Victorian Numbered Acts

PRIMARY INDUSTRIES LEGISLATION AMENDMENT ACT 2009 (NO. 35 OF 2009) - SECT 61

    (1)     After section 57(1) of the Fisheries Act 1995 insert —

    "(1A)     If an application for renewal of a licence is lodged before the licence expires, the licence continues in operation until the Secretary renews the licence or refuses to renew the licence.".

    (2)     In section 57(4) of the Fisheries Act 1995 —

        (a)     for "licence has ceased" substitute "licence has";

        (b)     in paragraph (a), before "to satisfy" insert "ceased";

        (c)     for paragraph (b) substitute —

    "(b)     failed to satisfy the Secretary that he or she continues to be a fit and proper person to hold the licence; or";

        (d)     in paragraph (c), before "to be" insert "ceased".

    (3)     In section 57 of the Fisheries Act 1995 —

        (a)     in subsections (1) and (6), for "receiver's" substitute "receiver";

        (b)     in subsection (13), for "Fish Receiver's Licence" substitute "fish receiver licence".

    (4)     After section 57(13) of the Fisheries Act 1995 insert —

    "(14)     The Secretary may refuse to renew a licence under this section because of the commission of an offence of a type referred to in section 128(1) by the holder of the licence despite a court deciding not to suspend or cancel the licence under that section on convicting or finding the holder guilty of that offence.".