Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 71
insert
In this Part:
"amending Act" means the Fisheries Legislation Amendment Act 2016 .
"commencement" means the commencement of the amending Act.
"new Act" means this Act as amended by the amending Act.
"old Act" means this Act as in force immediately before the commencement.
(1) The offence provisions, as amended by the amending Act, apply only in relation to offences committed after the commencement.
(2) The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement.
(3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
(4) In this section:
"offence provisions" means the provisions of this Act that create or relate to offences (including in relation to criminal responsibility, defences and penalties).
(1) A licence in effect under section 11 of the old Act continues after the commencement in accordance with its terms and conditions as if it had been granted under section 13 of the new Act.
(2) Section 16(3) of the new Act applies to a licence under section 11 of the old Act that had expired but could be renewed under section 12(2) of the old Act.
(3) A permit in effect under section 16 of the old Act continues after the commencement in accordance with its terms and conditions as if it had been granted under section 13 of the new Act.
(4) A special permit in effect under section 17 of the old Act continues after the commencement in accordance with its terms and conditions as if it had been granted under section 17 of the new Act.
(5) A vessel registered under section 18 of the old Act is taken after the commencement to be registered under section 18 of the new Act for the remainder of the period for which it was registered under the old Act.
(1) This section applies if, before the commencement:
(a) an application was made for a licence, permit, special permit or registration of a vessel; and
(b) the application had not been determined by the Director.
(2) The Director must determine the application under the new Act as if it were an application for a licence, permit, special permit or registration of a vessel under the new Act.
(1) This section applies if, before the commencement:
(a) an application was made under section 11A of the old Act for the review of a decision; and
(b) the review was not finally determined by the Director or person designated by the Director ( designated person ).
(2) The Director or designated person must complete the review under the old Act as if the amending Act had not commenced.
(3) If the Director or designated person grants a licence or permit on a review, the licence or permit is taken to have been granted under the new Act.
(4) Section 50 of the old Act applies in respect of the decision made on the review as if a reference in that section to the Local Court were a reference to the Civil and Administrative Tribunal.
(5) If the Civil and Administrative Tribunal grants a licence or permit on a review of a decision to which this section applies, the licence or permit is taken to have been granted under the new Act.
(1) This section applies if, before the commencement:
(a) an application was made under section 50 of the old Act for the review of a decision; and
(b) the review was not finally determined by the Local Court.
(2) The Local Court must complete the review and make any orders it considers appropriate under the old Act as if the amending Act had not commenced.
(3) If the Local Court grants a licence or permit on a review, the licence or permit is taken to have been granted under the new Act.
An identity card issued to a Fisheries Officer under section 8 of the old Act continues in effect after the commencement as if it had been issued under section 8 of the new Act, if:
(a) the card was in effect immediately before the commencement; and
(b) the card complies with section 8(2) of the new Act.
Information that was on a register under section 9 of the old Act immediately before the commencement is taken, after the commencement, to be information on a register under section 9 of the new Act.
(1) This section applies if, before the commencement:
(a) an application was made for registration of a third party interest under section 9A of the old Act; and
(b) the application was not decided by the Director.
(2) The Director must complete the application process under section 9A of the new Act as if the application had been made under that section on the date that it was made under the old Act.
A management plan made under Part III of the old Act that was in effect immediately before the commencement continues in effect after the commencement as if it had been made under Part 3 of the new Act.
On the commencement, all money standing to the credit of the Fishing Industry Research and Development Fund under section 51 of the old Act immediately before the commencement must be credited to the Fishing Industry Research and Development Trust Fund established under section 51 of the new Act.
(1) On the commencement:
(a) the Fishing Industry Research and Development Fund advisory committee is taken to be reconstituted as the Fishing Industry Research and Development Trust Fund advisory committee; and
(b) the appointed members of the Fishing Industry Research and Development Fund advisory committee holding office immediately before the commencement become members of the Fishing Industry Research and Development Trust Fund advisory committee as if they had been appointed under section 52(2)(b) of the new Act.
(2) In this section:
"appointed member", of the Fishing Industry Research and Development Fund advisory committee, means a person appointed under section 52(2)(b) of the old Act.
Fishing Industry Research and Development Fund advisory committee means the committee established under section 52 of the old Act.
Fishing Industry Research and Development Trust Fund advisory committee means the committee established under section 52 of the new Act.