Living Marine Resources Management (Miscellaneous Amendments) Act 2007
An Act to amend the Living Marine Resources Management Act 1995 and for related purposes
[Royal Assent 30 April 2007]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Living Marine Resources Management (Miscellaneous Amendments) Act 2007 .
(1) This Act, other than section 81 , commences on the day on which it receives the Royal Assent.(2) Section 81 commences on 1 September 2007.
In this Act, the Living Marine Resources Management Act 1995 is referred to as the Principal Act.
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendments effected by this section have been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
81. Section 302 substituted
Section 302 of the Principal Act is repealed and the following section is substituted:302. Geocentric Datum of Australia
(1) Where, on or after 1 September 2007, it is necessary to determine the position on the earth's surface of a point, line or area for the purposes of this Act or an allied enactment, then, unless the Minister determines otherwise, the position is to be determined by reference to the GDA.(2) For the avoidance of doubt, subsection (1) has effect even if the determination is being made in respect of something that occurred before 1 September 2007.(3) However, for the purposes of pre-existing subordinate legislation, the position is to be determined by reference to the superseded datum.(4) Subsection (3) has effect regardless of whether –(a) the pre-existing subordinate legislation contains any amendments effected on or after 1 September 2007; or(b) the determination is in respect of any provision inserted in the pre-existing subordinate legislation on or after that date.(5) A Ministerial determination under subsection (1) –(a) is to be made by instrument in writing; and(b) may be of general application or limited in its application according to matters, criteria or restrictions (whether as to time, area, circumstance or otherwise) as are specified in the determination; and(c) is invalid if it purports to have retrospective effect.(6) The Minister may –(a) by instrument in writing revoke a determination under subsection (1) ; and(b) cause any such determination or its revocation to be published in such ways as the Minister thinks fit.(7) In any proceedings for an offence under this Act or an allied enactment, a document purporting to be signed by the Minister and to be a copy of a determination under subsection (1) is evidence of the determination.(8) In this section –allied enactment means an enactment that –(a) is contained in an Act that regulates any matters relating to sea fisheries or marine farming; and(b) incorporates this section;GDA means the Geocentric Datum of Australia (also known as "the GDA" or "GDA94") as defined in the Commonwealth Gazette No. GN 35, 6 September 1995;legislative instrument includes a public notice that has the effect of regulating, either directly or indirectly, any matters relating to sea fisheries or marine farming;pre-existing subordinate legislation means a statutory rule or other legislative instrument made under this Act or an allied enactment before 1 September 2007;statutory rule means a statutory rule within the meaning of the Rules Publication Act 1953 ;superseded datum means the provisions of this section as in force immediately before 1 September 2007.
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The amendment effected by this section has been incorporated into the authorised version of the Living Marine Resources Management Act 1995 .
The Fisheries Penalties Regulations 2001 are, and are to be taken as having always been, valid.
86. Meaning of certain penalties specified in rules, &c.
(1) The word "Fine", when used in the expression "Fine not exceeding the applicable Grade 3 penalty" in any regulations, rules or management plans made or approved under the Principal Act before the commencement day, is taken to include and to have always included a reference to a term of imprisonment.(2) Accordingly, in sentencing a person who has been found guilty of a fisheries offence committed before or after the commencement day, a court may, without limiting its other sentencing powers or discretions, order that the person serve a term of imprisonment if that is prescribed as one of the penalties that may be imposed on the person in the circumstances.(3) However, if the court does order the person to serve a term of imprisonment, that term is not to exceed the term prescribed for the circumstances of the person's offence.(4) In this section –commencement day means the day on which this Act commences;fisheries offence means an offence against a regulation, rule or management plan made or approved under the Principal Act before the commencement day and for which the penalty is expressed to be a "Fine not exceeding the applicable Grade 3 penalty".