Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003

2003/230

Fisheries (Demerit Points and Civil Penalties) Amendment Regulations 2003


Note

These regulations are administered in the Ministry of Fisheries.


Pursuant to section 296ZI of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation
  • Regulation 3 of the principal regulations is amended by omit ting from the definition of standards and specifications

    • (a) the expression 13 March 2001, and substituting the expression 13 December 2002 ; and

    • (b) the expression 29 March 2001, and substituting the expression 18 December 2002.

4 Schedule 1 amended
  • (1) Schedule 1 of the principal regulations is amended by omitting from the first column of item 5(1) the words data exchange.

    (2) Schedule 1 of the principal regulations is amended by adding to item 9 the following paragraph:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    (6)A requirement about electronic data transfer1020

    (3) Schedule 1 of the principal regulations is amended—

    • (a) by omitting the expression 10 from the second column of item 10(4), and substituting the expression 100 ; and

    • (b) by omitting the expression 20 from the third column of item 10(4), and substituting the expression 250.

    (4) Schedule 1 of the principal regulations is amended by inserting, after item 10(4), the following paragraph:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    (4A)A requirement about forfeit property as a consequence of a criminal conviction100250

    (5) Schedule 1 of the principal regulations is amended by adding to item 14 the following paragraph:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    (3)A requirement about adjustment of a caveat or mortgage35100

    (6) Schedule 1 of the principal regulations is amended by omitting from the first column of item 18(1) the word register, and substituting the word database.

    (7) Schedule 1 of the principal regulations is amended by inserting, after item 18(5), the following paragraph:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    (5A)A requirement about data entry quality100250

    (8) Schedule 1 of the principal regulations is amended by adding to item 18 the following paragraph:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    (8)A requirement about receipt of quota management reports100250

    (9) Schedule 1 of the principal regulations is amended by adding to item 23, as paragraph (2), the following paragraph:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    (2)A requirement about information transfer100250

    (10) Schedule 1 of the principal regulations is amended by inserting, after item 23, the following item:

    Descriptions of requirements of standards and specifications subject to demerit pointsNumber of demerit pointsAdditional demerit points for failure to rectify breach
    23ARevenue  
     A requirement about payments received for service delivery agency or Ministry of Fisheries services5010

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the 28th day after the date of their notification in the Gazette, amend the Fisheries (Demerit Points and Civil Penalties) Regulations 2001. The amendments take into account the issue of new standards and specifications that relate to the performance or exercise of specified functions, duties, and powers by an approved service delivery organisation. Notice that new standards and specifications have been issued was given in the Gazette on 18 December 2002 (Gazette 2002, p 4540).


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 September 2003.


  • 1 SR 2001/283