentary Counsel 198O Transitional provision for recovery of costs of seizure and removal of noxious aquatic species (1) This section applies if, before the commencement day, an authorised officer has reasonably incurred costs or expenses in carrying out measures specified in a notice under section 85(2). (2) On and from the commencement day— (a) any amount unpaid is a debt due and payable to the Secretary; and (b) section 85(3), as in force immediately before the commencement day, continues to apply in respect of that amount. 198P Transitional provision for prevention of spread of aquatic noxious species (1) This section applies if, before the commencement day— (a) the Secretary has, under section 86, taken action to delay or prevent the spread of noxious aquatic species from the waters in which it is established to other waters; and (b) the Secretary is not satisfied that the action is concluded. (2) On and from the commencement day, section 86 continues to apply as in force immediately before the commencement day until the Secretary is satisfied that the action is concluded. -- 75 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 70 Authorised by the Chief Parliamentary Counsel 198Q Transitional provision for provisions applying to fisheries reserves (1) On and after the commencement day, any power, duty or function conferred upon the Secretary by an Order in Council made under section 89, as in effect immediately before the commencement day, is taken to be conferred on the Victorian Fisheries Authority. (2) An Order in Council to which subsection (1) applies may be varied or revoked as if it were an Order in Council made under section 89. 198R Transitional provision for security for return of thing seized (1) This section applies if, before the commencement day— (a) the Secretary has authorised under section 106(2) the return of a thing seized on condition that the person give security to the Secretary for payment of the value of the thing if it is forfeited; and (b) the security has not been given. (2) On and after the commencement day, section 106(2) continues to apply as in force immediately before the commencement day until the person has given the security to the Secretary. -- 76 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 71 Authorised by the Chief Parliamentary Counsel 198S Transitional provision for claims by Secretary for return of things seized (1) This section applies if, before the commencement day— (a) the Secretary has begun to take reasonable steps under section 106(7) to return a seized thing to its owner; and (b) the Secretary is not satisfied that all reasonable steps have been taken. (2) On and after the commencement day, section 106(7) continues to apply as in force immediately before the commencement day until the Secretary is satisfied that all reasonable steps have been taken. 198T Transitional provision for claim for return of thing seized by Secretary (1) This section applies if, before the commencement day— (a) a person to whom a disposal notice is given has made a claim to the Secretary under section 106AC for return of the thing seized and described in the notice; and (b) the claim has not been determined. (2) On and after the commencement day, the chief executive officer must determine the claim. 198U Transitional provision for applications for condemnation orders (1) This section applies if, before the commencement day— (a) the Secretary has made an application under section 106AE(1); and -- 77 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 72 Authorised by the Chief Parliamentary Counsel (b) the application has not been determined. (2) On and from the commencement day, section 106AE continues to apply as in force immediately before the commencement day until the court determines the application. 198V Transitional provision for costs incurred in removing obstruction (1) This section applies if, before the commencement day, the Secretary has incurred costs under section 119 in removing an obstruction. (2) On and from the commencement day— (a) any amount unpaid is a debt due and payable to the Secretary; and (b) section 119(3), as in force immediately before the commencement day, continues to apply in respect of that amount. 198W Transitional provision for court orders for offenders to take specified actions (1) This section applies if, before the commencement day— (a) the Secretary has done anything under section 129A(5) or (7) to carry out an action that remains to be done under a court order; and (b) the Secretary is not satisfied that the order has been complied with. (2) On and from the commencement day, section 129A(5) and (7) continues to apply as in force immediately before the commencement day until the Secretary is satisfied that the order is complied with. -- 78 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 73 Authorised by the Chief Parliamentary Counsel 198X Transitional provision for court orders for offenders to take specified actions (1) This section applies if, before the commencement day, the Secretary has incurred costs in taking action under section 129A(5) or (7). (2) On and from the commencement day— (a) any amount unpaid is a debt due and payable to the Secretary; and (b) section 129A(9), as in force immediately before the commencement day, continues to apply in respect of that amount. 198Y Transitional provision for further prohibition court orders (1) This section applies if, before the commencement day— (a) the Secretary has made an application under section 130A(2) for an order prohibiting a person from engaging in a specified fishing activity or being in the possession of a specified fish or fishing equipment; and (b) the application has not been determined. (2) On and from the commencement day, section 130A(2) continues to apply as in force immediately before the commencement day until the court determines the application. -- 79 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 74 Authorised by the Chief Parliamentary Counsel 198Z Transitional provision for prohibition to be in or on specified waters (1) This section applies if, before the commencement day— (a) the Secretary has made an application under section 130B(2) for an order prohibiting a person from being in or on specified Victorian waters without a lawful purpose; and (b) the application has not been determined. (2) On and from the commencement day, section 130B(2) continues to apply as in force immediately before the commencement day until the court determines the application. 198ZA Transitional provision for applications for authorities to conduct controlled operations (1) This section applies if, before the commencement day— (a) the proposed principal law enforcement officer for a controlled operation has made an application to the Secretary under section 131C(1); and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the chief executive officer must determine the application. -- 80 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 75 Authorised by the Chief Parliamentary Counsel 198ZB Transitional provision for application for variation of authority (1) This section applies if, before the commencement day— (a) the principal law enforcement officer for a controlled operation, or any other law enforcement officer on behalf of the principal law enforcement officer, has made an application to the Secretary under section 131H(1); and (b) the Secretary has not made a decision to refuse or grant the application. (2) On and after the commencement day, the chief executive officer must determine the application. 198ZC Transitional provision for Secretary's reports (1) This section applies if, before the commencement day— (a) the Victorian Inspectorate has required the Secretary to furnish information under section 131S(3); and (b) the information has not been provided. (2) On and from the commencement day, a requirement for information to which subsection (1) applies is taken to be a requirement made of the chief executive officer. 198ZD Transitional provision for documents and general register On and from the commencement day, the Secretary must furnish to the chief executive officer— -- 81 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 76 Authorised by the Chief Parliamentary Counsel (a) all documents required to be kept under section 131U, as in force immediately before the commencement day; and (b) the general register required to be kept under section 131V, as in force immediately before the commencement day.". 152 Application or referral of disputed claim In section 201 of the Fisheries Act 1995, for "The Secretary" substitute "The Victorian Fisheries Authority". 153 Jurisdiction (1) In section 202(1)(b) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (2) In section 202(2) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 154 Form of notice of referral In section 203(b) and (d) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 155 Parties may vary offer or claim In section 208(a) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 156 Principles to be applied in determining compensation In section 211 of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". -- 82 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 77 Authorised by the Chief Parliamentary Counsel 157 Costs (1) In section 212(1)(a), (b)(i) and (b)(iv) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". (2) In section 212(3) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority". (3) In section 212(4) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority". 158 Schedule 4 amended In Schedule 4 to the Fisheries Act 1995— (a) in clause 6(3)(c), for "the Secretary" substitute "the Victorian Fisheries Authority"; (b) in clause 7(a), for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority"; (c) in clause 8(1), for "the Secretary" substitute "the Victorian Fisheries Authority"; (d) in clause 8(2)— (i) for "The Secretary" substitute "The Victorian Fisheries Authority"; (ii) for "the Secretary" substitute "the Victorian Fisheries Authority"; (e) in clause 9, for "the Secretary" substitute "the Victorian Fisheries Authority"; (f) in clause 10(2)(a)(i), after "by the Secretary" insert "or the Victorian Fisheries Authority"; -- 83 of 94 -- Part 5—Amendment of Fisheries Act 1995 Victorian Fisheries Authority Act 2016 No. 68 of 2016 78 Authorised by the Chief Parliamentary Counsel (g) in clause 10(3), for the definition of records held by the Secretary substitute— "records held by the Secretary or the Victorian Fisheries Authority means the records of catch history as recorded in the Integrated Catch and Effort System maintained by the Department of Economic Development, Jobs, Transport and Resources on behalf of the Secretary and the Victorian Fisheries Authority;". -- 84 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 79 Authorised by the Chief Parliamentary Counsel Part 6—Amendment of other Acts and repeal of Part 5 and this Part Division 1—Catchment and Land Protection Act 1994 159 Definitions In section 3(1) of the Catchment and Land Protection Act 1994, for the definition of authorised officer substitute— "authorised officer means a person appointed to be an authorised officer for the purposes of this Act under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016;". Division 2—Conservation, Forests and Lands Act 1987 160 Definitions (1) In section 3(1) of the Conservation, Forests and Lands Act 1987 insert the following definition— "Victorian Fisheries Authority means the Victorian Fisheries Authority established under Part 2 of the Victorian Fisheries Authority Act 2016;". (2) In section 3(1) of the Conservation, Forests and Lands Act 1987, in the definition of authorised officer, after paragraph (b) insert— "(c) appointed by the Victorian Fisheries Authority under Part 3 of the Victorian Fisheries Authority Act 2016;". -- 85 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 80 Authorised by the Chief Parliamentary Counsel Division 3—Crown Land (Reserves) Act 1978 161 Definitions In section 3 of the Crown Land (Reserves) Act 1978, for the definition of authorised officer substitute— "authorised officer means a person appointed as an authorised officer for the purposes of the Land Act 1958 under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016;". Division 4—Environment Protection Act 1970 162 Definitions In section 4(1) of the Environment Protection Act 1970, in the definition of litter enforcement officer, after paragraph (e) insert— "(f) a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purpose of this Act;". Division 5—Firearms Act 1996 163 Authorised officers under the Conservation, Forests and Lands Act 1987 to exercise powers under this Act (1) Insert the following heading to section 153A of the Firearms Act 1996— "Authorised officers under the Conservation, Forests and Lands Act 1987 and Victorian Fisheries Authority Act 2016 to exercise powers under this Act". -- 86 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 81 Authorised by the Chief Parliamentary Counsel (2) For section 153A(6) of the Firearms Act 1996 substitute— "(6) In this section, authorised officer means any person appointed as an authorised officer under— (a) section 83 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016.". 164 Annual reports (1) In section 153C(2) of the Firearms Act 1996, for "Sustainability and Environment" substitute "Environment, Land, Water and Planning". (2) After section 153C(2) of the Firearms Act 1996 insert— "(3) The chief executive officer of the Victorian Fisheries Authority must provide to the Minister for inclusion in the annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— (a) the number of searches under section 153A(1) conducted during that financial year; and (b) the number and type of firearms, cartridge ammunition, silencers and prescribed items found during the course of those searches; and (c) any other information requested by the Minister.". -- 87 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 82 Authorised by the Chief Parliamentary Counsel Division 6—Flora and Fauna Guarantee Act 1988 165 Definitions In section 3(1) of the Flora and Fauna Guarantee Act 1988, for the definition of authorised officer substitute— "authorised officer means a person appointed as an authorised officer for the purposes of this Act under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016;". Division 7—Forests Act 1958 166 Definitions In section 3(1) of the Forests Act 1958, for the definition of authorised officer substitute— "authorised officer means a person appointed as an authorised officer for the purposes of this Act under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016;". Division 8—Land Act 1958 167 Definitions In section 2A of the Land Act 1958, for the definition of authorised officer substitute— "authorised officer means a person appointed as an authorised officer for the purposes of this Act under— -- 88 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 83 Authorised by the Chief Parliamentary Counsel (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016;". Division 9—Land Conservation (Vehicle Control) Act 1972 168 Proceedings for contravention of regulations For section 4(c) of the Land Conservation (Vehicle Control) Act 1972 substitute— "(c) by a person appointed as an authorised officer for the purposes of this Act under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016; or". Division 10—National Parks Act 1975 169 Definitions In section 3(1) of the National Parks Act 1975, for the definition of authorised officer substitute— "authorised officer means a person appointed as an authorised officer for the purposes of this Act under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016; ". -- 89 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 84 Authorised by the Chief Parliamentary Counsel Division 11—Public Administration Act 2004 170 Persons with functions of public service body Head After section 16(1)(kc) of the Public Administration Act 2004 insert— "(kd) the chief executive officer of the Victorian Fisheries Authority within the meaning of the Victorian Fisheries Authority Act 2016 in relation to the office of the Victorian Fisheries Authority;". Division 12—Surveillance Devices Act 1999 171 Definitions In section 3(1) of the Surveillance Devices Act 1999— (a) insert the following definition— "Victorian Fisheries Authority means the Victorian Fisheries Authority established under Part 2 of the Victorian Fisheries Authority Act 2016;"; (b) in the definition of chief officer, for paragraph (d) substitute— "(d) in relation to the Victorian Fisheries Authority—the chief executive officer appointed by the Board of the Victorian Fisheries Authority;"; (c) in the definition of law enforcement agency, for paragraph (d) substitute— "(d) the Victorian Fisheries Authority;"; -- 90 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 85 Authorised by the Chief Parliamentary Counsel (d) in the definition of law enforcement officer, for paragraph (d) substitute— "(d) in relation to the Victorian Fisheries Authority— (i) an authorised officer appointed by the Victorian Fisheries Authority under Part 3 of the Victorian Fisheries Authority Act 2016; or (ii) a person who is seconded to the Victorian Fisheries Authority, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction;"; (e) in the definition of senior officer, for paragraph (d) substitute— "(d) in relation to the Victorian Fisheries Authority—the chief executive officer appointed by the Board of the Victorian Fisheries Authority;". 172 Application of Division In section 25(a)(ia) and (b) of the Surveillance Devices Act 1999, for "the Department of Economic Development, Jobs, Transport and Resources" substitute "the Victorian Fisheries Authority". Division 13—Traditional Owner Settlement Act 2010 173 Definition of decision maker In section 29(ga), (gb) and (gc) of the Traditional Owner Settlement Act 2010, for "the Secretary" substitute "the Victorian Fisheries Authority". -- 91 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 86 Authorised by the Chief Parliamentary Counsel Division 14—Wildlife Act 1975 174 Definitions In section 3(1) of the Wildlife Act 1975, in the definition of authorised officer— (a) in paragraph (b), for "this Act;" substitute "this Act; or"; (b) after paragraph (b) insert— "(c) a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purposes of this Act;". Division 15—Consequential amendments to notes in the Fisheries Act 1995 and Conservation, Forests and Lands Act 1987 175 Court may prohibit persons from recreational fishing In the note at the foot of section 130AA(2)(c)(i) of the Fisheries Act 1995, for "Secretary" substitute "Victorian Fisheries Authority". 176 Appointment of authorised officers For the note at the foot of section 83 of the Conservation, Forests and Lands Act 1987 substitute— "Notes 1 The Game Management Authority Act 2014 also provides for the appointment of authorised officers for the purposes of all or any relevant laws—see Part 3 of that Act. 2 The Victorian Fisheries Authority Act 2016 also provides for the appointment of authorised officers for the purposes of all or any relevant laws—see Part 3 of that Act.". -- 92 of 94 -- Part 6—Amendment of other Acts and repeal of Part 5 and this Part Victorian Fisheries Authority Act 2016 No. 68 of 2016 87 Authorised by the Chief Parliamentary Counsel Division 16—Repeal of Part 5 and this Part 177 Repeal of Part 5 and this Part Part 5 and this Part are repealed on 1 July 2018. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 93 of 94 -- Endnotes Victorian Fisheries Authority Act 2016 No. 68 of 2016 88 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 15 September 2016 Legislative Council: 13 October 2016 The long title for the Bill for this Act was "A Bill for an Act to establish the Victorian Fisheries Authority, to make amendments to the Fisheries Act 1995 to enable the Victorian Fisheries Authority and its chief executive officer to perform or exercise regulatory functions or powers under that Act, to make further consequential amendments to the Conservation, Forests and Lands Act 1987, the Fisheries Act 1995 and other Acts and for other purposes." -- 94 of 94 --