Fisheries Legislation (Consequential Provisions) Act 1991

This Act may be cited as the Fisheries Legislation (Consequential Provisions) Act 1991.

Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.

Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

If a provision mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

The following Acts are repealed:

Continental Shelf (Living Natural Resources) Act 1968;

Fisheries Agreements (Payments) Act 1981.

The Fisheries Act 1952, other than Part IVA, is repealed.

In this Act, unless the contrary intention appears:

AFMA means the Australian Fisheries Management Authority.

Part 2-Saving and Transitional Provisions

Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, a permit granted to a person under section 6B of that Act that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it is revoked, as if the Fisheries Act 1952, other than Part IVA, had not been repealed and that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before the commencement of this section continue to apply in relation to the permit, the holder of the permit or a person acting on behalf of the holder of the permit to the extent that they are capable of so applying.

Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued application, of an instrument mentioned in that subsection.

A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a permit continued in force under subsection (1).

Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, a licence granted to a person under section 9 of that Act that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it is surrendered or cancelled, as if the Fisheries Act 1952, other than Part IVA, had not been repealed and that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before the commencement of this section continue to apply in relation to the licence, the holder of the licence or a person acting on behalf of the holder of the licence to the extent that they are capable of so applying.

Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued application, of an instrument mentioned in that subsection.

A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a licence continued in force under subsection (1).

Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before that repeal continue in force after that repeal to the extent necessary for the continuing operation of that Part.

Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued operation, of an instrument mentioned in that subsection or the making or determination of such an instrument under that Act in its continued operation.

Part IVA of the Fisheries Act 1952, unless sooner repealed, ceases to have effect at the end of the period of 3 years beginning on the day on which this section commences.

Upon the commencement of Part 5 of the Fisheries Management Act 1991:

the Northern Territory Fisheries Joint Authority and the Western Australian Fisheries Joint Authority established under section 12D of the Fisheries Act 1952 continue in existence as if they had been established under Part 5 of the Fisheries Management Act 1991; and

any arrangement made with a State or Territory under subsection 12H(1) or (4) of the Fisheries Act 1952 that was in force immediately before that commencement continues in force as if it had been made under Part 5 of the Fisheries Management Act 1991.

Without limiting the operation of section 5, 6 or 7, a person who, immediately before the repeal of the Fisheries Act 1952, other than Part IVA, was a person mentioned in paragraph (a) of the definition of officer in subsection 4(1) of that Act is taken, after the commencement of section 83 of the Fisheries Management Act 1991, to be an officer appointed under that section.

Despite the repeal of the Continental Shelf (Living Natural Resources) Act 1968 by this Act, a prescribed concession that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it otherwise ceases to have effect, as if the Continental Shelf (Living Natural Resources) Act 1968 had not been repealed and that Act and instruments made or determined under that Act (including regulations or notices) as in force immediately before the commencement of this section continue to apply in relation to the prescribed concession, the holder of the concession or a person acting on behalf of the holder of the concession to the extent that they are capable of so applying.

Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation under the Continental Shelf (Living Natural Resources) Act 1968 in its continued application, of an instrument mentioned in that subsection.

A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a prescribed concession continued in force under subsection (1).

In this section:

prescribed concession means:

a licence granted to a person under section 13 of the Continental Shelf (Living Natural Resources) Act 1968; or

a permit granted to a person under section 23 of that Act.

A person who:

immediately before the commencement of the Fisheries Administration Act 1991 was employed under the Public Service Act 1922; and

from and including that commencement is employed by AFMA;

is taken, until AFMA determines otherwise, to be engaged on the same terms and conditions, and to be subject to the same industrial award, as in force from time to time, as applied to the person immediately before that commencement.

Before making a determination under subsection 68(2) of the Fisheries Administration Act 1991 affecting persons mentioned in subsection (1), AFMA must consult fully with organisations representing such persons for industrial relations purposes.

The Minister may, after the commencement of the Fisheries Administration Act 1991, cause to be transferred to AFMA any assets held by the Commonwealth that the Minister considers appropriate to be transferred to AFMA for the performance of its functions and the exercise of its powers.

Subsection (1) does not prevent the Commonwealth from transferring any asset to AFMA otherwise than under that subsection.

Where, immediately before the transfer:

a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or

a debt, liability or obligation of the Commonwealth existed in respect of the assets;

the right, debt, liability or obligation, as the case may be, of the Commonwealth is, by force of this section, transferred to AFMA.

Where, immediately before the transfer:

proceedings by the Commonwealth were pending in a court; and

the proceedings related to such a debt, liability or obligation;

then, to the extent that the proceedings so relate, they may be continued by AFMA and AFMA is to be substituted for the Commonwealth.

The Minister may, by writing signed by him or her, declare that a specified agreement or a specified instrument:

to which the Commonwealth or the Commonwealth Government is a party; and

that immediately before the commencement of the Fisheries Administration Act 1991 related to fisheries;

has effect, after that commencement, as if:

AFMA were substituted for the Commonwealth or the Commonwealth Government, as the case may be, as a party to the agreement or instrument; and

any reference in the agreement or instrument to the Commonwealth or the Commonwealth Government were (except in relation to matters that occurred before that commencement) a reference to AFMA;

and, where the Minister makes such a declaration, it has effect accordingly.

Part 3-Amendment of the Primary Industries and Energy Research and Development Act 1989