Part 17Repeals, amendments, validations, savings, and transitional provisions
Savings and transitional provisions
322Relationship between offence provisions of Fisheries Act 1983 and this Act
If there is any inconsistency between any provision of the Fisheries Act 1983 or the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 (whether the provision has effect by virtue only of this Act or otherwise) and any provision of this Act (in so far as the provisions of this Act are in force), the provision of this Act shall prevail to the extent of the inconsistency.
Until the repeal of sections 76 to 80, sections 81 to 83, and section 95 of the Fisheries Act 1983, the provisions of those sections shall—
- continue to apply; and
- apply in relation to the enforcement and administration of the provisions of this Act as if the provisions of this Act were provisions of the Fisheries Act 1983.
On the commencement of Part 11, that Part shall apply in relation to the provisions of the Fisheries Act 1983 as if those provisions were provisions of this Act.
Without limiting anything in the Interpretation Act 1999, the provisions of the Fisheries Act 1983 shall, notwithstanding their repeal by section 314, continue to apply to proceedings in respect of any offence against the Fisheries Act 1983 committed before the commencement of section 252.
On the commencement of section 252, sections 254 and 256 shall apply in respect of offences against the Fisheries Act 1983 that are committed on or after the commencement of that section 252, as if the offences against the Fisheries Act 1983 were offences against this Act, save that any person convicted of such an offence shall be liable to the penalty applicable to that offence on the date of the commission of that offence.
For the purposes of subsection (5), section 256 shall apply in respect of all property, fish, proceeds, quota, or interest in quota, forfeit or ordered to be forfeit to the Crown under section 107B of the Fisheries Act 1983.
Notes
- Section 322(1): amended, on , pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
- Section 322(4): amended, on , pursuant to section 38(1) of the Interpretation Act 1999 (1999 No 85).


