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Fisheries Act 1952

Act No. 7 of 1952 as amended, taking into account amendments up to Act No. 218 of 1973
Registered 26 Nov 2009
Start Date 20 Dec 1973
End Date 09 Apr 1974
Date of repeal 03 Feb 1994
Repealed by Fisheries Legislation (Consequential Provisions) Act 1991

FISHERIES ACT 1952
- Reprinted as at 20 December 1973 (HISTACT2 CHAP 42 #DATE 20:12:1973)

FISHERIES ACT 1952-1973 - TABLE OF PROVISIONS

TABLE


FISHERIES ACT 1952-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. (Repealed)
4. Definitions
5. Application
5A. Operation of certain State and Territory laws

PART II-ADMINISTRATION

6. Secretary and delegates subject to directions of Minister
6A. Delegation

PART III-REGULATION OF FISHERIES

7. Proclaimed waters
8. Regulation of fishing
9. Licences
9A. Cancellation and suspension of licences
10. Powers of officers

PART IV-RESEARCH AND DEVELOPMENT

11. Exploratory operations
12. Investigations

PART V-MISCELLANEOUS

13. Offences
13A. Removing fish from traps, &c.
13AA. (Repealed)
13B. Using or having charge of foreign boat for fishing in declared
fishing zone
13C. Forfeiture
13D. Forfeited property
14. Obstruction of officers, &c.
14A. Liability of master or person in charge of boat
15. Jurisdiction of courts
16. Evidence
16A. Certain payments to be made by Australia to Administrations of
certain Territories
17. Regulations

FISHERIES ACT 1952-1973 - SECT. 1.
Short title.

SECT

FISHERIES ACT 1952-1973

An Act relating to Fisheries in certain Australian Waters.

PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Fisheries Act 1952-1973.*

FISHERIES ACT 1952-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall come into operation on a date to be fixed by Proclamation.*
Section 3 repealed by No. 218, 1973, s. 3.
* * * * * * * *

FISHERIES ACT 1952-1973 - SECT. 4.
Definitions.

SECT

Amended by No. 3, 1953, s. 3; No. 48, 1959, s. 3; No. 116, 1967, s. 3; No. 150, 1968, s 3; No. 93, 1970, s. 4; and No. 218, 1973, ss. 4 and 18.


4. In this Act, unless the contrary intention appears-

''Australian boat'' means a boat the operations of which are based on a place in Australia or an external Territory and that is wholly owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory, being a boat that-

(a) was built in Australia or an external Territory;

(b) has been lawfully imported into Australia, otherwise than for a limited period, or into an external Territory; or

(c) has been sold, or otherwise disposed of, in Australia or an external Territory after having been forfeited or distrained under this or any other Act or under a law of a State or Territory;

''Australian waters'' means-

(a) Australian waters beyond territorial limits;

(b) the waters adjacent to a Territory and within territorial limits; and

(c) the waters adjacent to an external Territory and beyond territorial limits;

''boat'' means steamer, launch, vessel or floating craft of any description;

''carrying'', in relation to fish, includes preserving for the purpose of carriage or storing for that purpose;

''fish'' includes-

(a) turtles;

(b) dugong; and

(c) subject to paragraph (e), crustacea and molluscs,

but does not include-

(d) any species of whales; or

(e) any organism that is a sedentary organism for the purposes of the Continental Shelf (Living Natural Resources) Act 1968;

''fisherman'' means a person licensed under this Act to take fish;

''fishing'' means the taking of fish, and includes the processing of fish that have been taken or the carrying of fish that have been taken;

''foreign boat'' means a boat other than an Australian boat;

''net'' means a fabric of rope, cord, twine or other material knotted or woven into meshes and designed or fitted to catch fish;

''officer'' means-

(a) an officer or employee of Australia, of the Administration of a Territory or of an authority of Australia who is authorized in writing by the Secretary to the Department of Primary Industry or by the Secretary to the Department of External Territories to perform duties under this Act;

(b) an officer or employee of a State who is authorized in writing by the Secretary to the Department of Primary Industry to perform duties under this Act in pursuance of an arrangement between Australia and the State;

(c) a member of the Commonwealth Police Force or of the Police Force of a State or Territory; or

(d) a member of the Defence Force;

''processing'', in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting or packing;

''proclaimed waters'' means Australian waters specified by Proclamation in force under section 7;

''take'', in relation to fish, means take, catch or capture for trading or manufacturing purposes and ''taking'' has a corresponding meaning;

''the declared fishing zone'' means-

(a) the waters adjacent to Australia and having as their inner limits the baselines by reference to which the territorial limits of Australia are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant twelve international nautical miles from the point on one of those baselines that is nearest to the first- mentioned point; and

(b) the waters adjacent to each external Territory and having as their inner limits the baselines by reference to which the territorial limits of that Territory are defined for the purposes of international law and as their outer limits lines seaward from those inner limits every point on each of which is distant twelve international nautical miles from the point on one of those baselines that is nearest to the first-mentioned point,

but does not include any waters that are not proclaimed waters;

''the Minister'' means the Minister of State for Primary Industry and, in relation to the exercise of powers, functions and authorities under sections 6, 9, 9A and 16 with respect to natural persons resident in, companies incorporated in, or boats the operations of which are based on a place in, Papua New Guinea, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, includes the Minister of State for External Territories;

''the Secretary'' means the Secretary to the Department of Primary Industry;

''traditional fishing'' means fishing by indigenous inhabitants of an external Territory if-

(a) the fish are taken in a manner that, as regards the boat, the equipment and the method used, is substantially in accordance with the traditions of those inhabitants; and

(b) the fish are landed in that Territory by the boat from which they are taken;

''trap'' means an enclosure (not being a net) designed to catch fish, whether fixed to the shore or not.

FISHERIES ACT 1952-1973 - SECT. 5.
Application.

SECT

5. (1) This Act extends to all the Territories and to all Australian waters.
Added by No. 116, 1967, s. 4.

(2) In relation to proclaimed waters comprised in the declared fishing zone, this Act applies to all persons, including foreigners, and to all boats, including foreign boats.

FISHERIES ACT 1952-1973 - SECT. 5A.
Operation of certain State and Territory laws.

SECT

Inserted by No. 93, 1970, s. 5; amended by No. 218, 1973, s. 18.
5A. This Act or any other law of Australia shall not be taken to exclude the operation of a law of a State or of a Territory in so far as that law of a State or Territory relates to the licensing of persons to use premises for the preparation, processing, storage or examination of fish.

FISHERIES ACT 1952-1973 - SECT. 6.
Secretary and delegates subject to directions of Minister.

SECT

Part II substituted by No. 218, 1973, s. 5.
PART II-ADMINISTRATION
Substituted by No. 218, 1973, s. 5.
6. The Secretary or his delegate or a delegate of the Minister, other than a delegate who is a Minister of the House of Assembly for Papua New Guinea, is, in the exercise of his powers and the performance of his functions under this Act, subject to the directions of the Minister.

FISHERIES ACT 1952-1973 - SECT. 6A.
Delegation.

SECT

Inserted by No. 218, 1973, s. 5.
6A. (1) Subject to this section, the Minister or the Secretary may, by writing under his hand, delegate to a person or authority, either generally or otherwise, all or any of his powers and functions under this Act except this power of delegation and powers and functions under section 9A.

(2) The Minister of State for External Territories may, by writing under his hand, delegate to a Minister of the House of Assembly for Papua New Guinea, either generally or otherwise, all or any of his powers and functions under section 9A with respect to natural persons resident in, companies incorporated in, or boats the operations of which are based on a place in, Papua New Guinea.

(3) A power or function delegated under sub-section (1) or (2) may be exercised or performed by the delegate in accordance with the delegation, and, when so exercised or performed, shall, for the purposes of this Act, be deemed to have been exercised or performed by the person who gave the delegation.

(4) The Minister of State for Primary Industry or the Secretary to the Department of Primary Industry shall not delegate any of the following powers except to a person holding, or performing the duties of, an office in the Department of Primary Industry:-

(a) power to grant a licence under this Act in respect of a foreign boat;

(b) power to grant a licence under sub-section (3) of section 9;

(c) power to transfer a licence granted under sub-section (3) of section 9.

(5) A delegation referred to in sub-section (4) is effective only for so long as the delegate holds, or performs the duties of, an office in the Department of Primary Industry.

(6) A delegation under this section is revocable at will and does not prevent the exercise of a power or the performance of a function by the person who gave the delegation.

FISHERIES ACT 1952-1973 - SECT. 7.
Proclaimed waters.

SECT

PART III-REGULATION OF FISHERIES
7. The Governor-General may, by Proclamation, declare any Australian waters to be proclaimed waters for the purposes of this Act.

FISHERIES ACT 1952-1973 - SECT. 8.
Regulation of fishing.

SECT

Sub-section (1) amended by No. 48, 1959, s. 4; and No. 218, 1973, s. 6.
8. (1) The Minister may, by notice published in the Gazette-

(a) prohibit, either at all times or during a period specified in the notice, the taking, from proclaimed waters or from an area of proclaimed waters, of fish or of fish included in a class of fish specified in the notice;

(b) prohibit the taking, from an area of proclaimed waters, of fish included in a class of fish specified in the notice that-

(i) are less than a size so specified;

(ii) are not greater than a size so specified;

(iii) have a dimension less than a dimension so specified; or

(iv) have a part with a dimension less than a dimension so specified in relation to that part;

(c) prohibit the taking, from proclaimed waters or from an area of proclaimed waters, of fish, or fish included in a class of fish specified in the notice, by a method or equipment specified in the notice;

(d) prohibit fishing in an area of proclaimed waters in respect of fish included in the class of fish specified in the notice, other than-

(i) traditional fishing; or

(ii) fishing that consists of taking, processing or carrying fish of that class with the use of a boat in respect of which there is a licence under section 9 that, by virtue of an endorsement under sub-section (4) of section 9, extends to authorizing that taking, processing or carrying, as the case may be;
(e) prohibit a person from having in his possession or in his charge in a boat in an area of proclaimed waters equipment of a specified kind for taking fish unless that equipment is stowed and secured;

(f) prohibit a person from using, or having in his possession or in his charge in a boat, in an area of proclaimed waters a quantity of equipment of a specified kind for taking fish that is a quantity in excess of a quantity specified in, or ascertainable as provided in, the notice;

(g) prohibit a person from using, or having in his possession or in his charge in a boat, in an area of proclaimed waters to which a notice under paragraph (f) applies, equipment of a kind to which the notice applies, unless that equipment is registered, or there is a licence in respect of that equipment, under the law of a State or a Territory specified in the notice.

(2) A notice under this section may provide for exemptions from the prohibition contained in the notice.
Added by No. 48, 1959, s. 4; amended by No. 218, 1973, ss. 6 and 18.

(3) Without limiting the generality of the power conferred by sub-section (1) to prohibit the taking of fish included in a class of fish, that power extends to prohibiting, in the case of rock lobster, the taking of female rock lobster having eggs or spawn attached to them.
Added by No. 48, 1959, s. 4; amended by No. 218, 1973, s. 18.

(4) In a notice under paragraph (b) of sub-section (1), the Minister may also prohibit the cutting up or dismembering, on a boat in proclaimed waters, or in the area of proclaimed waters, as the case may be, of the fish, or of the fish included in the class of fish, specified in the notice that are taken from proclaimed waters, or from the area of proclaimed waters, as the case may be.

FISHERIES ACT 1952-1973 - SECT. 9.
Licences.

SECT

Substituted by No. 218, 1973, s. 7.
9. (1) The Minister or the Secretary may grant to a person a licence to engage in fishing in, or in a specified area of, proclaimed waters.

(2) The Minister or the Secretary may grant to a person a licence in respect of a boat authorizing the use of the boat by that person, or a person acting on his behalf, in, or in a specified area of, proclaimed waters for taking fish and for processing and carrying fish that have been taken with the use of that boat.

(3) The Minister or the Secretary may grant to a person a licence in respect of a boat authorizing the use of the boat by that person, or a person acting on his behalf, for carrying, or for processing and carrying, in, or in a specified area of, proclaimed waters fish that have been taken with the use of another boat.

(4) Where a licence granted under this section authorizes the use of a boat for a purpose in an area of proclaimed waters that includes an area of waters to which a notice under paragraph (d) of sub-section (1) of section 8 applies, the Minister or the Secretary may endorse the licence so as to extend it to authorize the use of the boat for that purpose in the area of waters to which the notice applies in respect of fish to which the notice applies.

(5) A licence granted under this section-

(a) is subject to such conditions as are specified in the licence;

(b) comes into force on a date specified in the licence or, if no date is so specified, on the date on which it is granted; and

(c) remains in force, subject to this section, until the expiration of the day specified in the licence, in accordance with sub-section (6), as the day until which it is to remain in force.

(6) A licence granted under this section shall specify as the day until which the licence is to remain in force a day in the period of twelve months commencing on the day on which the licence comes into force or, in the case of a licence that comes into force during the month of December in any year, a day not later than 31 December in the next succeeding year.

(7) The Minister or the Secretary may, on the application of the holder of a licence in respect of a boat and of another person as proposed transferee, transfer the licence to that other person.

(8) Such fees (if any) as are prescribed are payable in respect of the grant of a licence, the endorsement of a licence, or the transfer of a licence, under this section.

(9) A licence under this section shall be in accordance with a form approved by the Minister of State for Primary Industry.

(10) Registers showing particulars of the licences granted under this section and in force from time to time shall be kept at such places as the Minister directs.

(11) Nothing in this Act prevents a licence under this section and a licence of the same kind under a law of a State or Territory being combined and issued as one instrument.

FISHERIES ACT 1952-1973 - SECT. 9A.
Cancellation and suspension of licences.

SECT

Inserted by No. 218, 1973, s. 7.
9A. (1) The Minister or the Secretary may cancel a licence under section 9, or cancel such a licence in its application to an area of proclaimed waters, if-

(a) he is satisfied that there has been a contravention of, or a failure to comply with, a condition to which the licence is subject;

(b) the holder of the licence has been convicted of an offence under this Act or the Continental Shelf (Living Natural Resources) Act 1968 or that Act as amended; or

(c) the holder has been convicted of an offence under the law of a State or Territory relating to fisheries.

(2) The Minister or the Secretary may, by notice in writing expressed to be given under this sub-section given to the holder of a licence under section 9, suspend that licence if he has reasonable ground to suspect that there has been a contravention of, or a failure to comply with, a condition to which the licence is subject, not being grounds in relation to which he has previously exercised his powers under this sub-section.

(3) The suspension of a licence under sub-section (2), unless sooner revoked, ceases-

(a) if proceedings for an offence in respect of the licence are instituted against its holder within one month after the suspension-on the completion of those proceedings; or

(b) in any other case-on the expiration of one month after the suspension.

(4) The Minister or the Secretary may, by notice in writing expressed to be given under this sub-section given to the holder of a licence under section 9, suspend that licence for a specified period if-

(a) the holder has had a licence relating to a boat or to fishing held by him under the law of a State or Territory suspended or cancelled; and

(b) the Minister or the Secretary, as the case may be, is satisfied, after consulting the relevant authority of the State or Territory, that suspension for that period under this sub-section is necessary for the proper management of fisheries in an area.

(5) A suspension of a licence under sub-section (2) or (4) may be expressed to operate either generally or in so far as the licence applies in relation to a specified area of proclaimed waters.

FISHERIES ACT 1952-1973 - SECT. 10.
Powers of officers.

SECT

Amended by No. 116, 1967, s. 6; and No. 218, 1973, ss. 8 and 18.
10. An officer may-

(a) board or enter upon a boat in proclaimed waters or a boat that he has reason to believe has been used, is being used, or is intended to be used, for fishing in proclaimed waters and may search the boat for fish and for equipment used or capable of being used for fishing;

(b) examine any equipment found in any place, being equipment that he has reason to believe has been used, is being used, or is intended to be used, for fishing in proclaimed waters;

(c) seize, take, detain, remove and secure any fish, boat, net, trap or equipment which the officer has reason to believe has been taken or used, is being used, or is intended to be used, in contravention of this Act;

(d) without warrant, arrest a person whom the officer has reason to believe has committed an offence against this Act;

(e) require the master or other person in charge of a boat which the officer has reason to believe has been used, is being used or is intended to be used in contravention of this Act to bring the boat to a place in Australia or a Territory specified by the officer and to remain in control of the boat at that place until an officer permits him to depart from that place;

(f) bring a boat which the officer has reason to believe has been used, is being used or is intended to be used in contravention of this Act to a place in Australia or a Territory and may remain in control of that boat pending the taking and determination of proceedings in respect of that contravention;

(g) require the master or other person in charge of a boat required to be licensed under this Act to produce the licence for the boat and take copies of, or extracts from, the licence;

(h) require the master or other person in charge of a boat required to be licensed under this Act to give information concerning the boat and her crew and any person on board the boat;

(i) require a person who is on board a boat required to be licensed under this Act, or is engaged in fishing in proclaimed waters, or whom he reasonably suspects of having committed an offence against this Act, to state his name and place of abode;

(j) require a person engaged in fishing in proclaimed waters to state whether he is the holder of a licence under sub-section (1) of section 9 and, if so, to produce the licence; and

(k) sell any fish seized by him under this Act.

FISHERIES ACT 1952-1973 - SECT. 11.
Exploratory operations.

SECT

PART IV-RESEARCH AND DEVELOPMENT
Amended by No. 218, 1973, s. 9.
11. The Minister may cause to be carried out operations-

(a) for ascertaining whether fishing in an area of Australian waters can be engaged in on a commercial basis; and

(b) for the development of fisheries in Australian waters.

FISHERIES ACT 1952-1973 - SECT. 12.
Investigations.

SECT

Amended by No. 218, 1973, s. 10.
12. The Minister may cause investigations to be made into economic matters relating to fisheries in Australian waters.

FISHERIES ACT 1952-1973 - SECT. 13.
Offences.

SECT

PART V-MISCELLANEOUS
Substituted by No. 218, 1973, s. 11.
13. (1) A person shall not-

(a) in an area of proclaimed waters, engage in fishing, whether on his own account or as the partner, agent or employee of another person, unless he is the holder of a licence under sub-section (1) of section 9 authorizing him to do so;

(b) in an area of proclaimed waters-

(i) use a boat for taking fish;

(ii) use a boat for processing fish that have been taken with the use of that boat;

(iii) use a boat, not being a foreign boat, for carrying fish that have been taken with the use of that boat; or

(iv) have in his possession or in his charge a boat for taking fish,

unless he is, or he is acting on behalf of a person who is, the holder of a licence under sub-section (2) of section 9 authorizing the use of the boat in that area for taking fish;

(c) in an area of proclaimed waters, use a boat for processing or carrying fish that have been taken with the use of another boat unless he is, or he is acting on behalf of a person who is, the holder of a licence under sub-section (3) of section 9 authorizing the use of the first-mentioned boat for that processing or for that carrying, as the case may be, in that area;

(d) in an area of proclaimed waters, trans-ship fish to a boat in respect of which there is no licence under sub-section (3) of section 9 in respect of that area;

(e) in an area of proclaimed waters, have a fish in his possession or under his control in a boat at a time when the taking of the fish in that area is prohibited by a notice in force under section 8;

(f) being the holder of a licence under this Act, contravene a condition of the licence;

(g) being the holder of a licence under this Act in respect of a boat, cause or permit a person acting on his behalf to contravene a condition of the licence;

(h) being a person acting on behalf of the holder of a licence under this Act in respect of a boat, contravene a condition of the licence; or

(i) do an act prohibited by a notice for the time being in force under section 8.

Penalty: $1,000.

(2) A reference in sub-paragraph (iv) of paragraph (b) of subsection (1) to a boat shall be read as not including a reference to a foreign boat if the nets, traps and other equipment for the taking of fish belonging to the boat are stowed and secured.

(3) A person does not contravene paragraph (a), (b) or (c) of sub-section (1) by reason only of engaging in, or using a boat in, or having a boat for engaging in, traditional fishing.

(4) It is a defence to a prosecution for an offence arising under paragraph (e) of sub-section (1) if the person charged satisfies the court-

(a) that the fish was not taken, caught, captured or retained for trading or manufacturing purposes;

(b) that the fish was not taken, caught or captured in the area of proclaimed waters; or

(c) that the taking, catching or capturing of the fish was not in contravention of this Act.

(5) For the purposes of the prosecution of a person for an offence arising under paragraph (i) of sub-section (1), an act done by an employee or other agent of the person charged shall be deemed to have been done also by that person.

FISHERIES ACT 1952-1973 - SECT. 13A.
Removing fish from traps, &c.

SECT

Substituted by No. 218, 1973, s. 11.
13A. A person shall not, in proclaimed waters, remove a fish from a net, trap or other equipment for the taking of fish unless he is the owner of the net, trap or other equipment or is acting with the authority of the owner.

Penalty: $200 or imprisonment for 6 months.
Section 13AA repealed by No. 218, 1973, s. 11.
* * * * * * * *

FISHERIES ACT 1952-1973 - SECT. 13B.
Using or having charge of foreign boat for fishing in declared fishing zone.

SECT

Inserted by No. 218, 1973, s. 11.
13B. (1) A person shall not, in an area of proclaimed waters comprised in the declared fishing zone-

(a) use a foreign boat for taking fish;

(b) use a foreign boat for processing fish that have been taken with the use of that boat; or

(c) have in his possession or in his charge a foreign boat for taking fish,
unless there is in force a licence under sub-section (2) of section 9 authorizing the use of the boat in that area.

(2) A person shall not, in an area of proclaimed waters comprised in the declared fishing zone, use a foreign boat for processing or carrying fish that have been taken with the use of another boat unless there is in force a licence under sub-section (3) of section 9 authorizing the use of the first-mentioned boat for that processing or for that carrying, as the case may be, in that area.

(3) A reference in paragraph (c) of sub-section (1) to a foreign boat shall be read as not including a reference to a foreign boat if the nets, traps and other equipment for the taking of fish belonging to the boat are stowed and secured.

(4) A person does not contravene sub-section (1) or (2) by reason only of his using a boat for traditional fishing or of his having a boat in his possession or charge for the purposes of traditional fishing.

(5) A person who contravenes sub-section (1) or (2) is guilty of an offence punishable-

(a) upon summary conviction-by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or

(b) upon conviction on indictment-by a fine of not less than $1,000 and not exceeding $10,000 or imprisonment for a period not exceeding 1 year, or both.

(6) Subject to sub-section (7), an offence against this section may be prosecuted either summarily or upon indictment, but an offender is not liable to be prosecuted more than once in respect of the same offence.

(7) Proceedings in respect of an offence against this section shall not be heard and determined summarily except with the consent of the defendant.

FISHERIES ACT 1952-1973 - SECT. 13C.
Forfeiture.

SECT

Inserted by No. 218, 1973, s. 11.
13C. Where a court convicts a person of an offence against section 13 or section 13B, the court may order the forfeiture of-

(a) a boat, net, trap or equipment used in the commission of the offence;

(b) fish on board such a boat at the time of the offence; or

(c) the proceeds of the sale of any such fish.

FISHERIES ACT 1952-1973 - SECT. 13D.
Forfeited property.

SECT

Inserted by No. 218, 1973, s. 11.
13D. Any boat or other property ordered by a court to be forfeited under this Act becomes the property of Australia and shall be dealt with or disposed of in accordance with the directions of the Secretary.

FISHERIES ACT 1952-1973 - SECT. 14.
Obstruction of officers, &c.

SECT

Amended by No. 93, 1966, s. 3; and No. 218, 1973, ss. 12 and 18.
14. A person shall not-

(a) fail to facilitate by all reasonable means the boarding of a boat by an officer;

(b) refuse to allow a search to be made which is authorized by or under this Act;

(c) refuse or neglect to comply with a requirement made by an officer under section 10;

(d) when lawfully required to state his name and place of abode to an officer, state a false name or place of abode to the officer;

(e) when lawfully required by an officer to give information, give false or misleading information to the officer;

(f) use abusive or threatening language to an officer;

(g) assault, resist or obstruct an officer in the exercise of his powers under this Act;

(h) impersonate an officer; or

(i) in an application under this Act, make a statement or furnish information which is false or misleading in any particular.

Penalty: $1,000 or imprisonment for 6 months.

FISHERIES ACT 1952-1973 - SECT. 14A.
Liability of master or person in charge of boat.

SECT

Inserted by No. 218, 1973, s. 13.
14A. (1) The master or other person in charge of a boat on which, or by the use of which, an offence against this Act (in this section referred to as ''the primary offence'') is committed is guilty of an offence against this section punishable upon conviction as if it were the primary offence.

(2) A person may be convicted of an offence against this section, whether or not the identity of the person who committed the primary offence appears, or has appeared, from the evidence in the proceedings in respect of the offence against this section or in any other proceedings, but a person shall not be convicted both of an offence against this section and of the primary offence.

(3) The provisions of section 13 relating to forfeiture and of section 13C apply where a person is convicted of an offence against this section in like manner as they would apply if that person had been convicted of the primary offence.

FISHERIES ACT 1952-1973 - SECT. 15.
Jurisdiction of courts.

SECT

Substituted by No. 116, 1967, s. 9.
15. (1) Subject to this section-

(a) the several courts of the States are invested with federal jurisdiction; and

(b) jurisdiction is conferred on the several courts of the Territories,
with respect to offences against this Act or the regulations that are committed outside Australia and the Territories.
Substituted by No. 218, 1973, s. 14.

(2) The jurisdiction invested in or conferred on courts by sub-section (1) is invested or conferred within the limits (other than limits having effect by reference to the places at which offences are committed) of their several jurisdictions and is in addition to any other jurisdiction in relation to offences under this Act.
Substituted by No. 218, 1973, s. 14.

(3) The trial on indictment of an offence against this Act not committed within a State may be held in any State or Territory.
Sub-section (4) omitted by No. 218, 1973, s. 14.
* * * * * * * *

(5) Subject to this Act, the laws of a State or Territory with respect to the arrest and custody of offenders or persons charged with offences and the procedure for-

(a) their summary conviction;

(b) their examination and commitment for trial on indictment;

(c) their trial and conviction on indictment; and

(d) the hearing and determination of appeals arising out of any such trial or conviction or out of any proceedings connected therewith,
and for holding accused persons to bail apply, so far as they are applicable, to a person who is charged in that State or Territory with an offence against this Act or the regulations that was committed outside Australia and the Territories.

(6) Except as provided by this Act, the Judiciary Act 1903-1966 applies in relation to offences against this Act or the regulations.

FISHERIES ACT 1952-1973 - SECT. 16.
Evidence.

SECT

Sub-section (1) substituted by No. 48, 1959, s. 7; amended by No. 218, 1973, s. 15.
16. (1) Where, in proceedings for an offence against this Act or the regulations or in proceedings for the condemnation or recovery of a boat seized under this Act-

(a) an officer gives evidence that he suspects that fish to which the charge relates were taken in proclaimed waters or in a particular area of proclaimed waters or were taken for trading or manufacturing purposes, together with evidence of the grounds on which he so suspects; and

(b) the court considers that, having regard to that evidence, the suspicion is reasonable,
the fish shall, in the absence of proof to the contrary, be deemed to have been so taken.
Added by No. 218, 1973, s. 15.

(2) The Minister or a person authorized in writing by him to give certificates under this section may give a certificate-

(a) that, at a time specified in the certificate, a boat specified in the certificate was, or was not, an Australian boat;

(b) that, at a time specified in the certificate, an area of waters specified in the certificate was part of proclaimed water or part of the declared fishing zone;

(c) that, at a time specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence under sub-section (1) of section 9 to engage in fishing in an area of proclaimed waters specified in the certificate;

(d) that, at a time specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a licence under section 9 in respect of a boat specified in the certificate authorizing the use of the boat for a purpose specified in the certificate in an area of proclaimed waters specified in the certificate; or

(e) that, at a time specified in the certificate, a person specified in the certificate was, or was not, or no person was, the holder of a licence under section 9 in respect of a boat specified in the certificate endorsed under sub-section (4) of that section so as to authorize the use of the boat in an area of proclaimed waters specified in the certificate for a purpose specified in the certificate relating to fish of a kind specified in the certificate.
Added by No. 218, 1973, s. 15.

(3) A person giving a certificate under paragraph (d) or (e) of sub-section (2) that a person was the holder of a licence may, in the certificate, certify that conditions specified in the certificate were the conditions specified in the licence.
Added by No. 218, 1973, s. 15.

(4) In proceedings for an offence against this Act or the regulations, a certificate given under this section is prima facie evidence of the matters specified in the certificate.
Added by No. 218, 1973, s. 15.

(5) For the purposes of this section, a writing purporting to be a certificate given under this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.

FISHERIES ACT 1952-1973 - SECT. 16A.
Certain payments to be made by Australia to Administrations of certain
Territories.

SECT

Inserted by No. 116, 1967, s. 10.
Sub-section (1) substituted by No. 93, 1970, s. 6.
16A. (1) This section applies in relation to the Territory of Papua, the Territory of New Guinea and Norfolk Island.
Amended by No. 218, 1973, ss. 16 and 18.

(2) Australia shall, not later than the last day of each month of the year, pay to the Administration of a Territory in relation to which this section applies an amount equal to the amount of any fee received by Australia during the preceding month in respect of the grant of an application for a licence, or the transfer of a licence, under section 9 to a person resident in, or in respect of a boat the operations of which are based on a place in, that Territory.

FISHERIES ACT 1952-1973 - SECT. 17.
Regulations.

SECT

Sub-section (1) amended by No. 48, 1959, s. 8; No. 93, 1966, s. 3; and No. 218, 1973, s. 17.
17. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular-

(a) for prescribing penalties not exceeding Two hundred dollars for offences against the regulations;

(b) for prescribing signals and rules of navigation to be observed by fishermen in proclaimed waters;

(c) for providing for the marking of boats licensed under this Act and of nets, traps and other equipment used for taking fish;

(ca) for providing for service in actions for the condemnation of foreign boats seized as forfeited;

(d) for providing for the sale or disposal of unclaimed nets, traps or other fishing equipment found in proclaimed waters;

(e) for regulating the rights of priority as between fishermen in proclaimed waters and for prescribing the rules of fishing in proclaimed waters; and

(f) for providing for the furnishing of returns containing information in relation to-

(i) the taking of fish in Australian waters and the sale or disposal of such fish; or

(ii) the processing of fish in Australia or in Australian waters and the sale or disposal of fish so processed.
Added by No. 218, 1973, s. 17.

(2) The Minister of State for Primary Industry shall cause to be compiled, from the returns furnished under regulations made under subsection (1) and from other sources, statistics in relation to the matters referred to in paragraph (f) of sub-section (1) and shall publish or make available, in such manner as he thinks fit, such of those statistics as he thinks fit.
Added by No. 218, 1973, s. 17.

(3) Information derived from returns furnished under regulations made under this section is not to be used for purposes other than statistical purposes.
Added by No. 218, 1973, s. 17.

(4) A person is not excused from furnishing a return required by regulations made under this section, or including information in such a return, on the ground that the return or information might tend to incriminate him, but his return is not admissible in evidence against him in any proceedings, other than proceedings in respect of false information contained in the return or in respect of a refusal or failure to include information in the return.
Added by No. 218, 1973, s. 17.

(5) In this section, ''Australian waters'' includes Australian waters within territorial limits.
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FISHERIES ACT 1952-1973 - NOTE


NOTE
1. The Fisheries Act 1952-1973 comprises the Fisheries Act 1952 as amended by the other Acts specified in the following table:
----------------------------------------------------------------------------

Number Date of
Act and year Date of
Assent commencement
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Fisheries Act 1952 No. 7, 1952 13 Mar 1952 1 Jan 1955 (see
Gazette 1954, p.
3611)
Fisheries Act 1953 No. 3, 1953 6 Mar 1953 1 Jan 1955 (see
Gazette 1954, p.
3611)
Fisheries Act 1956 No. 4, 1956 27 Mar 1956 24 Apr 1956
Fisheries Act 1959 No. 48, 1959 22 May 1959 19 June 1959
Statute Law Revision
(Decimal Currency) Act
1966 No. 93, 1966 29 Oct 1966 1 Dec 1966
Fisheries Act 1967 No. 116, 1967 17 Nov 1967 30 Jan 1968 (see
Gazette 1968, p.
48)
Fisheries Act 1968 No. 150, 1968 9 Dec 1968 S. 3 (1): 15 April
1970 (a)
Remainder: Royal
Assent
Fisheries Act 1970 No. 93, 1970 2 Nov 1970 2 Nov 1970
Fisheries Act 1973 No. 218, 1973 20 Dec 1973 Ss. 1, 2, 8, 18 and
20:
Royal Assent
Remainder:
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(a) Section 2 of the Fisheries Act 1968 provides as follows:

''2. (1) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

''(2) Sub-section (1) of section 3 of this Act shall come into operation on the date on which the Continental Shelf (Living Natural Resources) Act 1968 comes into operation.''

The Continental Shelf (Living Natural Resources) Act 1968 came into operation on a date fixed by Proclamation. The date fixed was 15 April 1970 (see Gazette 1970, p. 1499).