Western Australia
Fisheries Adjustment Schemes Amendment Act 2009
CONTENTS
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Section 8 amended 2
6. Section 9 amended 4
7. Section 10B amended 4
8. Section 14B amended 4
9. Section 14D amended 5
10. Section 14E amended 6
11. Schedule 1 amended 6
Western Australia
Fisheries Adjustment Schemes Amendment Act 2009
No. 38 of 2009
An Act to amend the Fisheries Adjustment Schemes Act 1987.
[Assented to 3 December 2009]
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Fisheries Adjustment Schemes Amendment Act 2009.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on the day after that day.
3. Act amended
This Act amends the Fisheries Adjustment Schemes Act 1987.
4. Section 3 amended
After section 3(3) insert:
(4) In subsection (3) —
reducing, in relation to a number, amount or quantity, includes reducing the number, amount or quantity to zero.
5. Section 8 amended
(1) In section 8(1) delete “every holder” and insert:
the holder
(2) After section 8(1) insert:
(2A) Without limiting the Interpretation Act 1984 section 45, regulations made for the purposes of subsection (1) in relation to a voluntary fisheries adjustment scheme may provide —
(a) that different fees are payable by different holders of authorisations;
(b) that specified holders of authorisations are not liable to pay fees.
(3) In section 8(3):
(a) delete “each authorisation” and insert:
an authorisation
(b) after “reference to” insert:
the entitlement under an authorisation, including
(4) After section 8(3) insert:
(3AA) Without limiting subsection (3), fees may be fixed under this section for the purposes of a fisheries adjustment scheme that will allow recovery of expenditure that has been or is to be incurred in —
(a) the payment of interest and other outgoings associated with amounts borrowed under section 7 for the purposes of the scheme; and
(b) the administration of the scheme.
(5) In section 8(3a) delete “has not paid any fee referred to in subsection (1)” and insert:
is liable to pay any fee referred to in subsection (1) and has not paid the fee
6. Section 9 amended
In section 9:
(a) in paragraph (b) delete “applies; and” and insert:
applies and have paid fees under section 8 in respect of those authorisations; and
(b) after each of paragraphs (a) and (aa) insert:
and
7. Section 10B amended
In section 10B(2):
(a) in paragraph (a) delete “scheme;” and insert:
scheme, including, if applicable, the objective of enabling the surrender of all the authorisations relating to the fishery or fisheries; and
(b) after paragraph (b) insert:
and
8. Section 14B amended
In section 14B(3):
(a) in paragraph (a) delete “scheme;” and insert:
scheme, including, if applicable, the objective of cancelling all the authorisations relating to the fishery or fisheries; and
(b) in paragraph (e) before “specify” insert:
if not all the authorisations relating to the fishery or fisheries are to be cancelled,
(c) after each of paragraphs (b), (c) and (d) insert:
and
9. Section 14D amended
In section 14D(2):
(a) in paragraph (a) delete “scheme;” and insert:
scheme, including, if applicable, the objective of cancelling all the authorisations relating to the fishery or fisheries; and
(b) in paragraphs (d) and (e) after “if” insert:
not all the authorisations relating to the fishery or fisheries are to be cancelled and
(c) after each of paragraphs (b), (c) and (d) insert:
and
10. Section 14E amended
Before section 14E(1) insert:
(1A) This section does not apply to a scheme under which all the authorisations relating to the fishery or fisheries are to be cancelled.
11. Schedule 1 amended
In Schedule 1 clause 5 delete “telegram or telex” and insert:
telegram, telex, facsimile transmission, email or other similar means
