Inland Fisheries Amendment (Penal) Act 2000

Inland Fisheries Amendment (Penal) Act 2000

An Act to amend the Inland Fisheries Act 1995

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:

1.   Short title

This Act may be cited as the Inland Fisheries Amendment (Penal) Act 2000 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Inland Fisheries Act 1995 is referred to as the Principal Act.

4.    Section 38A inserted

After section 38 of the Principal Act , the following section is inserted in Division 2:

38A.   Disqualification from applying for or obtaining recreational licence

(1)  The Director, by notice in writing, may disqualify a person who is convicted of an offence under this Act from applying for and obtaining a recreational licence for a specified period not exceeding 5 years.

(2)  A notice is to be sent by normal post to the person's last known address.

(3)  A disqualification takes effect on a date not earlier than 28 days after the date of the notice if –

(a) an appeal is not made under section 58(1)(ea) or the appeal is made but abandoned; or

(b) an appeal is made under section 58(1)(ea) and the Appeal Tribunal makes an order under section 59(3A)(a) .

(4)  A recreational licence held by a person disqualified under subsection (1) ceases to have effect 7 days after the disqualification takes effect.

(5)  A recreational licence obtained by a person disqualified under subsection (1) during the period of that disqualification is invalid.

(6)  In any proceedings for an offence under this Act, a copy of the notice is evidence of the fact that the notice was duly sent.

5.    Section 58 amended (Appeals)

Section 58 of the Principal Act is amended as follows:

(a) by inserting the following paragraph after paragraph (e) in subsection (1) :

(ea) the disqualification from applying for and obtaining a recreational licence;

(b) by inserting the following subsection after subsection (2) :

(3)  An appeal under subsection (1)(ea) is to be instituted within 28 days after the date of a notice sent under section 38A .

6.    Section 59 amended (Hearing of appeal)

Section 59 of the Principal Act is amended by inserting after subsection (3) the following subsection:

(3A)  On the hearing of an appeal against a disqualification from applying for and obtaining a recreational licence, the Appeal Tribunal may –

(a) dismiss the appeal; or

(b) revoke the disqualification if satisfied that –

(i) substantial grounds for the disqualification do not exist; or

(ii) undue hardship would result from the disqualification.

7.    Part 7, Division 4 inserted

After section 148 of the Principal Act , the following Division is inserted in Part 7:

Division 4 - Penalty of imprisonment

148A.   Penalty of imprisonment

(1)  In addition to, or instead of, imposing a penalty on a person for an offence under this Act, a court may impose a penalty of a term of imprisonment not exceeding 3 months in respect of the offence.

(2)  Subsection (1) only applies if the person was previously convicted of an offence under this Act.

[Second reading presentation speech made in:

House of Assembly on 20 JUNE 2000

Legislative Council on 4 JULY 2000]