Victorian Fisheries Authority Act 2016FILE/16-68a001.docx · Web viewOCPC Victoria, Word 2007, Template Release 03/03/2017A (PROD)

Version No. 001

Victorian Fisheries Authority Act 2016No. 68 of 2016

Version as at1 July 2017

TABLE OF PROVISIONSSection Page

Part 1—Preliminary 1

1 Purposes 12 Commencement 13 Definitions 14 Definition of associated 35 Intent of Parliament regarding Divisions 2 and 3 of Part 2 5

Part 2—Victorian Fisheries Authority 6

Division 1—Establishment, powers and functions 6

6 Establishment of the Authority 67 Objectives of the Authority 68 Functions of the Authority 79 Powers of the Authority 810 Delegation 911 Exercise of powers 9

Division 2—Guiding principles 9

12 Principle of integrated decision-making 913 Principle of triple bottom-line assessment 1014 Principle of equity 1015 Principle of evidence-based approach 1016 Principle of stakeholder engagement and community

participation 1017 Principle of transparency 11

Division 3—Interpretation and guidance 11

18 Application to Authority 11

Division 4—Administration 11

19 Role of the Minister 1120 Role of the Secretary 12

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Division 5—Victorian Fisheries Authority Board 13

21 Victorian Fisheries Authority Board 1322 Appointment of directors to Board 1323 Conditions of appointment of directors 1524 Vacancies, resignations, removal from office 1525 Acting appointments 1726 Validity of acts or decisions 2027 Proceedings of the Board 2028 Resolutions without meetings 2129 Pecuniary interests of directors 2130 Disclosure of interests 2331 Improper use of information 2332 Disclosure of information 2333 Conflict of interest and duty 25

Division 6—Chief executive officer and staff of the Authority 25

34 Chief executive officer 2535 Staff 2636 Advisory committees 2637 Delegation 26

Division 7—Financial and administrative 27

38 Financial 2739 Quarterly performance report 2740 Annual report 2841 Reporting to the fisheries sectors 2842 Annual business plan 28

Part 3—Enforcement and proceedings 30

43 Appointment of authorised officers 3044 Application of Conservation, Forests and Lands Act 1987 to

authorised officers 3145 Application of Conservation, Forests and Lands Act 1987 to

the Authority 31

Part 4—General 32

Division 1—Regulations 32

46 Regulations 3247 Transitional regulations 32

Division 2—Transitional provisions 33

48 Authorised officers appointed under the Conservation, Forests and Lands Act 1987 employed by the Authority 33

Part 5—Amendment of Fisheries Act 1995 34

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49 Consultation principles 3450 Definitions 3451 Power to enter into agreements 3552 Joint Authority to exercise certain powers instead of Minister 3553 Power to enter into agreements 3554 Submissions on management plan 3555 Duty of public authorities 3556 Access licences 3557 Restrictions concerning access licences 3658 Fish receiver licences 3659 Aquaculture licences 3660 Recreational fishery licences 3661 Group recreational fishery licence 3662 General permit 3763 Special provisions concerning general permits for developing

fisheries 3764 Issue of fishery licences 3765 Minister may determine that licences be publicly sold 3866 Conditions of fishery licences and permits 3867 Changes to licence or permit conditions 3868 Transfer of licence 3969 Certain licences may be renewed 4070 Restriction on the re-issue of cancelled licences 4171 Powers of Secretary to cancel or suspend licences 4172 Licences or permits must be returned to Secretary 4273 Registration of financial interests 4274 Registration of financial interests 4275 Cancelled transferable licences may be transferred 4376 Removal notice on cessation of aquaculture activities 4377 Minister may issue directions 4478 Compensation arising from the cancellation of access licences

under section 62 4479 Sub-zone orders 4480 Quota notices 4481 Transfer of individual quota units 4582 Offences in relation to individual quota 4583 Sub-zone abalone orders 4584 Abalone Fishery Access Licence specification 4585 Abalone quota unit holding statement 4586 Notification by holder of an individual abalone quota unit 4687 Transfer of individual abalone quota units 4688 Requirement on holder of an Abalone Fishery Access Licence

to hold minimum number of individual blacklip abalone quota units 46

89 Penalty for failure to pay royalty or levy 4690 Forfeiture of individual abalone quota unit 4791 Protected aquatic biota permits 47

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92 Noxious aquatic species permits 4793 Revocation of permit 4894 Notice to be given of location of noxious aquatic species 4895 Seizure and removal of noxious aquatic species 4896 Prevention of spread of aquatic noxious species 4897 Provisions applying to fisheries reserves 4998 Records of searches 4999 Information on searches to be included in annual report 49100 Provisions relating to the seizure of items 49101 Forfeiture or return of things seized or retained 49102 Actions that may be taken in the case of seized things subject

to automatic forfeiture 50103 Disposal notice 50104 Person may claim return of seized thing from Secretary 50105 Court may make a condemnation order in respect of thing

forfeited to Crown 50106 Retention notices 50107 Abalone packaging not to be disturbed 51108 Passage of fish not to be blocked 51109 Secretary may require details of fish etc. taken or received 51110 Evidentiary and onus of proof provisions 51111 Simplification of proof 52112 Statement to be evidence of authority 52113 Statement to be evidence of certain matters 52114 Court may order offenders to take specified actions 52115 Further prohibition court order 53116 Prohibition to be in or on specified waters 53117 Applications for authorities to conduct controlled operations 53118 Determination of applications 53119 Matters to be taken into account 53120 Form of authority 53121 When can an authority be varied? 54122 Application for variation of authority 54123 Determination of application to vary authority 54124 Form of variation of authority 54125 Cancellation of authorities 55126 Notification requirements 55127 Principal law enforcement officers' reports 55128 Secretary's reports 55129 Annual report by Victorian Inspectorate 56130 Keeping documents connected with authorised operations 57131 General register 57132 Inspection of records by Victorian Inspectorate 57133 No delegations 58134 Evidence of authorities 58135 Functions of Commercial Fisheries Licensing Panel 58136 Reviewable decisions 58

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137 Research carried out by Secretary 58138 Fisheries Plant and Equipment Fund 58139 Immunity provision 58140 Availability for inspection 59141 Secretary may supply names to representative bodies 59142 Secrecy provision 60143 Use of information contrary to restrictions 60144 Application—general provisions 60145 Levy 61146 Fisheries notices 61147 Power of Secretary to cancel licence 61148 Compensation 61149 State not liable 61150 Delegation 61151 New Part 10A inserted 62152 Application or referral of disputed claim 75153 Jurisdiction 75154 Form of notice of referral 75155 Parties may vary offer or claim 75156 Principles to be applied in determining compensation 75157 Costs 76158 Schedule 4 amended 76

Part 6—Amendment of other Acts and repeal of Part 5 and this Part 78

Division 1—Catchment and Land Protection Act 1994 78

159 Definitions 78

Division 2—Conservation, Forests and Lands Act 1987 78

160 Definitions 78

Division 3—Crown Land (Reserves) Act 1978 79

161 Definitions 79

Division 4—Environment Protection Act 1970 79

162 Definitions 79

Division 5—Firearms Act 1996 79

163 Authorised officers under the Conservation, Forests and Lands Act 1987 to exercise powers under this Act 79

164 Annual reports 80

Division 6—Flora and Fauna Guarantee Act 1988 81

165 Definitions 81

Division 7—Forests Act 1958 81

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166 Definitions 81

Division 8—Land Act 1958 81

167 Definitions 81

Division 9—Land Conservation (Vehicle Control) Act 1972 82

168 Proceedings for contravention of regulations 82

Division 10—National Parks Act 1975 82

169 Definitions 82

Division 11—Public Administration Act 2004 83

170 Persons with functions of public service body Head 83

Division 12—Surveillance Devices Act 1999 83

171 Definitions 83172 Application of Division 84

Division 13—Traditional Owner Settlement Act 2010 84

173 Definition of decision maker 84

Division 14—Wildlife Act 1975 85

174 Definitions 85

Division 15—Consequential amendments to notes in the Fisheries Act 1995 and Conservation, Forests and Lands Act 1987 85

175 Court may prohibit persons from recreational fishing 85176 Appointment of authorised officers 85

Division 16—Repeal of Part 5 and this Part 86

177 Repeal of Part 5 and this Part 86═══════════════

Endnotes 87

1 General information 87

2 Table of Amendments 89

3 Amendments Not in Operation 90

4 Explanatory details 91

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Version No. 001


Version as at1 July 2017

The Parliament of Victoria enacts:

Part 1—Preliminary1 Purposes

The main purposes of this Act are—

(a) to establish the Victorian Fisheries Authority; and

(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;

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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;

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;

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(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;

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

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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

(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—

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(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.

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.

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Part 2—Victorian Fisheries Authority

Division 1—Establishment, powers and functions6 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

Part 1—Preliminary


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(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



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(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



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(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 principles12 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.



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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.



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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 guidance18 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—Administration19 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.



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(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.



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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—



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(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



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(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



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(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



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(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.



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(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



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(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



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(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.



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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.



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(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.


(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



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(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.


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



23

obtained during the course of the person's duties except as authorised under this section.


(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;



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(vii) with the written authority of the person to whom the information relates.


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.


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—



25

(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—



26

(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 administrative38 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



27

(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



28

(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.



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Part 3—Enforcement and proceedings43 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



30

(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.



31

Part 4—General

Division 1—Regulations46 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.



32

(4) This section expires on 1 July 2018.

Division 2—Transitional provisions48 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.


commencement day means the day on which section 3 comes into operation.



33

Part 5—Amendment of Fisheries Act 199549 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—



34

"Secretary means the Secretary to the Department of Economic Development, Jobs, Transport and Resources;";

(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".



35

(2) In section 38(3), (5) and (7)(d) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority".

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



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".


61 Group recreational fishery licence



36

In section 46(1), (2), (3) and (5) of the Fisheries Act 1995, for "The Secretary" (wherever occurring) substitute "The Victorian Fisheries Authority".

62 General permit




(4) In section 49(5) and (6) 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".



37

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".


(a) for "the Secretary's" substitute "the Victorian Fisheries Authority's";

(b) for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority".






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68 Transfer of licence




(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".






(6) In section 56(7) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the Victorian Fisheries Authority".




39

(8) In section 56(8)(b)(iii) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority".

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".













40

70 Restriction on the re-issue of cancelled licences

In section 57B(2) of the Fisheries Act 1995—


(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".











41



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




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".




42

(3) In section 59A(5) and (6) of the Fisheries Act 1995, for "the Secretary" substitute "the Victorian Fisheries Authority".

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".


76 Removal notice on cessation of aquaculture activities


(2) In section 60A(4) and (5) of the Fisheries Act 1995, for "the Secretary" 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";


(5) In section 60A(8) of the Fisheries Act 1995, for "the Secretary's" substitute "the Victorian Fisheries Authority's".



43

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".


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





44



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



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".



45

(2) In section 66H(2) of the Fisheries Act 1995, for "the Secretary" (where twice occurring) substitute "the Victorian Fisheries Authority".

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—



(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



46

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".

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








92 Noxious aquatic species permits



47







93 Revocation of permit



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


(a) for "subsection (1)" substitute "subsection (2)";



48



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".

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".



49

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.".

(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



50

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".

(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


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".


(a) for "The Secretary" substitute "The chief executive officer";

(b) for "the Secretary" (where twice occurring) substitute "the chief executive officer".



51

(3) In section 120A(2) and (3) of the Fisheries Act 1995, for "the Secretary" substitute "the chief executive officer".


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".

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".


(a) for "the Secretary" (where thrice occurring) substitute "the chief executive officer";

(b) for "he or she" substitute "the chief executive officer".



52

(3) In section 129A(7) of the Fisheries Act 1995, for "the Secretary" (where thrice occurring) substitute "the chief executive officer".



(b) for "he or she" substitute "the Victorian Fisheries Authority".

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—


(b) for "the Secretary's" substitute "the chief executive officer's".

118 Determination of applications



53

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".

(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—


(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—


(b) for "the Secretary's" substitute "the chief executive officer's".



54

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".

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—





55

(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".

(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".




56


(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".


(a) in paragraph (a), for "the Secretary's advice" substitute "the advice of the chief executive officer";

(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";



(a) in paragraph (a)—

(i) for "the Secretary" substitute "the chief executive officer";



57

(ii) for "the Department" substitute "the Victorian Fisheries Authority";

(b) in paragraph (b) and (c), for "the Department" substitute "the Victorian Fisheries Authority".



(b) for "the Department" substitute "the Victorian Fisheries Authority".

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".



58

(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 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".



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(2) In section 145A(1) and (2) of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the Victorian Fisheries Authority".


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".






60



(5) In section 148(9) of the Fisheries Act 1995, for "the Secretary" (wherever occurring) substitute "the Victorian Fisheries Authority".


145 Levy


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".



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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—



151 New Part 10A inserted

After Part 10 of the Fisheries Act 1995 insert—

"Part 10A—Transitional provisions—Victorian Fisheries Authority

Act 2016198A 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



62

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.

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—



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(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.

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


(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


(a) the holder of a licence or permit has made an application to the Secretary under section 54(2)(b); and




64


198G Transitional provision for transfer of licences


(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



198H Transitional provision for licence renewal


(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



198I Transitional provision for costs of failure to comply with a removal notice on cessation of aquaculture activities



65

(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.

198J Transitional provision for transfer of individual quota units


(a) the holder of an access licence in a quota fishery has made an application to the Secretary under section 65A(2); and



198K Transitional provision for abalone quota unit holding statement


(a) the holder of an individual abalone quota unit has made an application to



66

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.


198L Transitional provision for abalone quota unit holding statement


(a) the holder of an individual abalone quota unit has made an application to the Secretary under section 66K(2); and



198M Transitional provision for protected aquatic biota permits


(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




67


198N Transitional provision for noxious aquatic species permits


(a) a person has made an application for a noxious aquatic species permit under section 81; and



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).



(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




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(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.

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


(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



69

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.

198S Transitional provision for claims by Secretary for return of things seized


(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




70

(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


(a) the Secretary has made an application under section 106AE(1); and

(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.



(b) section 119(3), as in force immediately before the commencement day, continues to apply in respect of that amount.



71

198W Transitional provision for court orders for offenders to take specified actions


(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.

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).



(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


(a) the Secretary has made an application under section 130A(2) for an order



72

prohibiting a person from engaging in a specified fishing activity or being in the possession of a specified fish or fishing equipment; and


(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.

198Z Transitional provision for prohibition to be in or on specified waters


(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


(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



73


(a) the proposed principal law enforcement officer for a controlled operation has made an application to the Secretary under section 131C(1); and


(2) On and after the commencement day, the chief executive officer must determine the application.

198ZB Transitional provision for application for variation of authority


(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


(2) On and after the commencement day, the chief executive officer must determine the application.

198ZC Transitional provision for Secretary's reports




74

(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—

(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".


154 Form of notice of referral



75

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".

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".



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";



76

(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";

(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;".



77

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;".



78

Division 3—Crown Land (Reserves) Act 1978161 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—



Division 4—Environment Protection Act 1970162 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 1996163 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".



79

(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.".



80

Division 6—Flora and Fauna Guarantee Act 1988165 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—



Division 7—Forests Act 1958166 Definitions

In section 3(1) of the Forests Act 1958, for the definition of authorised officer substitute—




Division 8—Land Act 1958167 Definitions

In section 2A of the Land Act 1958, for the definition of authorised officer substitute—




81



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—


(b) Part 3 of the Victorian Fisheries Authority Act 2016; or".

Division 10—National Parks Act 1975169 Definitions

In section 3(1) of the National Parks Act 1975, for the definition of authorised officer substitute—



(b) Part 3 of the Victorian Fisheries Authority Act 2016; ".



82

Division 11—Public Administration Act 2004170 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 1999171 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;";



83

(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".



84

Division 14—Wildlife Act 1975174 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 1987175 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.".



85

Division 16—Repeal of Part 5 and this Part177 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).

═══════════════



86

Endnotes1 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."

The Victorian Fisheries Authority Act 2016 was assented to on 15 November 2016 and came into operation on 1 July 2017: section 2(2).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in



87

http://www.legislation.vic.gov.au/

a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E).



88

2 Table of AmendmentsThere are no amendments made to the Victorian Fisheries Authority Act 2016 by Acts and subordinate instruments.



89

3 Amendments Not in OperationThis publication does not include amendments made to the Victorian Fisheries Authority Act 2016 by the following Act/s.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Victorian Fisheries Authority Act 2016, No. 68/2016Assent Date: 15.11.16Commencement Date: Ss 47(4), 177 on 1.7.17: s. 2(2)Note: S. 47(4) provides that s. 47 expires on 1.7.18; s. 177

repeals Pts 5, 6 (ss 49–177) on 1.7.18Current State: This information relates only to the provision/s

amending the Victorian Fisheries Authority Act 2016

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

At the date of this publication, the following provisions amending the Victorian Fisheries Authority Act 2016 were Not in Operation:

Amending Act/s:

Victorian Fisheries Authority Act 2016, No. 68/2016

47 Transitional regulations

(4) This section expires on 1 July 2018.

177 Repeal of Part 5 and this Part

Part 5 and this Part are repealed on 1 July 2018.



90

4 Explanatory detailsNo entries at date of publication.



91

Documents

Victorian Fisheries Authority Act 2016FILE/16-68a001.docx · Web viewOCPC Victoria, Word 2007, Template Release 03/03/2017A (PROD)