Fisheries (Master Fisherman's Licences) Bill
EXPLANATORY MEMORANDUM
Clause I cites the purpose of the Act.
Clause 2 provides for the Act to come into operation on a day on which it is proclaimed,
except for Section 5 dealing with the transfer of abalone licences which is to come into
operation on the day on which the Act receives the Royal Assent.
Clause 3 names the Fisheries Act 1968 as the Principal Act.
Clause 4 inserts new section 13AA to provide for the transfer of certain master fisherman's
licences in the Principal Act.
Sub-section (I) defines "consolidated master fisherman's licence", "current master
fisherman's licence", "holder" and "new master fisherman's licence".
Sub-section (2) provides for application for two current master fisherman's licences
endorsed for the same locality and endorsed to permit the taking of fish in any prescribed
bay, estuary or inlet to be transferred by the issue of a consolidated master fisherman's
licence endorsed for the same locality.
Sub-section (3) provides for application for the transfer of a consolidated master
fisherman's licence.
Sub-section (4) provides for application for the transfer of a new master fisherman's
licence endorsed to permit the taking of fish in any prescribed bay, estuary or inlet.
Sub-section (5) provides for an endorsement permitting the use of a long line in Port
Phillip Bay being made on a consolidated master fisherman's licence.
Suh-section (6) authorizes the refunding of half the amount offees paid by a holder
of a current master fisherman's licence for the issue or renewal of the licence if the
licence is transferred to a consolidated master fisherman's licence.
Sub-sections (7), (8) and (9) stipulate criteria which the Director of Fisheries and
Wildlife must take into account in considering whether to grant or refuse applications
under this section.
Sub-section (10) empowers the Director of Fisheries and Wildlife to refuse or grant
an application under this section or vary an endorsement on a licence issued under this
section.
Sub-section (11) enables any applicant aggrieved by the refusal of the Director of
Fisheries and Wildlife to approve the application to appeal to the Licensing Appeals
Tribunal against the refusal.
Sub-section (12) provides the penalty for any person found guilty of providing false
or misleading information in connection with any application under this section.
Sub-section (13) enables the Minister to cancel or suspend a licence upon conviction
of a person for an offence against sub-section (12).
Suh-sectiol/S (14), (15) and (16) provide for the transfer of a master fisherman's
licence bearing an endorsement permitting the taking of fish in any prescribed bay,
estuary or inlet to which this section applies if the holder of a master fisherman's licence
has died.
This clause also inserts nCII' scction 13AB into the Principal Act to provide for the issue
of master fisherman's licences by public tender.
14-[234)-1000/2.1 O.1986-2234/86-(Rcvision No. 2) (921)
Sub-sections (I) and (2) authorize the Director of Fisheries and Wildlife to invite
public tender applications for master fisherman's licences which are endorsed to permit
the taking offish in a particular prescribed bay, estuary or inlet.
Suh-sectioll (3) provides for publication of notice ofthe public tender.
Sub-sections (4) and (5) stipulate the criteria which the Director of Fisheries and
Wildlife must take into account in considering whether to invite public tender
applications for the issue of a master fisherman's licence.
Sub-sect lOllS (6), (7) alld (8) stipulate the criteria which the Director of Fisheries and
Wildlife must take into account in accepting a public tender application.
Sub-section (9) enables the Director of Fisheries and Wildlife to impose conditions,
limitations and restrictions on a master fisherman's licence at the time of issue of the
licence.
Sub-section (10) provides that the Director of Fisheries and Wildlife must not issue
a master fisherman's licence under this section unless the relevant fee has been paid by
the applicant.
Sub-section (11) enables an applicant who is aggrieved by the refusal of the Director
of Fisheries and Wildlife to issue a master fisherman's licence on the grounds that the
applicant is not a fit and proper person, to appeal to the Licensing Appeals Tribunal.
Sub-section (12) stipulates the time limits imposed upon the Director of Fisheries
and Wildlife in issuing a master fisherman's licence after refusing an application on the
ground that the applicant is not a fit and proper person.
Sub-section (13) provides the penalty for any person found guilty of providing false
or misleading information in connection with any application under this section.
Sub-sect ion ( 14) enables the Minister to cancel or suspend a licence upon conviction
of a person for an offence described in sub-section (13).
Clause 5 inserts new sub-section 7A into section 13A of the Principal Act to authorize
the refunding of half of the amount of fees paid by the holder of an abalone licence for the
issue or renewal of the licence if the licence is transferred to a consolidated abalone licence.
Clause 6 amends section 81 of the Principal Act by inserting new paragraph (aga) in
sub-section (I) to enable regulations to be prescribed to stipulate what experience in
commercial fishing an applicant must have before being considered for a master fisherman's
licence under section 13AA or 13AB.
The clause also inserts new sub-section (2A) into section 81 of the Principal Act to allow
any regulation made under the section to apply adopt or incorporate (with or without
modification) codes, standards etc. of any authority or body or the provisions of any Act of
the Commonwealth. another State or ofa Territory.
By Authorny F D Atkmson Government Printer Melbourne