Fisheries (Amendment) Act 2003

i Fisheries (Amendment) Act 2003 Act No. 56/2003 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 1 3. Amendment to definition of "Secretary" 2 4. Evidentiary matters 2 5. Interpretation 2 6. Consequential amendment 3 7. New section 120—Further savings and transitionals 3 120. Saving and transitional provisions—appointments and delegations 3 8. Amendments to definitions 4 9. Annual reports 5 10. New section 41—Transitional provision 6 41. Transitional provision—annual reports 6 11. Other consequential amendments 6 __________________ SCHEDULE—Consequential Amendments 7 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 Fisheries (Amendment) Act 2003 † [Assented to 16 June 2003] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to amend the Fisheries Act 1995 and the Conservation, Forests and Lands Act 1987 to provide for the responsibilities of the Secretary to the Department of Primary Industries under those Acts. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. Victoria No. 56 of 2003 -- 2 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 2 3. Amendment to definition of "Secretary" In section 4(1) of the Fisheries Act 1995, for the definition of "Secretary" substitute— ' "Secretary" means the Secretary to the Department of Primary Industries;'. 4. Evidentiary matters In sections 122(1)(g), 123(8), 124 and 124A of the Fisheries Act 1995, for "under the seal of" substitute "signed by". 5. Interpretation (1) In section 3(1) of the Conservation, Forests and Lands Act 1987— (a) in the definition of "Department", for "Natural Resources and Environment" substitute "Sustainability and Environment"; (b) for the definition of "Secretary" substitute— ' "Secretary" means— (a) in relation to the Fisheries Act 1995 in section 11(2) and Part 9 (except section 94), the Secretary to the Department of Primary Industries; and (b) in any other case, the body corporate established by Part 2;'. (2) In section 3(2) of the Conservation, Forests and Lands Act 1987 for "Natural Resources and Environment" substitute "Sustainability and Environment". s. 3 See: Act No. 92/1995. Reprint No. 3 as at 16 November 2002 and amending Act No. 80/2002. LawToday: www.dms. dpc.vic. gov.au See: Act No. 41/1987. Reprint No. 4 as at 1 January 1999 and amending Act Nos 70/1998, 66/2000, 44/2001 and 72/2001. LawToday: www.dms. dpc.vic. gov.au -- 3 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 3 (3) After section 3(2) of the Conservation, Forests and Lands Act 1987 insert— "(2A) A reference in this Act to anything done or to be done by the Secretary by instrument under seal when referring to the Secretary to the Department of Primary Industries is to be taken to mean done or to be done by the Secretary by instrument in writing.". 6. Consequential amendment In section 98(2) of the Conservation, Forests and Lands Act 1987, for "(e) or (f) the Secretary would, if it" substitute "(e), (f) or (g) the Secretary would, if the Secretary". 7. New section 120—Further savings and transitionals After section 119 of the Conservation, Forests and Lands Act 1987 insert— "120. Saving and transitional provisions— appointments and delegations If immediately before the commencement of the Fisheries (Amendment) Act 2003 there was in force— (a) an appointment of an authorised officer under section 83 for the purposes of the Fisheries Act 1995; or (b) a delegation under section 11(2) by the body corporate established under Part 2 of a power, function or duty under the Fisheries Act 1995— that appointment or delegation continues in force subject to this Act and the Fisheries Act 1995 as if it were an appointment or delegation made by the Secretary to the Department of Primary Industries.". s. 6 -- 4 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 4 8. Amendments to definitions (1) In section 3(1) of the Surveillance Devices Act 1999— (a) in the definition of "chief law enforcement officer", in paragraph (c), for "the Secretary" substitute "the person who appointed the authorised officer under that Act"; (b) omit the definition of "Secretary"; (c) in the definition of "senior law enforcement officer", in paragraph (c), for "the Secretary" substitute "the person who appointed the authorised officer under that Act". (2) For section 3(5) of the Surveillance Devices Act 1999 substitute— "(5) If under the Public Sector Management and Employment Act 1998 the name of the Department of Sustainability and Environment is changed, a reference in section 37(1)(c) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name. (6) If under the Public Sector Management and Employment Act 1998 the name of the Department of Primary Industries is changed, a reference in section 37(1)(d) to that Department must, from the date when the name is changed, be treated as a reference to the Department by its new name.". s. 8 See: Act No. 21/1999 and amending Act Nos 61/2001, 18/2002 and 35/2002. LawToday: www.dms. dpc.vic. gov.au -- 5 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 5 9. Annual reports In section 37(1) of the Surveillance Devices Act 1999— (a) in paragraph (c)— (i) after "Secretary" insert "to the Department of Sustainability and Environment"; (ii) in sub-paragraph (i), after "1987" insert "(other than those authorised officers appointed for the purposes of the Fisheries Act 1995)"; (iii) in sub-paragraph (ii), for "appropriate." substitute "appropriate;"; (b) after paragraph (c) insert— "(d) the Secretary to the Department of Primary Industries must submit a report to the Minister that includes the following information— (i) the number of applications for warrants by and the number of warrants issued to authorised officers within the meaning of the Fisheries Act 1995 during that year; and (ii) any other information relating to the use of surveillance devices and the administration of this Act that the Minister considers appropriate.". s. 9 -- 6 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 6 10. New section 41—Transitional provision After section 40 of the Surveillance Devices Act 1999 insert— "41. Transitional provision—annual reports Despite section 37(1) as amended by the Fisheries (Amendment) Act 2003, the first annual report submitted under section 37(1)(c) after the commencement of that Act must include information relating to warrants that were applied for or issued for the purposes of the Fisheries Act 1995 during the calendar year to which the report relates.". 11. Other consequential amendments The Act specified in the heading to an item in the Schedule is amended as set out in that item. __________________ s. 10 -- 7 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 7 SCHEDULE CONSEQUENTIAL AMENDMENTS 1. Agricultural and Veterinary Chemicals (Control of Use) Act 1992 1.1 In section 4(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 1.2 In section 4(6), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 2. Agricultural Industry Development Act 1990 In section 3, in the definition of "Department Head", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 3. Barley Marketing Act 1993 3.1 In section 3(1), in the definition of "Victorian Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 3.2 In section 3(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 4. Broiler Chicken Industry Act 1978 4.1 In section 2, in the definition of "Department Head", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 4.2 In section 5(1) and (2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 5. Dairy Act 2000 In section 3, in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". Sch. -- 8 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 8 6. Domestic (Feral and Nuisance) Animals Act 1994 6.1 In section 3(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 6.2 In section 3(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 7. Drugs, Poisons and Controlled Substances Act 1981 7.1 In section 61(1), for the definition of "Secretary", substitute— ' "Secretary" means the Secretary to the Department of Primary Industries;'. 7.2 In section 119(ea), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 8. Extractive Industries Development Act 1995 8.1 In section 3(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 8.2 In section 3(2)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 9. Livestock Disease Control Act 1994 9.1 In section 3(1), in the definition of "Secretary", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 9.2 In sections 3(2) and 87(3)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 10. Meat Industry Act 1993 10.1 In section 3(1), in the definitions of "chief veterinary officer" and "Secretary", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 10.2 In sections 3(1A), 30(6) and 48(2)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". Sch. -- 9 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 9 11. Melbourne Market Authority Act 1977 In section 40(2)(c), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 12. Mineral Resources Development Act 1990 12.1 In section 4(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 12.2 In section 4(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 13. Murray Valley Citrus Marketing Act 1989 13.1 In section 3(1), in paragraph (a) of the definition of "Directors", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 13.2 In section 3(1), in the definition of "State director", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 13.3 In sections 3(2) and 51(3)(b), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 14. Petroleum Act 1998 In section 4, in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 15. Pipelines Act 1967 15.1 In section 23(1) and (2), for "Department of Natural Resources and Environment" (wherever occurring) substitute "Department of Sustainability and Environment". 15.2 In sections 41(2), 42(1)(b) and 47(2)(c) for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 16. Plant Health and Plant Products Act 1995 16.1 In section 3(1), in the definition of "Secretary", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". Sch. -- 10 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 10 16.2 In section 3(1A), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 17. Prevention of Cruelty to Animals Act 1986 17.1 In section 3(1), in the definition of "Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 17.2 In section 3(2), for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". 18. Stock (Seller Liability and Declarations) Act 1993 In section 3(1), in the definitions of "Secretary" and "Secretary of the Department", for "Department of Natural Resources and Environment" substitute "Department of Primary Industries". ═══════════════ Sch. -- 11 of 12 -- Act No. 56/2003 Fisheries (Amendment) Act 2003 11 ENDNOTES † Minister's second reading speech— Legislative Assembly: 7 May 2003 Legislative Council: 10 June 2003 The long title for the Bill for this Act was "to amend the Fisheries Act 1995, the Conservation, Forests and Lands Act 1987, the Surveillance Devices Act 1999 and various other Acts and for other purposes." Endnotes -- 12 of 12 --