Fisheries (Further Amendment) 2003

Victorian Legislation and Parliamentary Documents i Fisheries (Further Amendment) Act 2003 Act No. 108/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purpose 1 2. Commencement 2 PART 2—ENFORCEMENT PROVISIONS 3 Division 1—Offences 3 3. Definitions 3 4. Insertion of section 7B 4 7B. Expanded meaning of "possession" of fish or fishing equipment 4 5. Insertion of Division 1A into Part 7 4 Division 1A—Indictable Offences 4 111A. Offence to traffick in a commercial quantity of a priority species 4 111B. Offence to take a commercial quantity of a priority species within 24 hours 5 111C. Offence to possess a commercial quantity of a priority species 5 6. Consequential amendment to section 6 5 7. Insertion of sections 119A and 119B 6 119A. Offence to knowingly make false or misleading statements in relation to priority species 6 119B. Offence to make false or misleading statements 6 Division 2—Amendment to the Confiscation Act 1997 7 8. Additional forfeiture and automatic forfeiture offences 7 Division 3—Powers of Authorised Officers 8 9. Insertion of sections 101A—101I 8 101A. Authorised officer may execute warrant to arrest 8 101B. Powers of arrest 8 101C. Power to arrest person in breach of an order 9 -- 1 of 47 -- Victorian Legislation and Parliamentary Documents Section Page ii 101D. Arrest on reasonable grounds not to be taken to be unlawful 9 101E. Power to arrest person released on bail 10 101F. Power to arrest a person against whom a warrant has been issued 10 101G. Power to search person for priority species 11 101H. Records of searches 13 101I. Information on searches to be included in annual report 13 10. Extension of who may execute a search warrant 14 11. Provision of name and address 14 12. Authorised officers do not commit offences in certain circumstances 14 13. Offence to resist authorised officer performing duty 14 Division 4—Other Enforcement Matters 15 14. Additional requirement to establish defence concerning actions of agents 15 15. Evidentiary and onus of proof provisions 15 16. Insertion of sections 126A and 126B 16 126A. Evidence of weight or measurement 16 126B. Label of can of abalone is evidence of contents 16 17. Time for bringing proceedings 16 18. Insertion of section 128A 16 128A. Additional penalty for agents of licence holders 16 19. Minor consequential amendment 17 20. Increased penalties for corporations 17 21. Insertion of section 130C 18 130C. Contempt of court proceedings if order breached 18 22. Minor consequential amendments to the Magistrates' Court Act 1989 18 PART 3—OTHER AMENDMENTS 19 23. Change to objective 19 24. Insertion of section 11A 19 11A. This Act applies to fisheries reserves on land 19 25. Fisheries reserve management plans 19 26. Alternative method for creating aquaculture licences 19 27. Insertion of section 51A 20 51A. Minister may determine that licences be publicly sold 20 28. Consequential amendment in relation to section 27 21 29. Change to who may hold licence 21 30. Insertion of sections 57A and 57B 22 57A. Transitional provision concerning certain licences held by more than one person 22 57B. Restriction on the re-issue of cancelled licences 23 31. Licence conditions to be displayed 24 -- 2 of 47 -- Victorian Legislation and Parliamentary Documents Section Page iii 32. Removal notice on cessation of aquaculture activities 24 33. Insertion of section 61A 25 61A. Validation of direction published on 3 April 2003 25 34. Compensation arising if access licence cancelled by direction under section 61 25 35. Minister may restrict quota unit transfers involving sub-zones 27 36. Insertion of section 64C 28 64C. No compensation payable for losses resulting from quota orders 28 37. Insertion of section 65B 28 65B. Minister may determine that quota units be publicly sold 28 38. Extension of meaning of "permitted amount" 29 39. Fisheries reserves 29 40. Fisheries Co-Management Council membership 30 41. Insertion of section 141 30 141. Fisheries Plant and Equipment Fund 30 42. Insertion of section 145A 32 145A. Secretary may supply names to peak bodies 32 43. Clarification of intent of suspension 33 44. Levies 33 45. Fisheries notices 33 46. Repeal of abalone access licence fee cap 34 47. Insertion of Part 11 34 PART 11—DETERMINATION OF DISPUTES 34 Division 1—Preliminary Matters 34 199. Application of this Part 34 200. Definitions 34 Division 2—Application/Referral Process 35 201. Application or referral of disputed claim 35 202. Jurisdiction 35 203. Form of notice of referral 36 204. Service of notice of referral on other parties 36 205. Withdrawal application 36 Division 3—Compulsory Conference in the Court 37 206. Compulsory conference 37 207. Objects of compulsory conference 37 208. Parties may vary offer or claim 37 209. Settlement 38 -- 3 of 47 -- Victorian Legislation and Parliamentary Documents Section Page iv Division 4—Determinations 38 210. Determination of claim 38 211. Principles to be applied in determining compensation 38 212. Costs 39 213. Payment of compensation 40 214. Supreme Court—limitation of jurisdiction 40 48. Membership and procedure of bodies 40 49. Additional miscellaneous regulation-making powers 41 50. Minor amendments 42 ═══════════════ ENDNOTES 43 -- 4 of 47 -- Victorian Legislation and Parliamentary Documents 1 Fisheries (Further Amendment) Act 2003† [Assented to 9 December 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purpose The purpose of this Act is— (a) to amend the Fisheries Act 1995— (i) to create various indictable offences in relation to trafficking in, taking and possessing abalone and rock lobster; and Victoria No. 108 of 2003 -- 5 of 47 -- Victorian Legislation and Parliamentary Documents Part 1—Preliminary Matters Fisheries (Further Amendment) Act 2003 Act No. 108/2003 2 (ii) to increase the powers of authorised officers in relation to the enforcement of that Act; and (iii) to facilitate aquaculture activities; and (iv) to modify and clarify the operation of the compensation provisions of that Act; and (v) to generally improve the operation of that Act; and (b) to make consequential amendments to the Confiscation Act 1997 and the Magistrates' Court Act 1989. 2. Commencement (1) This Act (other than sections 5, 29(3), 30, 31, 44 and 46) comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to sub-sections (3) and (4), sections 5 and 44 come into operation on a day or days to be proclaimed. (3) If section 5 does not come into operation before 1 January 2005, it comes into operation on that day. (4) If section 44 does not come into operation before 1 April 2004, it comes into operation on that day. (5) Sections 31 and 46 come into operation on 1 April 2004. (6) Sections 29(3) and 30 come into operation on 31 December 2004. __________________ s. 2 -- 6 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 3 PART 2—ENFORCEMENT PROVISIONS Division 1—Offences 3. Definitions In section 4(1) of the Fisheries Act 1995 insert the following definitions— ' "commercial quantity" means— (a) in the case of abalone, one or more of the following— (i) 100 or more abalone; or (ii) 2 kilograms or more of dried abalone; or (iii) 10 kilograms or more of canned abalone (including the weight of the cans and anything else in the cans); or (iv) 10 kilograms or more of abalone in any other form (including shells, ice or any other thing that cannot readily be separated from the abalone in the form that it is found); (b) in the case of rock lobster, 20 or more rock lobsters; "Department" means the Department of Primary Industries;'. s. 3 See: Act No. 92/1995. Reprint No. 3 as at 16 November 2002 and amending Act Nos 24/2003 and 56/2003. LawToday: www.dms. dpc.vic. gov.au -- 7 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 4 4. Insertion of section 7B After section 7A of the Fisheries Act 1995 insert— '7B. Expanded meaning of "possession" of fish or fishing equipment Without limiting the meaning of "possess", for the purposes of this Act a person possesses a fish or an item of fishing equipment if the fish or item is on any land or premises occupied by him or her, or is under the person's control, unless the person can satisfy the relevant court to the contrary.'. 5. Insertion of Division 1A into Part 7 After Division 1 of the Fisheries Act 1995 insert— 'Division 1A—Indictable Offences 111A. Offence to traffick in a commercial quantity of a priority species (1) A person must not traffick in a commercial quantity of a priority species unless he or she is authorised to do so under this Act. (2) A person who contravenes sub-section (1) is guilty of an indictable offence and is liable to a penalty not exceeding level 5 imprisonment (10 years maximum). (3) Without limiting sub-section (1), a reference to "traffick" in this section includes— (a) preparing a priority species for trafficking; (b) processing a priority species; s. 4 -- 8 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 5 (c) selling a priority species; (d) taking a priority species for sale; (e) receiving a priority species. 111B. Offence to take a commercial quantity of a priority species within 24 hours (1) A person must not, within any 24 hour period, take a commercial quantity of a priority species unless he or she is authorised to do so under this Act. (2) A person who contravenes sub-section (1) is guilty of an indictable offence and is liable to a penalty not exceeding level 6 imprisonment (5 years maximum). 111C. Offence to possess a commercial quantity of a priority species (1) A person must not possess a commercial quantity of a priority species unless he or she is authorised to do so under this Act. (2) A person who contravenes sub-section (1) is guilty of an indictable offence and is liable to a penalty not exceeding level 6 imprisonment (5 years maximum).'. 6. Consequential amendment to section 6 In the heading to Division 2 of Part 7 of the Fisheries Act 1995, before "Offences" insert "Other". s. 6 -- 9 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 6 7. Insertion of sections 119A and 119B After section 119 of the Fisheries Act 1995 insert— "119A. Offence to knowingly make false or misleading statements in relation to priority species A person must not, in making, keeping or furnishing any record, return, account or any other information under this Act in relation to a priority species— (a) make a statement that he or she knows is false or misleading in a material detail; or (b) fail to include any material matter in the record, return, account or information with the knowledge that the failure will cause the record, return, account or information to be false or misleading. Penalty: Level 7 imprisonment (2 years maximum), a fine of 240 penalty units or both. 119B. Offence to make false or misleading statements A person must not, in making, keeping or furnishing any record, return, account or any other information under this Act— (a) make a statement that is false or misleading in a material detail; or s. 7 -- 10 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 7 (b) fail to include any material matter in the record, return, account or information where the failure causes the record, return, account or information to be false or misleading. Penalty: 60 penalty units.". Division 2—Amendment to the Confiscation Act 1997 8. Additional forfeiture and automatic forfeiture offences (1) After item 7(t) in Schedule 1 to the Confiscation Act 1997 insert— "(ta) section 119A (knowingly make false or misleading statements in relation to priority species).". (2) After item 9 in Schedule 2 to the Confiscation Act 1997 insert— "10. An offence against section 111A, 111B or 111C of the Fisheries Act 1995 where— (a) only one offence is charged and the export value at the time of the offence of the fish involved in the offence is $50 000 or more; or (b) more than one offence is charged and the offences are founded on the same facts or form or are part of a series of offences of the same or similar character and the export value at the time, or times, of the offences of the fish involved in the offences is $75 000 or more.". s. 8 -- 11 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 8 Division 3—Powers of Authorised Officers 9. Insertion of sections 101A—101I After section 101 of the Fisheries Act 1995 insert— '101A. Authorised officer may execute warrant to arrest (1) An authorised officer may execute a warrant to arrest issued in respect of an offence under this Act. (2) A warrant to arrest directed to a named authorised officer may be executed by any authorised officer or member of the police force. 101B. Powers of arrest (1) This section applies if an authorised officer or a member of the police force believes on reasonable grounds that a person has committed an offence under this Act. (2) The officer or member may without warrant arrest the person if the officer or member believes on reasonable grounds that the arrest is necessary for any one or more of the following reasons— (a) to ensure the appearance of the person before a court of competent jurisdiction; or (b) to prevent the continuation or repetition of the offence or the commission of a further offence; or (c) to prevent the concealment, loss or destruction of evidence relating to an offence; or s. 9 -- 12 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 9 (d) to prevent the fabrication of evidence in relation to an offence; or (e) to prevent the harassment of, or interference with, a potential witness in proceedings in respect of an offence. (3) The officer or member may ask any other person to assist him or her to arrest an alleged offender, and that other person may assist in the arrest. (4) If an alleged offender is arrested under this section in respect of a summary offence, he or she may only be detained for so long as the reason for the arrest under sub-section (2) continues. The person detaining the alleged offender must release the alleged offender as soon as the reason ceases to exist, regardless of whether or not the alleged offender has been charged with the offence. Note: Division 1(30A) of Part III of the Crimes Act 1958 sets out the procedure that is to be followed by an authorised officer after an arrest under this Division. 101C. Power to arrest person in breach of an order An authorised officer or a member of the police force may without warrant arrest a person who the officer or member suspects is breaching, or has just breached, an order imposed on the person under section 130, 130A or 130B. 101D. Arrest on reasonable grounds not to be taken to be unlawful An arrest under section 101B or 101C does not cease to be lawful merely because it subsequently appears, or is found, that the person arrested did not commit the offence s. 9 -- 13 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 10 the arresting officer believed he or she had committed. 101E. Power to arrest person released on bail (1) An authorised officer may without warrant arrest a person who has been released on bail in respect of an offence under this Act— (a) if the officer suspects on reasonable grounds that the person is breaking, has broken, or is likely to break, any of his or her bail conditions; or (b) if the officer is notified in writing by any surety for the person that the surety believes that the person is likely to break the condition for his or her appearance and for that reason the surety wishes to be relieved of his or her obligations as a surety; or (c) if the officer has reasonable grounds for suspecting that any surety is dead, or that for any other reason the security is no longer sufficient. (2) Sections 24(2) to 24(5) of the Bail Act 1977 apply to an arrest under this section as if a reference in section 24(2) to "sub- section (1)" was a reference to sub- section (1). 101F. Power to arrest a person against whom a warrant has been issued (1) If a warrant to arrest a person who is charged with an offence under this Act has been issued, an authorised officer or a member of the police force may arrest the person even though the officer or member does not have the execution copy of the warrant in his or her possession. s. 9 -- 14 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 11 (2) Sections 65(2) to 65(6) of the Magistrates' Court Act 1989 apply to an arrest under this section as if— (a) a reference in those sections to "sub- section (1)" was a reference to sub- section (1); and (b) a reference to a member of the police force included a reference to an authorised officer. 101G. Power to search person for priority species (1) If an authorised officer, or a member of the police force, suspects on reasonable grounds that a person has on or about his or her body any fish of a priority species that the person is not lawfully authorised to have in his or her possession, the member or officer may search the person. (2) Before searching a person, if the officer or member— (a) is not in uniform, he or she must produce for inspection by the person to be searched evidence of his or her identity as an authorised officer or member of the police force; (b) is in uniform, he or she must produce for inspection by the person to be searched evidence of his or her identity as an authorised officer or member of the police force if asked to do so by the person. s. 9 -- 15 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 12 (3) In searching a person under this section, the officer or member— (a) may run his or her hands over the person's outer clothing; and (b) may require the person to remove any coat, jacket, hat or shoes the person is wearing, and may run his or her hands over the person's remaining outer clothing; and (c) if the officer or member sees or detects any thing that he or she has reasonable grounds for suspecting is, or contains, fish of a priority species, may require the person to surrender that item for inspection; and (d) may use reasonable force to remove an item from a person if the person does not comply with a requirement to remove or surrender the item under paragraph (b) or (c); and (e) may inspect any item that a person has removed or surrendered, or that has been removed from a person; and (f) must conduct the search in a manner that affords, to the extent that the circumstances of the search permit, reasonable privacy to the person being searched; and (g) must conduct the search as quickly as is reasonably practicable in the circumstances of the search. (4) A search must be conducted by a person of the same sex as the person being searched unless it is not reasonable or practicable to do so in the circumstances of the search. s. 9 -- 16 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 13 101H. Records of searches (1) As soon as possible after completing a search, the person who conducted the search must record in writing details of the search, including the grounds on which the search was conducted, the time and place of the search, the name (if known) of the person who was searched and the result of the search. (2) The Chief Commissioner of Police must ensure that a copy of every record created by a member of the police force under this section is given to the Secretary as soon as is practicable after the creation of the record. (3) The Secretary must give a person who has been searched under section 101G a copy of the record of the search without charge if asked to do so by the person within 1 year after the date of the search. 101I. Information on searches to be included in annual report As soon as is practicable after the end of a financial year, the Secretary must provide to the Minister for inclusion in the Department's annual report of operations under Part 7 of the Financial Management Act 1994 a report containing— (a) the number of searches conducted under section 101G in that financial year; and (b) the number and type of priority species found during the course of those searches; and (c) any other information requested by the Minister.'. s. 9 -- 17 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 14 10. Extension of who may execute a search warrant In section 103(3) of the Fisheries Act 1995, for "authorises the" substitute "authorises any". 11. Provision of name and address (1) Insert the following heading to section 109 of the Fisheries Act 1995— "Power to require name and address"; (2) For sections 109(1) and 109(2) of the Fisheries Act 1995 substitute— "(1) This section applies if an authorised officer or a member of the police force believes on reasonable grounds that a person has committed an offence under this Act. (2) The officer or member may demand that the person give details of his or her name and place of residence to the officer or member.". 12. Authorised officers do not commit offences in certain circumstances In section 110A(1) of the Fisheries Act 1995— (a) after "76, 111," insert "111A to 111C,"; (b) for "or 116" substitute ", 116, 119A or 119B". 13. Offence to resist authorised officer performing duty In section 111(2) of the Fisheries Act 1995, after "hinder," insert "resist,". s. 10 -- 18 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 15 Division 4—Other Enforcement Matters 14. Additional requirement to establish defence concerning actions of agents For sections 53(3)(a) and 53(3)(b) of the Fisheries Act 1995 substitute— "(a) that, at the time the offence was committed, there was in force a written agreement between him or her and the person under which the person agreed to comply with all relevant conditions to which the licence was subject and all other relevant requirements of this Act and the regulations; and (b) that he or she did everything else that was reasonably practicable to ensure that the person would comply with the condition; and (c) that he or she did not in any way aid, abet, counsel or procure the person to fail to comply with the condition.". 15. Evidentiary and onus of proof provisions After section 122(3) of the Fisheries Act 1995 insert— '(4) For the purposes of this Act, a reference in section 130(4) of the Magistrates' Court Act 1989 to the "Court" is to be read as a reference to the court hearing the relevant case. Note: This sub-section ensures that if an indictable offence is prosecuted before the Supreme or County Courts, that Court may allow the prosecutor to re-open the prosecution case if the defendant, after the closing of that case, presents or points to evidence that an exception, exemption, proviso, excuse or qualification applies to the defendant.'. s. 14 -- 19 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 16 16. Insertion of sections 126A and 126B After section 126 of the Fisheries Act 1995 insert— "126A. Evidence of weight or measurement In any proceedings for an offence against this Act, the statement on oath of an authorised officer as to any weight, quantity or measurement recorded, observed or taken by the officer is evidence that the weight, quantity or measurement was as stated by the officer at the time of the recording, observation or measurement. 126B. Label of can of abalone is evidence of contents The statement on oath of an authorised officer that a sealed can was labelled with a statement to the effect that the contents of the can contained abalone is evidence that the can contained abalone.". 17. Time for bringing proceedings At the end of section 127 of the Fisheries Act 1995 insert— "(2) Sub-section (1) does not apply to indictable offences.". 18. Insertion of section 128A After section 128 of the Fisheries Act 1995 insert— "128A. Additional penalty for agents of licence holders (1) This section applies if— (a) a court finds a person guilty of an offence against section 53(4); and s. 16 -- 20 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 17 (b) regulations have been made for the purposes of this section specifying one or more classes of licence. (2) In addition to any other penalty the court may impose, the court may prohibit the person from acting for a specified period on behalf of the holder of any licence that is of a class specified by the regulations for the purposes of this section. (3) In making an order, the court— (a) may not specify a period under sub- section (2) of more than 10 years; and (b) may impose any other requirement on the person that it considers necessary or expedient to give effect to the order.". 19. Minor consequential amendment At the foot of section 53(4) of the Fisheries Act 1995 insert— "Note: If a person is convicted under sub-section (4), section 128A enables the court to prohibit the person convicted from acting on behalf of certain classes of licence holders in certain cases.". 20. Increased penalties for corporations At the end of section 129 of the Fisheries Act 1995 insert— "(2) Despite anything to the contrary in this Act or the Sentencing Act 1991, if a court convicts a corporation, or finds a corporation guilty, of an indictable offence against this Act, the court may impose a penalty of up to 5 times the monetary penalty that otherwise applies in respect of the offence.". s. 19 -- 21 of 47 -- Victorian Legislation and Parliamentary Documents Part 2—Enforcement Provisions Fisheries (Further Amendment) Act 2003 Act No. 108/2003 18 21. Insertion of section 130C After section 130B of the Fisheries Act 1995 insert— "130C. Contempt of court proceedings if order breached Nothing in section 130(4), 130A(5) or 130B(6) is intended to prevent the bringing of proceedings for contempt of court against a person who has failed to comply with an order made under section 130, 130A or 130B and who has not had a charge under section 130(4), 130A(5) or 130B(6) in respect of the failure dealt with.". 22. Minor consequential amendments to the Magistrates' Court Act 1989 (1) In section 37(2)(b) of the Magistrates' Court Act 1989— (a) in sub-paragraph (ii), for "Police—" substitute "Police; or"; (b) after sub-paragraph (ii) insert— "(iii) an authorised officer within the meaning of the Fisheries Act 1995—". (2) In Schedule 5 to the Magistrates' Court Act 1989, after clause 8(1)(via) insert— "(vib) an authorised officer within the meaning of the Fisheries Act 1995; or". __________________ s. 21 -- 22 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 19 PART 3—OTHER AMENDMENTS 23. Change to objective For section 3(e) of the Fisheries Act 1995 substitute— "(e) to promote the commercial fishing industry and to facilitate the rationalisation and restructuring of the industry;". 24. Insertion of section 11A After section 11 of the Fisheries Act 1995 insert— "11A. This Act applies to fisheries reserves on land This Act applies to— (a) any fisheries reserve declared under section 88(1)(b) or 88(1)(c); and (b) any land on which an aquaculture activity is being conducted.". 25. Fisheries reserve management plans After section 28(6)(a) of the Fisheries Act 1995 insert— "(aa) be consistent with any guidelines issued under sub-section (2);". 26. Alternative method for creating aquaculture licences After section 43(1) of the Fisheries Act 1995 insert— "(1A) The Minister may, by order published in the Government Gazette, create classes of aquaculture licences to give effect to a management plan and may specify that the holder of an aquaculture licence of a s. 23 -- 23 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 20 particular class may do one or more of the things listed in sub-sections (1)(a) to (1)(c) in the reserve to which the management plan applies. (1B) The Minister may only create a class of aquaculture licence under sub-section (1A) if the draft management plan for the reserve states that the creation of that class of licence will be necessary to give effect to the plan. (1C) A licence of a class of aquaculture licence created under sub-section (1A) is subject to the same fees and levies as apply to a licence of a specified class of aquaculture licence created by the regulations. (1D) In creating a class of aquaculture licence under sub-section (1A), the Minister must, for the purposes of sub-section (1C), specify a class of aquaculture licence created by the regulations.". 27. Insertion of section 51A After section 51 of the Fisheries Act 1995 insert— "51A. Minister may determine that licences be publicly sold (1) This section applies if the Secretary proposes— (a) to issue a new licence (other than a recreational fishery licence); or (b) to re-issue a licence that has been surrendered or cancelled, or that has otherwise become available. (2) The Minister may determine that the licence is to be publicly sold. s. 27 -- 24 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 21 (3) In making a determination, the Minister must specify the method by which the sale is to take place. (4) Without limiting sub-section (3), a sale may occur by auction, tender or ballot.". 28. Consequential amendment in relation to section 27 After section 51(4) of the Fisheries Act 1995 insert— "(4A) In the case of a licence that the Minister has determined under section 51A is to be publicly sold— (a) the Secretary may only issue the licence to the person who was the successful party under the sale process; and (b) the Secretary may only issue the licence to that person if there are no grounds under sub-section (4) to refuse to issue the licence. (4B) For the purposes of sub-section (4A), "the successful party under the sale process" is the first person who pays for the licence under the terms of the sale who is also eligible to be issued the licence under sub- section (4A)(b).". 29. Change to who may hold licence (1) Insert the following definition in section 4(1) of the Fisheries Act 1995— ' "corporation" means a corporation that— (a) has a registered office in Australia; and (b) that holds an Australian Company Number; s. 28 -- 25 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 22 "co-operative" means a body registered as a co-operative— (a) under the Co-operatives Act 1996; or (b) under an equivalent law of another Australian jurisdiction;'. (2) After section 51(3) of the Fisheries Act 1995 insert— "(3A) Despite anything to the contrary in any law, the Secretary may only issue an access licence or an aquaculture licence to an individual, a single corporation or a co-operative—the Secretary must refuse to issue such a licence to a partnership or a consortium. (3B) Despite anything to the contrary in any law, the Secretary may only issue an access licence or an aquaculture licence to an individual who is an Australian resident.". (3) After section 57(11) of the Fisheries Act 1995 insert— "(12) Despite anything to the contrary in this section, the Secretary may not renew an access licence or an aquaculture licence if the licence is held by more than one person.". 30. Insertion of sections 57A and 57B After section 57 of the Fisheries Act 1995 insert— "57A. Transitional provision concerning certain licences held by more than one person (1) If— (a) on the date of commencement of section 30 of the Fisheries (Further Amendment) Act 2003 an access s. 30 -- 26 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 23 licence or an aquaculture licence is held by more than one person; and (b) by the date the licence is due to expire one, and one only, of those people has not applied to the Secretary for the renewal of the licence in accordance with the regulations— the licence is, by force of this section, suspended on the date the licence is due to expire. (2) Despite anything in this Act to the contrary, a suspension under sub-section (1) continues until either— (a) one, and one only, of those people applies to the Secretary for the renewal of the licence in accordance with the regulations and the Secretary renews the licence; or (b) the expiry of 12 months from the date the suspension began— whichever occurs first. (3) If the suspension of a licence ends under sub-section (2)(b), the licence is cancelled. 57B. Restriction on the re-issue of cancelled licences (1) This section applies if a licence is cancelled under this Act. (2) The Secretary must not re-issue the licence unless— (a) within 12 months after the date the licence was cancelled, the Minister, acting on the advice of the Secretary, determines under section 51A that it is to be publicly sold; and s. 30 -- 27 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 24 (b) the successful party under the resulting sale process applies for the re-issue of the licence.". 31. Licence conditions to be displayed At the end of section 52 of the Fisheries Act 1995 insert— "(2) In issuing documentary evidence of a licence (other than a recreational fishery licence) or a quota allocation entitlement, the Secretary must ensure, to the maximum extent that is practicable, that there is displayed on, or attached to, the document the conditions that apply to the licence or entitlement (including those imposed directly by this Act and by the regulations). (3) A failure to comply with sub-section (2) does not affect the validity of the licence or the entitlement nor does it absolve any person from the need to comply with any applicable condition of the licence or entitlement (even if that condition is not displayed on, or attached to, the document evidencing the licence or entitlement).". 32. Removal notice on cessation of aquaculture activities (1) Insert the following heading to section 60A of the Fisheries Act 1995— "Removal notice on cessation of aquaculture activities"; s. 31 -- 28 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 25 (2) For section 60A(1) of the Fisheries Act 1995 substitute— "(1) This section applies if— (a) a person's authorisation to conduct aquaculture activities under an aquaculture licence or a general permit ceases; and (b) the licence or permit related to an area that is Crown land.". (3) In section 60A(2) of the Fisheries Act 1995, after "the licence" insert "or permit". 33. Insertion of section 61A After section 61 of the Fisheries Act 1995 insert— "61A. Validation of direction published on 3 April 2003 (1) The direction given to the Secretary by the Minister under section 61(1)(c) and published in the Government Gazette on 3 April 2003 is deemed to have been validly given by the Minister. (2) Every licence cancelled under that direction on or before 10 April 2003 is deemed to have been validly cancelled.". 34. Compensation arising if access licence cancelled by direction under section 61 (1) For section 63(2) of the Fisheries Act 1995 substitute— "(2) The person who held the licence is entitled to the following, as specified by, and determined in accordance with, the regulations— s. 33 -- 29 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 26 (a) compensation for— (i) the assessed market value of the licence; and (ii) the assessed market value of the losses (if any) that would be incurred if the fishing boat and equipment used under the licence were to be sold; and (b) compensation for the loss of up to 3 years of net income (based on past net income); and (c) an amount by way of a solatium of up to 10% of the compensation assessed under paragraphs (a) and (b)— less any amounts paid to the holders of registered financial interests in the licence under sub-section (2A). (2A) A person who held a registered financial interest in the licence at the time it was cancelled is entitled to an amount of compensation determined in accordance with the regulations. (2B) The regulations may require the deduction from any amount payable under sub- section (2) or (2A) of an amount to recognise the present value of any of the compensation that relates to the future.". (2) For section 63(6) of the Fisheries Act 1995 substitute— "(6) Any dispute in relation to the payment of compensation under this section is to be determined in accordance with Part 11. s. 34 -- 30 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 27 (7) For the purposes of sub-section (2)— (a) the regulations may provide for the method by which a market value is to be assessed; and (b) compensation may be paid up to the maximum amount permitted by sub- section (2)(b) even if the licence was held by the person for less than the period in respect of which the compensation is being paid.". 35. Minister may restrict quota unit transfers involving sub-zones (1) In the Fisheries Act 1995— (a) in section 64AB(1)(c), for "fishery." substitute "fishery; and"; (b) after section 64AB(1)(c) insert— "(d) declare that individual quota units in respect of a sub-zone may only be transferred to a licence holder holding a licence in respect of the same sub- zone;"; (2) After section 65A(2) of the Fisheries Act 1995 insert— '(2A) If the Minister has made an order under section 64AB(1)(d), sub-section (2) is to be read as if for "for that fishery" there were substituted "for the relevant sub-zone of that fishery".'. s. 35 -- 31 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 28 36. Insertion of section 64C After section 64B of the Fisheries Act 1995 insert— "64C. No compensation payable for losses resulting from quota orders No compensation is payable by the Crown to any person for any loss or damage that results from an order made by the Minister under section 64, 64A or 64AB.". 37. Insertion of section 65B After section 65A of the Fisheries Act 1995 insert— "65B. Minister may determine that quota units be publicly sold (1) This section applies if it is proposed— (a) to create and allocate new quota units in addition to the quota units that were created and allocated under an initial quota order; or (b) to allocate quota units that arise in excess of any threshold quota limit specified in a management plan; or (c) to allocate any quota units that have been forfeited, or that have otherwise become available. (2) The Minister may determine that the quota units are to be publicly sold. (3) In making a determination, the Minister must specify the method by which the sale is to take place. (4) Without limiting sub-section (3), a sale may occur by auction, tender or ballot. s. 36 -- 32 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 29 (5) Nothing in this section is intended to enable the sale of a quota unit to a person who is not the holder of a licence in the relevant fishery.". 38. Extension of meaning of "permitted amount" (1) In section 66(2) of the Fisheries Act 1995, after "in respect of the licence" insert "together with any other amount of excess or carry over that the person is permitted to take under a relevant quota order". (2) Section 66(5) of the Fisheries Act 1995 is repealed. 39. Fisheries reserves (1) For section 88(1) of the Fisheries Act 1995 substitute— "(1) The Governor in Council may, by Order in Council, declare as a fisheries reserve— (a) any waters that are not reserved under the National Parks Act 1975; or (b) any Crown land under the Land Act 1958; or (c) any land reserved under section 4 of the Crown Land (Reserves) Act 1978 if the use of the land as a fisheries reserve will not be detrimental to the purposes for which the land was reserved under that section.". (2) In section 88 of the Fisheries Act 1995— (a) in sub-sections (2)(a) and (4)(a), for "waters which are" substitute "area which is"; s. 38 -- 33 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 30 (b) for sub-section (3)(b) substitute— "(b) in the case of any Crown land under the Land Act 1958, the Minister has consulted with the Minister responsible for that land under that Act; and (ba) in the case of any land reserved under section 4 of the Crown Land (Reserves) Act 1978, the Minister has consulted with the Minister responsible for that land under that Act; and". 40. Fisheries Co-Management Council membership In section 90(3)(b) of the Fisheries Act 1995, before "2 members" insert "up to". 41. Insertion of section 141 After section 140 of the Fisheries Act 1995 insert— '141. Fisheries Plant and Equipment Fund (1) There is to be established and kept in the Treasury an account called the "Fisheries Plant and Equipment Fund". (2) There is to be paid into the Fund those amounts that the Secretary determines are proper in the circumstances— (a) to enable the purchase of any plant or equipment required for the purposes of this Act where the use of the plant or equipment for those purposes will extend over more than one financial year; and (b) to enable the operation, maintenance and repair of that plant or equipment; and s. 40 -- 34 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 31 (c) to enable the payment of any other expenses in relation to that plant and equipment. (3) Any money in the Fund that is not immediately required may be invested in any manner approved by the Treasurer, and any income derived from an investment must be paid into the Fund. (4) Subject to sub-section (3), money may only be paid out of the Fund— (a) for a purpose listed in sub-section (1); and (b) on the written authority of the Secretary. (5) If an item of plant or equipment purchased with money from the Fund is sold, the proceeds of the sale must be paid into the Fund. (6) A reference in sub-section (5) to an item of plant or equipment purchased with money from the Fund includes a reference to any item— (a) that was purchased with money from the Conservation, Forests and Lands Plant and Machinery Fund established under section 23 of the Conservation, Forests and Lands Act 1987; and (b) that was listed in the fixed asset register of the Department at the time of its sale. (7) In this section "plant" includes boats and motor vehicles.'. s. 41 -- 35 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 32 42. Insertion of section 145A After section 145 of the Fisheries Act 1995 insert— "145A. Secretary may supply names to peak bodies (1) If a levy is collected with respect to a class of licence for the purposes of funding a peak body, the Secretary may give the peak body— (a) details of the name of each person who holds that class of licence and the name of any other person whose name appears on any licence of that class; and (b) the business address, the business telephone number, and the business facsimile number or email address of each such person. (2) Despite sub-section (1), the Secretary must not supply any of those details if, in the opinion of the Secretary, it would not be in the public interest to do so. (3) The Secretary may impose conditions in relation to the supply of any details under this section. (4) A person must not breach, or aid, abet, counsel or procure the breaching of, a condition. Penalty applying to this sub-section: 200 penalty units or imprisonment for 12 months.". s. 42 -- 36 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 33 43. Clarification of intent of suspension After section 149(1) of the Fisheries Act 1995 insert— "(2) Nothing in sub-section (1) is intended to interfere with the right of the person to hold the licence—sub-section (1) is merely intended to ensure that the person cannot exercise the rights of a licence holder while the licence is suspended.". 44. Levies (1) For section 151(8A)(c) of the Fisheries Act 1995 substitute— "(c) the particular recognised peak body has advised the Minister in writing that at a general meeting of its members held in accordance with its rules, a resolution agreeing to the proposed increase in the rate of levy was passed; and". (2) For section 151(9) of the Fisheries Act 1995 substitute— "(9) The Minister must ensure that the operation of this section is reviewed as soon as is possible after 1 May 2009.". 45. Fisheries notices (1) In section 152 of the Fisheries Act 1995— (a) in sub-section (1)(f), after "fishery," insert "species,"; (b) in sub-section (7)(c), for "20 penalty units" substitute "50 penalty units". s. 43 -- 37 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 34 (2) For section 152(2) of the Fisheries Act 1995 substitute— "(2) Despite sub-section (1), the Minister need not consult with the relevant consultative bodies before making a fisheries notice if, in the opinion of the Minister, to consult those bodies would result in a delay that would significantly reduce the effectiveness of the notice. (2A) If the Minister makes a fisheries notice without consulting the relevant consultative bodies, the Minister must as soon as is practicable after the making of the notice provide those bodies with a copy of the notice and a statement of his or her reasons for not consulting with the bodies before making the notice.". 46. Repeal of abalone access licence fee cap Section 159 of the Fisheries Act 1995 is repealed. 47. Insertion of Part 11 After Part 10 of the Fisheries Act 1995 insert— 'PART 11—DETERMINATION OF DISPUTES Division 1—Preliminary Matters 199. Application of this Part This Part applies to any disputed claim under section 63. 200. Definitions In this Part— "claimant" means a person who makes, or is entitled to make, a claim for compensation under section 63; s. 46 -- 38 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 35 "Court" means the Supreme Court; "Tribunal" means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998. Division 2—Application/Referral Process 201. Application or referral of disputed claim The Secretary or the claimant may— (a) apply to the Tribunal for the determination of a disputed claim for compensation in accordance with this Part; or (b) refer a disputed claim for compensation to the Court for determination in accordance with this Part. 202. Jurisdiction (1) A disputed claim must be determined— (a) by the Tribunal if the amount in dispute does not exceed $50 000; or (b) if the amount in dispute exceeds $50 000, by the Tribunal or the Court at the option of the claimant or, if the claimant does not exercise that option within 30 days after being requested to do so by the Secretary, at the option of the Secretary; or (c) by the Court irrespective of the amount in dispute if the Court is satisfied on the application of any party that the claim raises questions of unusual difficulty or of general importance. s. 47 -- 39 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 36 (2) In this section "amount in dispute" means the amount of the difference between the amount claimed by the claimant and the amount of the final offer made by the Secretary before the application is made to the Tribunal in respect of the claim or the matter is referred to the Court under this Part. 203. Form of notice of referral A notice of referral under section 201 to the Court must be in the form specified by the regulations and must be accompanied by copies of— (a) the notice of cancellation and the direction under which the licence was cancelled; (b) the initial offer of compensation made by the Secretary (if any); (c) the claim made by the claimant; and (d) the reply (if any) of the Secretary to the claim. 204. Service of notice of referral on other parties A party who refers a disputed claim to the Court must cause a copy of the notice of referral under section 201 to be served on the other parties to the dispute. 205. Withdrawal application The principal registrar of the Tribunal may grant any application by consent of the parties for adjournment or withdrawal of any claim for compensation referred to the Tribunal. s. 47 -- 40 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 37 Division 3—Compulsory Conference in the Court 206. Compulsory conference (1) The Court may order the parties to any disputed claim referred to it to attend a compulsory conference to be conducted by the Court or a Master of the Court. (2) If the Court orders a compulsory conference to be held in respect of a dispute, it must be held as soon as is practicable after the date on which the notice of referral was lodged in respect of the dispute, unless the Court orders otherwise. 207. Objects of compulsory conference The objects of the compulsory conference are— (a) to determine what matters are in dispute between the parties; and (b) to identify the questions of law and of fact that are required to be determined by the Court; and (c) to provide a forum in which the parties may discuss their respective reasons for making or rejecting the disputed claim and, if possible, settle or resolve the matters in dispute before the dispute is heard by the Court. 208. Parties may vary offer or claim Nothing in this Part prevents— (a) the Secretary in a compulsory conference from increasing the amount of any offer made to a claimant; or s. 47 -- 41 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 38 (b) the claimant in a compulsory conference from reducing the amount of the claim— at any time before the settlement or determination of the dispute. 209. Settlement If the parties to the dispute arrive at an agreement to settle the disputed claim at any time before the determination of the claim by the Court, the Court must ratify the agreement, which then takes effect as if it were a determination of the Court under this Part. Division 4—Determinations 210. Determination of claim (1) On an application or referral of a disputed claim under this Part, the Tribunal or Court is to determine the amount of compensation in accordance with this Act to be paid in respect of the claim and may make any orders necessary to give effect to that determination. (2) An appeal to the Court of Appeal from a determination or an order made by the Court under this section lies only on a question of law. 211. Principles to be applied in determining compensation In determining the compensation payable, the Tribunal or the Court is not bound by the exercise of any discretion of the Secretary or by any opinion or determination of the Secretary, but must determine the compensation payable in the particular s. 47 -- 42 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 39 circumstances of the case having regard to the provisions of this Act. 212. Costs (1) In any proceedings under this Part, the Tribunal or the Court (as the case requires) may award such costs as it thinks proper but in making an order for costs must, if the Tribunal or Court considers it appropriate to do so, take into consideration— (a) the amount of compensation awarded by the Tribunal or Court as compared with the amount (if any) offered by the Secretary; and (b) the extent to which, in the opinion of the Tribunal or Court, the proceedings have arisen from, or have been affected by— (i) unreasonable conduct on the part of the claimant or the Secretary; or (ii) the failure of the claimant to give adequate details of the claim or supply supporting material when required to do so; or (iii) an excessive claim by the claimant; or (iv) an unduly depressed offer by the Secretary; and (c) any other matters which under this Part are to be taken into account in determining the allocation of costs. (2) The Court may make an order with respect to the assessment of costs in the same manner as it may in respect of any other matter before the Court. s. 47 -- 43 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 40 (3) All costs payable to the Secretary may be set off by the Secretary against any compensation awarded or costs payable to the claimant. (4) All costs payable to the claimant may be recovered by the claimant from the Secretary in the same manner as the compensation awarded. 213. Payment of compensation The sum awarded as compensation by the Tribunal or the Court must be paid within one month after the sum awarded has been determined. 214. Supreme Court—limitation of jurisdiction It is the intention of sections 202(1), 209 and 210(2) to alter or vary section 85 of the Constitution Act 1975.'. 48. Membership and procedure of bodies In Schedule 1 to the Fisheries Act 1995— (a) for clause 3 substitute— "3. Remuneration (1) A member of a body appointed by the Governor in Council who is not a full-time officer or employee of the public service is entitled to receive the fees and travelling and other allowances from time to time fixed by the Governor in Council. (2) A member of a body appointed by the Minister who is not a full-time officer or employee of the public service is entitled to receive the fees and travelling and other allowances from time to time fixed by the Minister."; (b) insert the following heading to clause 4— "Vacancies, resignation and removal"; s. 48 -- 44 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 41 (c) for clause 4(1) substitute— "(1) A person ceases to be a member of a body— (a) at the expiry of his or her term of appointment (unless that term is renewed in accordance with this Act); or (b) if he or she resigns by writing delivered to the Minister; or (c) if he or she is removed from office under sub-clause (3) or (4); or (d) if he or she becomes bankrupt; or (e) if he or she is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or (f) if he or she fails to attend 3 consecutive meetings of the body without the approval of the chairperson of the body, or in the case of a chairperson, without the approval of the body."; (d) after clause 4(2) insert— "(3) The Governor in Council may remove from office any member of the Fisheries Co- Management Council. (4) The Minister may remove from office any member of any other body.". 49. Additional miscellaneous regulation-making powers In Schedule 3 to the Fisheries Act 1995— (a) for clause 4.1 substitute— "4.1 Providing for the registration of boats including— (a) the transfer and renewal of registration; (b) the refusal of registration, or the transfer or renewal of registration; (c) the cancellation of registration; s. 49 -- 45 of 47 -- Victorian Legislation and Parliamentary Documents Part 3—Other Amendments Fisheries (Further Amendment) Act 2003 Act No. 108/2003 42 (d) the obtaining of information on the seaworthiness of boats from other people or bodies; (e) giving recognition to surveys of seaworthiness conducted by appropriate authorities and to certificates from appropriate authorities as to the state of a boat or its current survey status."; (b) after clause 6.7 insert— "6.8 In relation to searches by authorised officers— (a) further regulating the conduct of those searches; and (b) requiring the supply of additional details in the records required of those searches. 6.9 Requiring the Secretary to report specified incidents involving authorised officers to the Ombudsman appointed under the Ombudsman Act 1973.". 50. Minor amendments In the Fisheries Act 1995— (a) in section 38(5), after "section 58" insert ", 61(1)(c)"; (b) in section 68A(6), for "and (5)(b)" substitute ", (4A) and (4B)"; (c) in section 69(3), for "before of" substitute "before or"; (d) section 122(1)(d) is repealed. ═══════════════ s. 50 -- 46 of 47 -- Victorian Legislation and Parliamentary Documents Fisheries (Further Amendment) Act 2003 Act No. 108/2003 43 ENDNOTES † Minister's second reading speech— Legislative Assembly: 29 October 2003 Legislative Council: 25 November 2003 The long title for the Bill for this Act was "to amend the Fisheries Act 1995, the Confiscation Act 1997 and the Magistrates' Court Act 1989 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 29 October 2003 Legislative Council: 25 November 2003 Absolute majorities: Legislative Assembly: 20 November 2003 Legislative Council: 3 December 2003 Endnotes -- 47 of 47 --