Queensland BUSINESS LICENCE DEREGULATION (MILKSELLERS AND FISH BUYERS) AMENDMENT BILL 1993 Queensland BUSINESS LICENCE DEREGULATION (MILKSELLERS AND FISH BUYERS) AMENDMENT BILL 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 2.2... eee eee 4 2 Commencement ......... 0.0.0 eee eee 4 PART 2—AMENDMENT OF DAIRY INDUSTRY ACT 1989 3 Amended Act ....... 0... cee cee eee eens 4 4 Amendment of s.57 (Types of licences) ............. 000 cece eee eee ee 4 5 Amendment of s.114 (Offence to trade without licence) ............... 4 6 Amendment of Schedule 2 (Subject matter for regulations)............ 5 PART 3-AMENDMENT OF FISHING INDUSTRY ORGANISATION AND MARKETING ACT 1982 7 Amended Act ....... 0... cee cee eee eens 5 8 Amendment of s.6 (Interpretation) ................0...0 00.0002 5 9 Amendment of s.31 (Licences) ..........0 0.000002 cee eee ee eee 5 10 Amendment of s.36 (Offences) ........0.. 0.0000 eee eee ee eee 6 11 Amendment of s.43 (Disposal of fish) ..........00....... 000002222 7 A BILL FOR An Act to discontinue certain business licences under the Dairy Industry Act 1989 and the Fishing Industry Organisation and Marketing Act 1982 Business Licence Deregulation (Milksellers and Fish Buyers) Amendment BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows. PART 1—PRELIMINARY Short title Clause1. This Act may be cited as the Business Licence Deregulation (Milksellers and Fish Buyers) Amendment Act 1993. Commencement Clause2. This Act commences on a day to be fixed by proclamation. PART 2—AMENDMENT OF DAIRY INDUSTRY ACT Amended Act Clause3. The Dairy Industry Act 1989 is amended as set out in this Part. Amendment of s.57 (Types of licences) Clause4, Section 57(e)— omit. Amendment of s.114 (Offence to trade without licence) Clause5. Section 114(e)— omit. 11 13 1518 Business Licence Deregulation (Milksellers and Fish Buyers) Amendment Amendment of Schedule 2 (Subject matter for regulations) 1 Clause6. Schedule 2, clause 17— 2 omit 'to processors', insert 'to milksellers or processors'. 3 PART 3—AMENDMENT OF FISHING INDUSTRY 4 ORGANISATION AND MARKETING ACT 1982 5 Amended Act 6 Clause7. The Fishing Industry Organisation and Marketing Act 1982 is 7 amended as set out in this Part. 8 Amendment of s.6 (Interpretation) 9 Clause8.(1) Section 6(1) (definition "restricted buyer")— 10 omit. 11 (2) Section 6(1)— 12 insert— 13 ' "fish retailer" means a person who sells fish by retail;'. 14 Amendment of s.31 (Licences) 15 Clause9.(1) Section 31(1)(c)— 16 omit. 17 (2) Section 31(1)(d) to (g)— 18 renumber as section 31(1)(c) to (f) respectively. 19 (3) Section 31(3)(h)— 20 omit, insert— 21 '(h) may be— 22 Business Licence Deregulation (Milksellers and Fish Buyers) Amendment (i) surrendered; or (11) if the licence is a processor's licence or a commercial buyer's licence—transferred; or (1) if the licence is a fishing vessel licence and an inspector has sighted the vessel to which the licence applies and confirmed it to be the relevant vessel—transferred; and'. Amendment of s.36 (Offences) Clause10.(1) Section 36(1A)— omit, insert— (1A) Subsection (1) does not apply to— (a) the preparation of fish for immediate consumption; or (b) the treatment of fish by the holder of a master fisherman's licence, a community fisherman's licence or a commercial fishing vessel licence if— (i) the treatment consists of freezing, refrigerating, cleaning, filleting, sorting, salting or cooking; and (11) the treatment takes place— (A) ona vessel; or (B) at a place appointed by the Authority and noted on the licence; and (iii) the fish— (A) have been lawfully taken by or on behalf of the licence holder; and (B) are intended for sale to a processor or commercial buyer; or (c) the refrigeration, thawing or sorting of fish by a commercial buyer or fish retailer.'. (2) Section 36(6)— omit, insert— DAnfk Wh 11 1316 18 20 23 25 27 29 Business Licence Deregulation (Milksellers and Fish Buyers) Amendment '(6) Subsection (5) does not apply to the operation of premises for— (a) the preparation of fish for immediate consumption; or (b) the treatment of fish by the holder of a master fisherman's licence, a community fisherman's licence or a commercial fishing vessel licence if— (i) the treatment consists of freezing, cleaning, filleting, sorting, salting or cooking; and (11) the treatment takes place— (A) ona vessel; or (B) at a place appointed by the Authority and noted on the licence; and (iii) the fish— (A) have been lawfully taken by or on behalf of the licence holder; and (B) are intended for sale to a processor or commercial buyer; or (c) if no other activity that is required to be licensed or registered under this Act is carried out on the premises—the retailing of fish.'. Amendment of s.43 (Disposal of fish) Clause11. Section 43(2) (after paragraph (d))— insert— '(e) in relation to a fish retailer— (i) the sale or delivery of fish by a processor or commercial buyer to the fish retailer; or (11) the purchase or receipt of fish by the fish retailer from a processor or commercial buyer; or (111) the sale or delivery of fish by the fish retailer to another person.'. ro Oo OH ND ABW NO Se See N aon' Bw eR num Ree Re 'oon 2123 25 27 29 Business Licence Deregulation (Milksellers and Fish Buyers) Amendment © State of Queensland 1993