Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Section 3
Insert:
"fish" means aquatic vertebrates and aquatic invertebrates but excludes mammals and birds.
2 Section 3 (paragraph (b) of the definition of premises )
After "or not", insert "and whether on land, or in or on water, or not".
3 Section 3 (after paragraph (a) of the definition of preparation )
Insert:
(aa) the capturing or taking of fish (whether from the wild or from stocks maintained using aquaculture) that are prescribed goods or from which prescribed goods are obtained;
4 Section 3
Insert:
"registered establishment" means an establishment that is registered under the regulations.
Note: As the term establishment includes premises, what is registered under the regulations may be premises.
5 Section 3 (definition of registered premises )
Repeal the definition.
6 After section 8
Insert:
8A Preparation of prescribed goods for export--offence
Export to any place
(1) A person commits an offence if:
(a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and
(b) goods are prepared at the establishment; and
(c) the goods are prescribed goods; and
(d) the goods are exported after preparation (with or without further preparation); and
(e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods unless specified conditions or restrictions are complied with; and
(f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and
(g) the condition or restriction is not complied with.
Penalty: Imprisonment for 5 years.
Export to a particular place
(2) A person commits an offence if:
(a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and
(b) goods are prepared at the establishment; and
(c) the goods are prescribed goods; and
(d) the goods are exported to a particular place after preparation (with or without further preparation); and
(e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods to that place unless specified conditions or restrictions are complied with; and
(f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and
(g) the condition or restriction is not complied with.
Penalty: Imprisonment for 5 years.
Note: See section 9.4 of the Criminal Code in relation to paragraphs (1)(c), (e) and (f) and (2)(c), (e) and (f).
(3) In this section:
"occupier" means:
(a) in relation to a registered establishment--an individual, corporation or other legal entity (or any combination of these) in whose name the registered establishment is registered; and
(b) in relation to an unregistered establishment--the individual, corporation or other legal entity (or any combination of these) who:
(i) is the operator of a business preparing prescribed goods at the establishment; or
(ii) if that person cannot be ascertained--is the person in charge of the operations for the preparation of prescribed goods at the establishment.
8B Preparation of prescribed goods for export--strict liability offence
Export to any place
(1) A person commits an offence if:
(a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and
(b) goods are prepared at the establishment; and
(c) the goods are prescribed goods; and
(d) the goods are exported after preparation (with or without further preparation); and
(e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods unless specified conditions or restrictions are complied with; and
(f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and
(g) the condition or restriction is not complied with.
Penalty: 60 penalty units.
Export to a particular place
(2) A person commits an offence if:
(a) the person, either alone or in conjunction with another person, is the occupier of an establishment; and
(b) goods are prepared at the establishment; and
(c) the goods are prescribed goods; and
(d) the goods are exported to a particular place after preparation (with or without further preparation); and
(e) regulations made for the purposes of subsection 7(1) prohibit the export of the goods to that place unless specified conditions or restrictions are complied with; and
(f) one of those conditions or restrictions applies in relation to the occupier, the establishment or the preparation of the goods at the establishment; and
(g) the condition or restriction is not complied with.
Penalty: 60 penalty units.
Note: See section 9.4 of the Criminal Code in relation to paragraphs (1)(c), (e) and (f) and (2)(c), (e) and (f).
(3) Strict liability applies:
(a) in paragraphs (1)(a) and 2(a) to the physical element of the circumstance that the person, either alone or in conjunction with another person, is the occupier of an establishment; and
(b) in paragraphs (1)(b) and 2(b) to the physical element of the conduct of preparing prescribed goods at the establishment; and
(c) in paragraphs (1)(g) and (2)(g) to the physical element of the circumstance that the condition or restriction is not complied with.
Note: For strict liability, see section 6.1 of the Criminal Code .
(4) In this section:
"occupier" means:
(a) in relation to a registered establishment--an individual, corporation or other legal entity (or any combination of these) in whose name the registered establishment is registered; and
(b) in relation to an unregistered establishment--the individual, corporation or other legal entity (or any combination of these) who:
(i) is the operator of a business preparing prescribed goods at the establishment; or
(ii) if that person cannot be ascertained--is the person in charge of the operations for the preparation of prescribed goods at the establishment.
7 Subparagraph 10A(1)(a)(i)
Repeal the subparagraph, substitute:
(i) any premises that form part of a registered establishment; or
Note: The heading to section 10A is altered by omitting " registered premises " and substituting " premises that form part of a registered establishment, ".
8 Paragraph 10D(2)(a)
Repeal the paragraph, substitute:
(a) the premises form part of a registered establishment; or
Note: The heading to section 10D is altered by omitting " Registered premises " and substituting " Premises that form part of a registered establishment, ".
9 Division 6 of Part III (heading)
Repeal the heading, substitute:
10 Subsection 11P(1)
Omit "registered premises", substitute "premises that form part of a registered establishment".
11 Subsection 24(1)
Repeal the subsection, substitute:
(1) A person must not supply goods or services to an authorized officer if:
(a) the person, either alone or in conjunction with another person, is the occupier of a registered establishment; or
(b) the person is an employee or agent of such a person.
Penalty: Imprisonment for 12 months.
12 Subsection 24(1A)
Repeal the subsection, substitute:
(1A) An authorized officer must not receive goods or services supplied to him or her by:
(a) a person who, either alone or in conjunction with another person, is the occupier of a registered establishment; or
(b) an employee or agent of such a person.
Penalty: Imprisonment for 12 months.
13 Subsection 24(3)
Insert:
"occupier" , in relation to a registered establishment, means the individual, corporation or other legal entity (or any combination of these) in whose name the registered establishment is registered.
14 Subsection 24(3) (definition of registered establishment )
Repeal the definition.
15 Subsection 24(3) (definition of registered owner )
Repeal the definition.
16 Paragraph 25(2)(a)
Omit "premises", substitute "an establishment".
17 After paragraph 25(2)(d)
Insert:
(daaa) the imposition of fees in connection with the performance of a service under this Act by the Secretary or a delegate of the Secretary, and the remission of fees so imposed;
18 At the end of section 25
Add:
(9) A fee imposed under regulations or an order must not be such as to amount to taxation.