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This is a Bill, not an Act. For current law, see the Acts databases.


FISHERIES AMENDMENT BILL 2008

         Queensland



Fisheries Amendment
Bill 2008

 


 

 

Queensland Fisheries Amendment Bill 2008 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 14 (Aborigines' and Torres Strait Islanders' rights to take fisheries resources etc.) . . . . . . . . . . . . . . . . . . . . . 4

 


 

 

2008 A Bill for An Act to amend the Fisheries Act 1994 for particular purposes

 


 

Fisheries Amendment Bill 2008 [s 1] The Parliament of Queensland enacts-- 1 Clause 1 Short title 2 This Act may be cited as the Fisheries Amendment Act 2008. 3 Clause 2 Commencement 4 This Act commences on a day to be fixed by proclamation. 5 Clause 3 Act amended 6 This Act amends the Fisheries Act 1994. 7 Clause 4 Amendment of s 14 (Aborigines' and Torres Strait 8 Islanders' rights to take fisheries resources etc.) 9 (1) Section 14, heading-- 10 omit, insert-- 11 `14 Defence for Aborigines and Torres Strait Islanders for 12 particular offences'. 13 (2) Section 14(1)-- 14 omit, insert-- 15 `(1) It is a defence in a proceeding against a person for an offence 16 against this Act relating to the taking, using or keeping of 17 fisheries resources, or the using of fish habitats, for the person 18 to prove-- 19 (a) the person is an Aborigine, who at the time of the 20 offence was acting under Aboriginal tradition, or the 21 person is a Torres Strait Islander, who at the time of the 22 offence was acting under Island custom; and 23 (b) the taking, using or keeping of the fisheries resources, or 24 the using of the fish habitats, was for the purpose of 25 satisfying a personal, domestic or non-commercial 26 Page 4

 


 

Fisheries Amendment Bill 2008 [s 4] communal need of the Aborigine or Torres Strait 1 Islander; and 2 (c) depending on whichever of the following applies-- 3 (i) for an offence relating to the taking or using of 4 fisheries resources, or the using of fish 5 habitats--the taking or using of the fisheries 6 resources, or using of the fish habitats, was carried 7 out using recreational fishing apparatus in waters 8 other than prescribed waters; or 9 (ii) for an offence relating to the keeping of fisheries 10 resources-- 11 (A) the fisheries resources kept were taken using 12 recreational fishing apparatus in waters other 13 than prescribed waters; and 14 (B) at the time of the offence, the fisheries 15 resources were not in prescribed waters.'. 16 (3) Section 14(2), `or management plan'-- 17 omit. 18 (4) Section 14(3)-- 19 omit, insert-- 20 `(3) In this section-- 21 prescribed waters means waters-- 22 (a) that are regulated waters under a regulation under this 23 Act; and 24 (b) that are prescribed specifically under a regulation for the 25 purpose of this section; and 26 (c) where the taking of any fish, or the possession of any 27 fish taken, by any person is prohibited. 28 Page 5

 


 

Fisheries Amendment Bill 2008 [s 4] recreational fishing apparatus means fishing apparatus that 1 is recreational fishing apparatus under a regulation under this 2 Act.'. 3 State of Queensland 2008 Page 6

 


 

AMENDMENTS TO BILL

Fisheries Amendment Bill 2008 Fisheries Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 4 (Amendment of s 14 (Aborigines' and Torres Strait Islanders' rights to take fisheries resources etc.)) At page 5, lines 8 and 13, `recreational'-- omit, insert-- `prescribed'. 2 Clause 4 (Amendment of s 14 (Aborigines' and Torres Strait Islanders' rights to take fisheries resources etc.)) At page 5, before line 22-- insert-- `prescribed fishing apparatus means-- (a) fishing apparatus that is recreational fishing apparatus under a regulation under this Act; or (b) fishing apparatus that is used under Aboriginal tradition or Island custom, and prescribed specifically under a regulation for the purpose of this section.'. 3 Clause 4 (Amendment of s 14 (Aborigines' and Torres Strait Islanders' rights to take fisheries resources etc.)) At page 5, line 28, `prohibited.'-- omit, insert-- `prohibited.'.'. 4 Clause 4 (Amendment of s 14 (Aborigines' and Torres Strait Islanders' rights to take fisheries resources etc.)) At page 6, lines 1 to 3-- omit. Page 1

 


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