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[Heading inserted: No. 54 of 1994 s. 5.]
This Act may be cited as the Fisheries Adjustment Schemes Act 1987.
This Act shall come into operation on a day to be fixed by proclamation.
In this Act, unless the contrary intention appears —
Account means the Fisheries Adjustment Schemes Trust Account kept at the Treasury under section 5;
affected person, in relation to a compulsory fisheries adjustment scheme, means a person who holds —
an authorisation that is to be cancelled; or
an entitlement that is to be reduced,
under that scheme;
chairman means the chairman of a committee;
committee means a committee of management established under section 11;
Compensation Act means the Fishing and Related Industries Compensation (Marine Reserves) Act 1997;
compulsory fisheries adjustment scheme means a scheme established under section 14B;
eligible person, in relation to a voluntary fisheries adjustment scheme, means a person who is entitled to offer the surrender of —
an authorisation; or
part of an entitlement,
under that scheme;
fisheries adjustment scheme means —
a compulsory fisheries adjustment scheme; or
a voluntary fisheries adjustment scheme;
Fisheries Research and Development Account means the Fisheries Research and Development Account referred to in the Fish Resources Management Act 1994;
member, in relation to a committee, means a member of the committee;
Recreational Fishing Account means the Recreational Fishing Account referred to in the Fish Resources Management Act 1994;
voluntary fisheries adjustment scheme means a scheme established under section 10B.
Unless the contrary intention appears, an expression used in this Act has the same meaning as in the Fish Resources Management Act 1994.
In this Act, a reference to reducing the size of any fishery or fisheries includes a reference to —
reducing the number of persons fishing in the fishery or fisheries; or
reducing the number of boats used for fishing in the fishery or fisheries; or
reducing the amount of fishing gear used for fishing in the fishery or fisheries; or
reducing the quantity of fish taken from the fishery or fisheries; or
reducing the period of time during which fishing is engaged in within the fishery or fisheries; or
reducing the area in which fishing is engaged in within the fishery or fisheries.
In subsection (3) —
reducing, in relation to a number, amount or quantity, includes reducing the number, amount or quantity to zero.
[Section 3 amended: No. 54 of 1994 s. 6; No. 39 of 1997 s. 14; No. 55 of 2004 s. 395; No. 77 of 2006 Sch. 1 cl. 69(1); No. 38 of 2009 s. 4.]
Nothing in this Act limits or affects the operation of the Fish Resources Management Act 1994.
Without limiting subsection (1), nothing in this Act —
requires a fisheries adjustment scheme to be established under this Act before anything can be done under that Act; or
requires compensation to be paid in respect of anything done or omitted to be done under that Act; or
otherwise prevents or limits the doing of anything under that Act.
[Section 3A inserted: No. 54 of 1994 s. 7.]
[4. Deleted: No. 54 of 1994 s. 8.]
[Heading inserted: No. 54 of 1994 s. 9.]
An agency special purpose account called the Fisheries Adjustment Schemes Trust Account is established under section 16 of the Financial Management Act 2006.
The Account shall consist of —
the fees paid under this Act; and
moneys borrowed by the Minister for the purposes of this Act; and
moneys credited to the Account from the Fisheries Research and Development Account or the Recreational Fishing Account; and
moneys credited to the Account under section 15A(4); and
moneys provided for the purposes of the Account by any government or statutory authority or otherwise by way of donations or bequests; and
amounts derived from the investment of moneys credited to the Account; and
such amounts as may be appropriated by Parliament for the purposes of this Act; and
any other moneys lawfully payable to the credit of the Account.
The Minister shall cause to be maintained as part of the Account a separate account in respect of each fisheries adjustment scheme established under this Act.
[Section 5 amended: No. 41 of 1990 s. 5; No. 54 of 1994 s. 10; No. 28 of 2006 s. 226; No. 77 of 2006 Sch. 1 cl. 69(2) and (3).]
The Account shall be applied —
in payment of compensation agreed under a voluntary fisheries adjustment scheme to be paid to an eligible person; and
in payment of compensation required to be paid to a person in respect of a compulsory fisheries adjustment scheme; and
to the purchase of any fishing boat or fishing gear from a person under section 15A; and
in payment of the costs of administering this Act, but not including the remuneration paid to public officers; and
in repayment of moneys borrowed for the purposes of this Act, including payment of interest and other outgoings associated with the borrowing; and
in repayment of surplus amounts in accordance with section 9.
In the case of a scheme established because of a relevant event as defined in the Fishing and Related Industries Compensation (Marine Reserves) Act 1997, a payment or purchase under subsection (1)(a), (aa) or (b) is to be made from moneys appropriated for the purposes of this subsection.
[Section 6 amended: No. 54 of 1994 s. 11; No. 39 of 1997 s. 14.]
The Minister may borrow from the Treasurer for the purposes of this Act such amounts as the Treasurer approves on such conditions as to repayment and payment of interest as the Treasurer imposes.
The Minister may borrow money for the purposes of this Act from persons other than the Treasurer, but only with the prior approval of the Treasurer as to the amount and the terms and conditions of the loan.
Moneys borrowed under this Act must be credited to the Account and liabilities incurred in respect of the borrowing will be charged to the Account.
[Section 7 amended: No. 49 of 1996 s. 64.]
Where a fisheries adjustment scheme is established the Governor may, for the purposes of that scheme, by regulation impose a fee payable by the holder of an authorisation that authorises fishing in a fishery to which the scheme applies.
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 —
that different fees are payable by different holders of authorisations;
that specified holders of authorisations are not liable to pay fees.
A regulation imposing a fee under this section shall fix the amount of the fee and prescribe the date or dates by which payments must be made.
The amount of the fee fixed under this section may be a specified amount of money payable in respect of an authorisation or may be an amount that is to be calculated by reference to the entitlement under an authorisation, including the boat or boats, nets or pots being used, or the activities being carried out, under an authorisation.
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 —
the payment of interest and other outgoings associated with amounts borrowed under section 7 for the purposes of the scheme; and
the administration of the scheme.
If the holder of an authorisation is liable to pay any fee referred to in subsection (1) and has not paid the fee when it becomes due, the CEO may, by notice in writing given to the holder —
cancel the authorisation; or
suspend the authorisation for a specified period.
A fee that is due and payable constitutes a debt due to the Minister payable in the manner and at the place prescribed and unpaid fees may be sued for and recovered in any court of competent jurisdiction.
A fee imposed under this section may be varied by further regulation made by the Governor.
[Section 8 amended: No. 41 of 1990 s. 6; No. 54 of 1994 s. 12; No. 28 of 2006 s. 228; No. 38 of 2009 s. 5.]
If upon the conclusion of the period of operation of a fisheries adjustment scheme the Minister is satisfied that there is available in the account maintained for that scheme a credit balance in excess of the amount reasonably required for the purpose of satisfying all the outstanding liabilities of that scheme, the Minister shall cause the amount of that credit balance to be applied —
in returning that proportion of the balance attributable to parliamentary appropriation, to the credit of the Consolidated Account; and
in returning that proportion of the balance attributable to moneys credited to the Account from the Fisheries Research and Development Account or the Recreational Fishing Account, to the credit of the Account from which the moneys came; and
in returning that proportion of the balance attributable to fees, to those persons pro rata who, upon the conclusion of the period of operation of the scheme, are holders of authorisations that authorise fishing in a fishery to which the scheme applies and have paid fees under section 8 in respect of those authorisations; and
in the case of any other moneys, to the credit of the Fisheries Research and Development Account or the Recreational Fishing Account, as the Minister thinks fit.
[Section 9 amended: No. 41 of 1990 s. 7; No. 6 of 1993 s. 11; No. 54 of 1994 s. 13; No. 77 of 2006 s. 4 and Sch. 1 cl. 69(4); No. 38 of 2009 s. 6.]
The provisions of the Financial Management Act 2006 and the Auditor General Act 2006 regulating the financial administration, audit and reporting of departments apply to and in respect of the Account and the administration of the Account shall for the purposes of section 52 of the Financial Management Act 2006 be regarded as a service of the Department.
[Section 10 amended: No. 28 of 2006 s. 227; No. 77 of 2006 Sch. 1 cl. 69(5).]