Commonwealth Numbered Acts

FISHERIES AMENDMENT ACT 1987 No. 177 of 1987 - SECT 14

14. Section 16 of the Principal Act is amended:

   (a)  by inserting after subsection (1A) the following subsection:

"(1B) For the purposes of the application of subsection (1) or (1A) in
relation to an offence alleged to have been committed on, or in relation to, a
Treaty boat, a reference in those subsections to an officer includes a
reference to a Pacific Island party officer.";

   (b)  by inserting after paragraph (2) (dd) the following paragraphs:

"(de) that at a particular time specified in the certificate the Minister had
notified all the parties to the Treaty that an investigation of an alleged
contravention of the kind referred to in paragraph 9E (2) (a) was being
conducted in relation to a Treaty boat specified in the certificate in respect
of which a Treaty licence was in force and that the Minister had not, at or
before a particular time specified in the certificate, notified the
Administrator that the investigation had been completed;

   (df) that at a particular time specified in the certificate the Minister
        was notified in writing by the Administrator of the suspension, in
        accordance with the Treaty, of a Treaty licence issued in respect of a
        Treaty boat specified in the certificate and either:

        (i)    that at a particular time specified in the certificate the
               Minister was notified in writing by the Administrator that the
               Treaty licence was no longer suspended; or

        (ii)   that at a particular time specified in the certificate no such
               notification had been received by the Minister;

   (dg) that the document that is attached to the certificate and states:

        (i)    the date on which a Treaty licence was issued by the
               Administrator, or if more than one such Treaty licence has been
               issued by the Administrator, the date on which the most recent
               Treaty licence was so issued, in respect of the boat specified
               in the document and the date at which that Treaty licence
               expires; or

        (ii)   that there has been no Treaty licence issued by the
               Administrator in respect of the boat specified in the document;
is a copy of a letter, facsimile transmission, telex or cablegram received by
an officer or employee of the Commonwealth from the Administrator;

   (dh) that the document that:

        (i)    is attached to the certificate; and

        (ii)   states that the person named in the document was, at the time
               or during the period specified in the document, authorised by
               or under the law of the Pacific Island party specified in the
               document to perform the functions and duties of an observer on
               Treaty boats;
is a copy of a letter, facsimile transmission, telex or cablegram received by
an officer or employee of the Commonwealth from an authority of that Pacific
Island party;"; and

   (c)  by omitting subsection (4) and substituting the following subsection:

"(4) In proceedings for an offence against this Act or the regulations, a
certificate given under this section is:

   (a)  in all cases-prima facie evidence of the matters stated in the
        certificate; and

   (b)  in the case of a certificate of the kind referred to in paragraph (2)
        (dg) or (dh) given in respect of a particular document-prima facie
        evidence of the matters stated in that document.".