NSW Legislation
Fisheries Act 1935 No 58
An Act relating to fisheries and fishing, and to oyster farms; to repeal the Fisheries Act 1902, the Fisheries (Amendment) Act 1910 and the Net Fishing (Port Hacking) Act 1901; to amend the Sydney Corporation Act 1932 and certain other Acts; and for the purposes connected therewith.
Part 1 Preliminary
1 Name of Act, commencement and construction (1) This Act may be cited as the Fisheries Act 1935. (2) This Act shall commence on a date to be appointed by the Governor and notified by proclamation published in the Gazette. (3) This Act shall be read and construed subject to the Commonwealth of Australia Constitution Act, and so as not to exceed the legislative power of the State, to the intent that where any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected.
2, 3 (Repealed)
4 Definitions (1) In this Act, unless the context or subject-matter otherwise indicates or requires: commercial fisher has the same meaning as it has in the Fisheries Management Act 1994. Director General means the Director of NSW Fisheries. District means any fish supply district constituted under and for the purposes of this Act. Fish has the same meaning as it has in the Fisheries Management Act 1994. Inspector means a fisheries officer within the meaning of the Fisheries Management Act 1994. Oyster means any bivalve mollusc of the family Ostreidae, and includes an oyster without the shell, but not a canned oyster. Sell includes: (a) sell by wholesale, retail, auction or tender, (b) barter or exchange, (c) supply for profit, (d) offer for sale, receive for sale, have in possession for sale or expose for sale, (e) consign or deliver for sale, and (f) cause, suffer or allow to be done anything referred to in paragraph (a), (b), (c), (d) or (e). This Act includes any proclamation, regulation, notice, or notification made or issued thereunder. (2), (3) (Repealed)
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