Fisheries Amendment Act 2013 No. 64 of 2013

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 13 Definitions 24 New Part 6 inserted—Fisheries Advisory Council 2

PART 6—FISHERIES ADVISORY COUNCIL 2

90 Fisheries Advisory Council 291 Function of the Council 392 Council is public entity 393 Membership of Council 394 Deputy chairperson 495 Terms of appointment of members 496 Resignation and removal of members 597 Department's representative at Council meetings 697A Proceedings of the Council 797B Annual reports 7

5 Secretary may supply names to representative bodies 76 Royalties 87 Levy 88 Fisheries notices 109 Regulations 1010 Amendment to Schedule 3—Regulation-making powers 1111 Statute law revision amendments 1112 Repeal of amending Act 11

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1

Fisheries Amendment Act 2013†

No. 64 of 2013

[Assented to 6 November 2013]

The Parliament of Victoria enacts:

1 Purpose

The purpose of this Act is to amend the Fisheries Act 1995—

(a) to establish a Fisheries Advisory Council; and

(b) to make miscellaneous amendments.

2 Commencement

(1) Sections 1, 2, 3(1), 3(2), 5, 6, 7, 9 and 11 come into operation on the day after the day on which this Act receives the Royal Assent.

Victoria

1

(2) Subject to subsection (3), the remaining provisions of the Act come into operation on a day or days to be proclaimed.

(3) If a provision of this Act referred to in subsection (2) does not come into operation before 1 March 2014, it comes into operation on that day.

3 Definitionss. 3

See:Act No.92/1995.Reprint No. 7as at18 March 2013and amendingAct No. 9/2013.LawToday:www.legislation.vic.gov.au

(1) In section 4(1) of the Fisheries Act 1995 insert the following definition—

"representative body means an organisation that represents—

(a) commercial fishing interests; or

(b) seafood industry interests; or

(c) aquaculture interests; or

(d) recreational fishing interests;".

(2) In section 4(1) of the Fisheries Act 1995, in the definition of rock lobster, for "genus Jasus" substitute "family palinuridae".

(3) In section 4(1) of the Fisheries Act 1995 insert the following definition—

"Council means the Fisheries Advisory Council established under Part 6;".

4 New Part 6 inserted—Fisheries Advisory Council

After Part 5 of the Fisheries Act 1995 insert—

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"PART 6—FISHERIES ADVISORY COUNCIL

90 Fisheries Advisory Council

The Fisheries Advisory Council is established.

91 Function of the Council

The function of the Council is to advise the Minister on strategic matters relating to the management of fisheries at the request of the Minister.

92 Council is public entity

The Council is a public entity for the purposes of the Public Administration Act 2004.

93 Membership of Council

The Council consists of the following 14 members appointed by the Minister—

(a) a member who, in the opinion of the Minister, is independent of the commercial and recreational fishing sectors who is appointed as the chairperson by the Minister;

(b) 4 members who, in the opinion of the Minister, have knowledge and experience in commercial fishing and represent the interests of the Victorian fishing commercial sector;

(c) one member who, in the opinion of the Minister, has knowledge and experience in commercial fishing and represents the Commonwealth commercial fishing sector;

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(d) 4 members who, in the opinion of the Minister, have knowledge and experience in recreational fishing and represent the Victorian recreational fishing sector;

(e) one member who, in the opinion of the Minister, has knowledge and experience in recreational fishing and represents the Victorian recreational fishing business sector;

(f) one Aboriginal person who, in the opinion of the Minister, has knowledge and experience of Aboriginal fishing and represents the interests of the Aboriginal community;

(g) one fisheries ecologist who, in the opinion of the Minister, has knowledge and experience of the sustainable use of aquatic resources and represents the community interest in the sustainable use of those resources;

(h) one economist who, in the opinion of the Minister, has knowledge and experience of fisheries or natural resource economics.

94 Deputy chairperson

The Minister may appoint a member of the Council to be a deputy chairperson of the Council.

95 Terms of appointment of members

A member of the Council—

(a) holds office for the term, not exceeding 3 years, specified in the instrument of

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appointment but, subject to paragraph (b), is eligible for re-appointment; and

(b) cannot hold office for more than 2 consecutive terms; and

(c) is appointed on the terms and conditions that are specified in the instrument of appointment; and

(d) is entitled to be paid the fees and allowances (if any) that are fixed from time to time in respect of him or her by the Minister.

96 Resignation and removal of members

(1) The office of a member of the Council becomes vacant if the member—

(a) dies; or

(b) resigns from the office of member by notice in writing signed by him or her and delivered to the Minister; or

(c) completes a term of office and is not reappointed; or

(d) is removed from office by the Minister under subsection (5).

(2) A resignation of a member takes effect on the day that it is received by the Minister or any later day specified in the notice of resignation.

(3) If the office of a member of the Council becomes vacant, the chairperson must notify the Minister of the vacancy.

(4) If the office of the chairperson becomes vacant, the deputy chairperson must notify the Minister of the vacancy.

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(5) The Minister may remove a member of the Council from office if—

(a) the Minister is of the opinion that the member has engaged in misconduct or has failed, or is unable, to properly carry out the member's functions as a member of the Council; or

(b) the Minister is of the opinion that any other act or omission of the member has adversely affected the operation of the Council; or

(c) in the case of the chairperson, the chairperson is absent, without leave being approved by the Minister, from 3 or more consecutive meetings of the Council; or

(d) in the case of any other member of the Council, the member is absent, without leave being approved by the chairperson, from 3 or more consecutive meetings of the Council of which reasonable notice has been given to the member, either personally or by post, fax, email or other electronic communication.

97 Department's representative at Council meetings

(1) The Minister may approve a person employed under Part 3 of the Public Administration Act 2004 in the Department to be the Department's representative at meetings of the Council.

(2) A person approved under subsection (1) or his or her nominee must attend all meetings

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of the Council as the Department's representative unless the Council requests the person or his or her nominee not to attend part or all of a meeting.

(3) The Department's representative or his or her nominee may participate in discussions at meetings that he or she attends but is not a member of the Council.

97A Proceedings of the Council

(1) A majority of the members of the Council currently holding office constitutes a quorum of the Council.

(2) The chairperson, or in his or her absence, the deputy chairperson, or in the absence of both of them, a member of the Council elected by the members present, must preside at a meeting of the Council.

(3) Subject to this Act, the regulations and any guidelines made under subsection (4), the Council may regulate its own proceedings.

(4) The Minister may make guidelines for the proceedings of the Council, which must be published on the Department's website.

97B Annual reports

The Council must give the Minister a report on the performance of its functions during a financial year no later than 1 November following that year.

__________________".

5 Secretary may supply names to representative bodies

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(1) In the heading to section 145A of the Fisheries Act 1995, for "peak" substitute "representative".

(2) For section 145A(1) of the Fisheries Act 1995 substitute—

"(1) If a levy is collected with respect to a class of licence or an individual quota unit for the purposes of making a grant to a representative body to which that class of licence or individual quota unit relates, the Secretary may give the representative body the following details—

(a) the name of each person who holds a licence of that class or who has been allocated individual quota units of that class and the name of any other person whose name appears on any licence or individual quota unit of that class;

(b) the business address, the business telephone number, and the business facsimile number or email address of each such person;

(c) the number of licences and individual quota units of that class held.".

6 Royalties

After section 150(2)(b)(vi) of the Fisheries Act 1995 insert—

"(via) the levies payable in respect of a class of licence, permit or individual abalone quota unit; or".

7 Levy

(1) In section 151(1) of the Fisheries Act 1995, after "licence" insert ", individual quota unit".

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(2) Section 151(1A) of the Fisheries Act 1995 is repealed.

(3) For section 151(2)(b) to (f) of the Fisheries Act 1995 substitute—

"(b) at a rate fixed by reference to—

(i) specified zones; or

(ii) the price or average price of a species of fish landed in a fishery over a specified period; or

(iii) the weight or average weight of a species of fish landed in a fishery over a specified period; or

(iv) the number of licences or individual quota units held; or

(v) fees payable in respect of a class of licence, permit or individual quota unit; or

(vi) royalties payable in respect of a class of licence, permit or individual quota unit; or

(vii) levies that were payable in respect of a class of licence, permit or individual quota unit in a previous licensing year; or

(viii) in the case of a Rock Lobster Fishery Access Licence, the number of rock lobster pots specified in the licence; or

(ix) in the case of an aquaculture licence, the total of one or more amounts determined in respect of areas specified in the licence; or

(x) any other prescribed factor relating to a fishery or species of fish; or

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(xi) any combination of the factors referred to in this subsection; or

(c) at a rate calculated in accordance with paragraph (b) for a specified period, including the duration of a licence, permit or individual quota unit, or at a particular point in time.".

(4) After section 151(4)(bc) of the Fisheries Act 1995 insert—

"(bd) making a grant under subsection (5);".

(5) For section 151(5) of the Fisheries Act 1995 substitute—

"(5) The Minister may, out of the proceeds of a levy of a class of licence, individual quota unit or permit prescribed under subsection (1), make a grant to any person or body to which the class of licence, individual quota unit or permit relates.".

(6) Section 151(5A) of the Fisheries Act 1995 is repealed.

8 Fisheries notices

(1) For section 152(5)(c) of the Fisheries Act 1995 substitute—

"(c) must be published on the Department's website;".

(2) After section 152(5) of the Fisheries Act 1995 insert—

"(5AA) The Minister must cause the following to be published in a newspaper circulating in the area affected by a fisheries notice—

(a) a notice of the making of the fisheries notice; and

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(b) a reference to the Department's website on which the fisheries notice is published.".

9 Regulations

(1) In section 153(4)(d) and (e) of the Fisheries Act 1995, for "Council" (wherever occurring) substitute "municipal council".

(2) In section 153(4)(e) of the Fisheries Act 1995, for "recognised peak body, fishery committee" substitute "representative body".

(3) After section 153(7) of the Fisheries Act 1995 insert—

"(8) In this section municipal council has the same meaning as Council has in section 3(1) of the Local Government Act 1989.".

10 Amendment to Schedule 3—Regulation-making powers

After item 6.9 of Schedule 3 to the Fisheries Act 1995 insert—

"6.10 Prescribing proceedings of the Council.".

11 Statute law revision amendments

(1) In section 131A of the Fisheries Act 1995, in the definition of Victorian Inspectorate, for "2011;" substitute "2011.".

(2) In section 151B(2)(a) and (3)(b) of the Fisheries Act 1995, for "fishing" substitute "fishery".

12 Repeal of amending Act

This Act is repealed on 1 March 2015.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes

Fisheries Amendment Act 2013No. 64 of 2013

12

† Minister's second reading speech—

Legislative Assembly: 4 September 2013

Legislative Council: 17 October 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Fisheries Act 1995 to establish a Fisheries Advisory Council and make miscellaneous amendments and for other purposes."