Fisheries Amendment Act 2004
Fisheries Amendment Act 2004
Fisheries Amendment Act 2004
Fisheries Amendment Act 2004
| Public Act | 2004 No 6 |
| Date of assent | 18 March 2004 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
-
(1) This Act is the Fisheries Amendment Act 2004.
(2) In this Act, the Fisheries Act 1996 is called
“the principal Act”
.
Part 1
Preliminary provisions
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Purpose
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(1) The main purpose of this Act is to implement a negotiated settlement agreement reached between the Crown and the commercial seafood industry in respect of the under-recovery and over-recovery of the costs of fisheries services and conservation services relating to the period 1 October 1994 to 30 September 2002.
(2) This Act—
(a) validates various cost recovery levy orders and rules relating to the relevant period:
(b) provides for the reduction (or increase, in some cases) of the total amount to be recovered for any stock for the year commencing 1 October 2003 and subsequent years by the relevant amount of the agreed settlement sum allocated to that stock.
(3) This Act also—
(a) amends an offence provision in relation to fishing-related activities carried out to obtain a benefit in contravention of the principal Act:
(b) clarifies that references in the principal Act to this Act include references to rules and regulations made under that Act.
4 Act binds the Crown
This Act binds the Crown.
Part 2
Amendments to principal Act
5 Interpretation
6 New section 233 substituted
The principal Act is amended by repealing section 233, and substituting the following section:
“233 Knowingly acting in contravention of Act to obtain a benefit
-
“(1) Every person commits an offence who obtains any benefit by knowingly taking, possessing, receiving, procuring, processing, conveying, selling, or otherwise dealing with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
“(2) Every person commits an offence who, with the intention of obtaining any benefit, knowingly takes, possesses, receives, procures, processes, conveys, sells, or otherwise deals with any fish, aquatic life, or seaweed otherwise than in accordance with this Act.
“(3) For the purposes of this section, benefit includes any privilege, property, pecuniary advantage, or valuable consideration of any kind whether for that person or any other person.
“(4) Every person who commits an offence against subsection (1) or subsection (2) is liable to the penalty set out in section 252(1).”
-
7 Penalties
8 Levies
Section 264(2) of the principal Act is amended by inserting, before the words
“The Minister must”
, the words“Subject to section 265A,”
.
9 New section 265 substituted
The principal Act is amended by repealing section 265, and substituting the following section:
“265 Under-recovery and over-recovery of costs
Without limiting anything in section 264, but subject to section 265A, the Minister must, in recommending the making of an order under section 264, have regard to the costs of any conservation services or fisheries services incurred by the Crown in a previous financial year that—
-
“(a) were either—
“(i) not recovered or not recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983; or
“(ii) over-recovered or over-recoverable, in whole or in part, by a fee, charge, or levy relating to such services that was previously imposed under this Act or the Fisheries Act 1983; and
“(b) the Minister has not previously had regard to under this section.”
-
10 New section 265A substituted
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(1) The principal Act is amended by repealing section 265A, and substituting the following section:
“265A Recommendation for levies payable in year commencing 1 October 2003 and subsequent years
-
“(1) In making a recommendation under section 264 in respect of levies payable in the year commencing on 1 October 2003, the Minister must—
“(a) first calculate the amount for each stock or other grouping that it would be appropriate to recover by way of levy as if there had been no under-recovery or over-recovery of costs in respect of the period 1 October 1994 to 30 September 2002 (both dates inclusive); and
-
“(b) then—
“(i) in the case of a stock or other grouping listed in Part 1 of Schedule 9A, reduce that amount by the relevant settlement sum allocated to that stock or other grouping in that schedule (or by so much of that settlement sum as would reduce the amount to zero):
“(ii) in the case of a stock listed in Part 2 of Schedule 9A, increase that amount by the relevant settlement sum allocated to that stock in that schedule.
“(2) In making a recommendation under section 264 in respect of levies payable in the year commencing on 1 October 2004 or in any subsequent year, the Minister must, after calculating the amount that it would be appropriate to recover by way of levy under this Part for any stock or other grouping listed in Part 1 of Schedule 9A, reduce that amount by the remaining balance (if any) of the relevant settlement sum allocated to that stock or other grouping in that schedule (or by so much of the remaining balance as would reduce the amount to zero).
“(3) Where the Minister makes a recommendation under section 264 that results in an order amending a levy already fixed for any stock or other grouping for the relevant year, the Minister must, where appropriate,—
“(a) adjust the remaining balance of the settlement sum for the stock or other grouping to reflect the effect of the amendment when taken together with the effect of the original levy order; and
“(b) notify the adjusted remaining balance in accordance with subsection (5).
“(4) For the purposes of subsections (2) and (3) and section 265, in determining the amount that it would be appropriate to recover by way of levy under this Part before the need (if any) to reduce that amount by any settlement sum,—
“(a) no regard is to be had to the costs of any conservation services or fisheries services incurred by the Crown in any financial year ending on or before 30 September 2002, except where those costs arise from conservation services or fisheries services initiated but not completed on or before 30 September 2002; and
“(b) any previous reduction in the amount of costs recovered or recoverable by virtue of the application of any settlement sum under this section must be disregarded.
“(5) The Minister must, as soon as practicable after making any recommendation under section 264 that has required an adjustment under subsection (1)(b)(i) or subsection (2) or subsection (3), state the remaining balance for each affected stock or grouping by notice in the Gazette.
“(6) In this section, remaining balance means the relevant settlement sum allocated to a stock or grouping under Part 1 of Schedule 9A less all previous adjustments made by the Minister under subsection (l)(b)(i) or subsection (2), and less or plus (as the case may require) any adjustments made by the Minister under subsection (3).”
(2) Despite anything in the principal Act, for the purposes of levies payable for the year commencing on 1 October 2003—
(a) the Fisheries (Cost Recovery Levies for Conservation Services) Order 2003 (SR 2003/209) and the Fisheries (Cost Recovery Levies for Fisheries Services) Order 2003 (SR 2003/210) are deemed never to have been made and in force; and
(b) any order made under section 264 of the principal Act may, despite being made after 1 October 2003, impose levies on the basis of quota held, fish or aquatic life taken, and permits, leases, or licences held at any time or for any period between 1 October 2003 and the date of commencement of the order (both dates inclusive), as if the order had been made before 1 October 2003; but
(c) no levy payable under any such order is payable earlier than 1 month after the date of commencement of the order.
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11 Certain notices to have status of regulations
Section 303(2) of the principal Act is amended by inserting, after the expression
“188,”
, the expression“265A(5)”
.
12 New Schedule 9A inserted
-
(1) The principal Act is amended by inserting, after Schedule 9, the Schedule 9A set out in Schedule 1 of this Act.
(2) The Governor-General may, by Order in Council,—
(a) amend Schedule 9A of the principal Act for the purpose of updating any stock or species code reference to ensure consistency with other regulations, rules, or orders made under the principal Act:
(b) where any settlement sum allocated under that schedule is allocated to a species generally rather than one or more stocks in specified quota management areas, on the advice of the Minister given after having regard to the total allowable commercial catch fixed for each quota management area, amend that schedule to allocate the settlement sum between different stocks of that species in different quota management areas:
(c) amend that schedule to reflect the remaining balance of all or any settlement sums remaining as at a specified date.
(3) An Order in Council made under subsection (2) may repeal and replace Schedule 9A of the principal Act to incorporate any amendments authorised under that subsection, and may also correct any clerical errors or errors in calculation of a settlement sum.
Subsection (2) was substituted, as from 1 October 2004, by section 64 Fisheries Amendment Act (No 3) 2004 (2004 No 76).
Subsection (3) was inserted, as from 1 October 2004, by section 64 Fisheries Amendment Act (No 3) 2004 (2004 No 76).
13 Certain orders and rules validated
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(1) The orders set out in Schedule 2 are deemed to have been validly made for all purposes, and every recommendation and every purported recommendation of the Minister made in respect of those orders is deemed to be and always to have been validly made.
(2) The following rules are deemed to be valid for all purposes for all periods ending on or before 30 September 2002, and every purported recommendation of the Minister made in respect of or under those rules and any such period is deemed to be and always to have been validly made:
(a) the Fisheries (Cost Recovery) Rules 2001 (SR 2001/229):
(b) the Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).
(3) Nothing in subsection (1) affects any rights or obligations under a settlement of the proceedings referred to in section 14(l)(a) of the Subordinate Legislation (Confirmation and Validation) Act 2002.
Schedule 1 |
s 12 |
Schedule 9A
Allocation of cost recovery settlement sum to each stocks 265A
1
Amounts of settlement sum to be credited to stock
Species or other grouping Stock or species code Settlement sum allocated ($) Albacore tuna ALB 598,273 Short and long-finned freshwater eels (South Island) ANG11 3,135 Short and long-finned freshwater eels (South Island) ANG12 2,740 Short and long-finned freshwater eels (South Island) ANG13 9,129 Short and long-finned freshwater eels (South Island) ANG14 2,415 Short and long-finned freshwater eels (South Island) ANG15 6,494 Short and long-finned freshwater eels (South Island) ANG16 4,895 Barracouta BAR1 131,984 Barracouta BAR4 34,602 Barracouta BAR5 96,685 Barracouta BAR7 137,167 Blue cod BCO1 5,960 Blue cod BCO2 1,522 Blue cod BCO3 11,259 Blue cod BCO4 28,991 Blue cod BCO5 90,547 Blue cod BCO7 4,741 Blue cod BCO8 4,746 Bigeye tuna BIG 791,530 Bluenose BNS1 78,928 Bluenose BNS2 49,244 Bluenose BNS3 24.33 Bluenose BNS7 10,166 Bluenose BNS8 6,416 Seal shark BSH 5,186 Butterfish BUT1 33 Butterfish BUT2 643 Butterfish BUT3 33 Butterfish BUT4 109 Butterfish BUT5 459 Butterfish BUT6 0 Butterfish BUT7 388 Alfonsino BYX1 1,594 Alfonsino BYX2 91,656 Alfonsino BYX3 81,979 Alfonsino BYX7 4,306 Alfonsino BYX8 2,742 Cardinal fish CDL1 8,914 Cardinal fish CDL2 0 Cardinal fish CDL3 277 Cardinal fish CDL4 0 Cardinal fish CDL5 49 Cardinal fish CDL6 0 Cardinal fish CDL7 429 Cardinal fish CDL9 0 Cockle COC1A 13,800 Cockle COC3 39,586 Cockle COC5 0 Cockle COC7A 15,329 Rock lobster, spiny red CRA1 78,131 Rock lobster, spiny red CRA2 64,893 Rock lobster, spiny red CRA3 198,417 Rock lobster, spiny red CRA4 310,143 Rock lobster, spiny red CRA5 110,513 Rock lobster, spiny red CRA6 64,772 Rock lobster, spiny red CRA7 51,224 Rock lobster, spiny red CRA8 238,591 Rock lobster, spiny red CRA9 9,989 Elephant fish ELE1 381 Elephant fish ELE2 924 Elephant fish ELE3 98,561 Elephant fish ELE5 3,779 Elephant fish ELE7 5,569 Blue (English) mackerel EMA1 48,662 Blue (English) mackerel EMA2 1,160 Blue (English) mackerel EMA3 2,516 Blue (English) mackerel EMA7 21,348 Flatfish FLA1 68,958 Flatfish FLA2 41,854 Flatfish FLA3 211,273 Flatfish FLA7 117,372 Frostfish FRO1 2,258 Frostfish FRO2 0 Frostfish FRO3 426 Frostfish FRO4 0 Frostfish FRO5 307 Frostfish FRO6 4 Frostfish FRO7 23,395 Frostfish FRO8 3,657 Frostfish FRO9 1,596 Grey mullet GMU1 181,094 Grey mullet GMU2 1,189 Grey mullet GMU3 1,527 Grey mullet GMU7 1,061 Ghost shark GSH1 415 Ghost shark GSH2 676 Ghost shark GSH3 22,567 Ghost shark GSH4 4,071 Ghost shark GSH5 2,349 Ghost shark GSH6 3,020 Ghost shark GSH7 12,061 Ghost shark GSH8 157 Ghost shark GSH9 197 Ghost shark pale GSP1 0 Ghost shark pale GSP5 410 Ghost shark pale GSP7 70 Red gurnard GUR1 137,185 Red gurnard GUR2 38,208 Red gurnard GUR3 50,602 Red gurnard GUR7 22,391 Red gurnard GUR8 22,142 Hake HAK1 457,661 Hake HAK4 77,376 Hake HAK7 252,660 Hoki HOK1 2,361,747 Hapuku and bass HPB1 50,559 Hapuku and bass HPB2 29,784 Hapuku and bass HPB3 27,214 Hapuku and bass HPB4 17,497 Hapuku and bass HPB5 34,074 Hapuku and bass HPB7 18,333 Hapuku and bass HPB8 6,372 John dory JDO1 63,924 John dory JDO2 26,131 John dory JDO3 3,074 John dory JDO7 8,009 Jack mackerel JMA1 47,480 Jack mackerel JMA3 270,921 Jack mackerel JMA7 188,720 Kahawai KAH 12,161 Kahawai KAH1 0 Kahawai KAH2 0 Kahawai KAH3 0 Lookdown dory LDO 9,009 Leatherjacket LEA1 2,891 Leatherjacket LEA2 17,468 Leatherjacket LEA3 1,538 Leatherjacket LEA4 108 Leatherjacket LEA10 0 Long-finned freshwater eel LFE1 6,132 Long-finned freshwater eel LFE2 2,638 Long-finned freshwater eel LFE4 642 Long-finned freshwater eel LFE8 2,816 Long-finned freshwater eel LFE9 606 Ling LIN1 5,425 Ling LIN2 18,516 Ling LIN3 62,154 Ling LIN4 178,151 Ling LIN5 423,384 Ling LIN6 606,805 Ling LIN7 43,386 Trough shell MDI 0 Large trough shell MMI 0 Blue moki MOK1 35,568 Blue moki MOK3 3,523 Blue moki MOK4 560 Blue moki MOK5 1,182 Octopus OCT 5 Oreo dories 0.00E+00 323,030 Oreo dories OEO3A 562,510 Oreo dories 0EO4 625,055 Oreo dories 0EO6 343,891 Orange roughy ORH1 85,542 Orange roughy ORH2A 139,594 Orange roughy ORH2B 25,568 Orange roughy ORH3A 74,974 Orange roughy ORH3B 1,648,364 Orange roughy ORH7A 40,136 Orange roughy ORH7B 32,377 Oyster. dredge (except Foveaux Strait) OYS 0 Oyster, dredge (except Foveaux Strait) OYS4 0 Oyster, dredge (except Foveaux Strait) OYS5B 0 Oyster, dredge (except Foveaux Strait) OYS7 47,564 Oyster, dredge (Foveaux Strait) OYU5 133,107 Paddle crab PAD 0 Paddle crab PAD1 2,254 Paddle crab PAD2 1,129 Paddle crab PAD3 1,027 Paddle crab PAD4 257 Paddle crab PAD5 513 Paddle crab PAD6 0 Paddle crab PAD7 1,025 Paddle crab PAD8 615 Paddle crab PAD9 1,025 Paua PAU1 4,912 Paua PAU2 65,097 Paua PAU3 36,644 Paua PAU4 130,173 Paua PAU5A 89,016 Paua PAU5B 92,098 Paua PAU5D 89,718 Paua PAD6 0 Paua PAU7 53,803 Deepwater tuatua PDO 0 Packhorse rock lobster PHC1 2,734 Pipi PPI 1,560 Patagonian toothfish PTO 434 Queen scallop QSC3 8,044 Ray's bream RBM 15,062 Rubyfish RBY1 1,081 Rubyfish RBY2 0 Rubyfish RBY3 2 Rubyfish RBY4 0 Rubyfish RBY7 12 Rubyfish RBY8 0 Rubyfish RBY9 101 Red cod RCO1 2,115 Red cod RCO2 13,619 Red cod RCO3 324,699 Red cod RCO7 43,316 Ribaldo RIB1 3.946 Ribaldo RIB2 5,566 Ribaldo RIB3 10,709 Ribaldo RIB4 15,258 Ribaldo RIB5 2,945 Ribaldo RIB6 9,153 Ribaldo RIB7 4,079 Ribaldo RIB8 49 Ribaldo RIB9 96 Rough skate RSK1 104 Rough skate RSK3 1,553 Rough skate RSK7 189 Rough skate RSK8 20 Rough skate RSK10 0 Red (golden) snapper RSN 11,380 Triangle shell SAE 0 Southern blue whiting SBW1 13 Southern blue whiting SBW3 0 Southern blue whiting SBW4 0 Southern blue whiting SBW5 0 Southern blue whiting SBW6A 0 Southern blue whiting SBW6B 124,702 Southern blue whiting SBW6I 554,427 Southern blue whiting SBW6R 5,806 Scallop SCA1 509,388 Scallop SCA4 0 Scallop SCA7 150,362 Scallop SCA9 0 Scallop SCACS 184,799 School shark SCH1 30,637 School shark SCH2 9,688 School shark SCH3 33,195 School shark SCH4 7,012 School shark SCH5 29,870 School shark SCH7 22,907 School shark SCH8 18,399 Scampi SCI1 51,573 Scampi SCI2 45,786 Scampi SCI3 42,188 Scampi SCI4 42,391 Scampi SCI5 0 Scampi SCI6A 9,938 Scampi SCI6B 16,823 Scampi SCI7 0 Scampi SCI8 483 Scampi SCI9 0 Short-finned freshwater eel SFE1 19,279 Short-finned freshwater eel SFE2 4,071 Short-finned freshwater eel SFE4 966 Short-finned freshwater eel SFE8 3,525 Short-finned freshwater eel SFE9 1,217 Gemfish, southern kingfish SKI1 41,508 Gemfish, southern kingfish SKI2 42,984 Gemfish, southern kingfish SKI3 22,654 Gemfish, southern kingfish SKI7 19,810 Skipjack tuna SKJ 400,510 Snapper SNA1 1,717,023 Snapper SNA2 50,819 Snapper SNA3 2,585 Snapper SNA7 53,791 Snapper SNA8 187,209 Spiny dogfish SPD 180,867 Spiny dogfish SPD3 0 Spiny dogfish SPD4 0 Spiny dogfish SPD5 0 Spiny dogfish SPD6 0 Spiny dogfish SPD7 0 Spiny dogfish SPD8 0 Sea perch, Jock Stewart SPE1 2,387 Sea perch, Jock Stewart SPE2 5,100 Sea perch, Jock Stewart SPE3 63,135 Sea perch, Jock Stewart SPE4 38,719 Sea perch, Jock Stewart SPE5 2,562 Sea perch, Jock Stewart SPE6 286 Sea perch. Jock Stewart SPE7 7,292 Sea perch. Jock Stewart SPE8 1,134 Sea perch, Jock Stewart SPE9 517 Rig, spotted dogfish SPO1 52,073 Rig, spotted dogfish SPO2 6,243 Rig, spotted dogfish SPO3 76,348 Rig, spotted dogfish SPO7 24,678 Rig, spotted dogfish SPO8 21,318 Arrow squid SQU1J 570,624 Arrow squid SQU1T 643,213 Arrow squid SQU6T 889,637 Smooth skate SSK1 35 Smooth skate SSK3 544 Smooth skate SSK4 0 Smooth skate SSK5 0 Smooth skate SSK6 0 Smooth skate SSK7 200 Smooth skate SSK8 19 Smooth skate SSK9 0 Giant stargazer STA1 1,537 Giant stargazer STA2 2,282 Giant stargazer STA3 53,274 Giant stargazer STA4 110,180 Giant stargazer STA5 106,479 Giant stargazer STA7 25,124 Giant stargazer STA8 1,454 Southern bluefin tuna STN 109,289 Sea urchin, kina, sea egg SUR 7,770 Sea urchin, kina, sea egg SUR3 800 Sea urchin, king, sea egg SUR4 8,256 Sea urchin, kina, sea egg SUR5 9,011 Sea urchin, kina, sea egg SUR7A 4,980 Sea urchin, kina, sea egg SUR7B 381 Sea urchin, kina, sea egg SUR8 0 Silver warehou SWA1 37,737 Silver warehou SWA3 57,766 Silver warehou SWA4 64,234 Swordfish SWO 914,221 Tarakihi TAR1 91,030 Tarakihi TAR2 96,411 Tarakihi TAR3 44,927 Tarakihi TAR4 10,691 Tarakihi TAR5 5,723 Tarakihi TAR7 32,760 Tarakihi TAR8 13,952 Trevally TRE1 79,366 Trevally TRE2 10,699 Trevally TRE3 585 Trevally TRE7 61,635 Trumpeter TRU1 3 Trumpeter TRU2 57 Trumpeter TRU3 636 Trumpeter TRU4 184 Trumpeter TRU5 40 Trumpeter TRU7 15 Trumpeter TRU8 0 Tuatua TUA 0 Common (blue) warehou WAR1 1,759 Common (blue) warehou WAR2 14,432 Common (blue) warehou WAR3 43,896 Common (blue) warehou WAR7 18,398 Common (blue) warehou WAR8 5,633 White warehou WWA1 43 White warehou WWA2 988 White warehou WWA3 12,980 White warehou WWA4 4,163 White warehou WWA5 35.837 White warehou WWA6 4,363 White warehou WWA7 2,083 White warehou WWA8 0 Yellow-eyed mullet YEM1 146 Yellow-eyed mullet YEM2 5 Yellow-eyed mullet YEM3 0 Yellow-eyed mullet YEM7 0 Yellow-eyed mullet YEM8 0 Yellow-eyed mullet YEM9 0 Yellowfin tuna YFN 101,078 Aquaculture 172,360 2
Amounts of settlement sum to be charged to stock
Species Stock or species code Settlement sum allocated ($) Cardinal fish CDL2 5,789 Ghost shark pale GSP1 166 Kingfish KIN1 241 Kingfish KIN2 167 Kingfish KIN3 3 Kingfish KIN4 3 Kingfish KIN7 19 Kingfish KIN8 95 Kingfish KIN10 3 Paua PAU6 8 Rubyfish RBY2 555 Southern blue whiting SBW6A 1,912 Scampi SCI5 13,966 Scampi SCI7 312 Tuatua TUA 657 Yellow-eyed mullet YEM3 2 Yellow-eyed mullet YEM7 2 Yellow-eyed mullet YEM8 1 Yellow-eyed mullet YEM9 9
Schedule 2 |
s 13 |
Fisheries (Cost Recovery Levies) Order 1995 (SR 1995/280)
Fisheries (Cost Recovery Levies) Order 1996 (SR 1996/267)
Fisheries (Cost Recovery Levies) Amendment Order 1997 (SR 1997/81)
Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189)
Fisheries (Cost Recovery Levies) Amendment Order 1998 (SR 1998/29)
Fisheries (Cost Recovery Levies) Order 1998 (SR 1998/278)
Fisheries (Cost Recovery Levies) Amendment Order 1998 (SR 1998/306)
Fisheries (Cost Recovery Levies) Amendment Order 1999 (SR 1999/47)
Fisheries (Cost Recovery Levies) Order 1999 (SR 1999/268)
Fisheries (Cost Recovery Levies) Amendment Order (No 2) 1999 (SR 1999/295)
Fisheries (Cost Recovery Levies) Order (No 2) 1999 (SR 1999/411)
Fisheries (Cost Recovery Levies) Amendment Order 2000 (SR 2000/159)
Fisheries (Cost Recovery Levies) Order 2000 (SR 2000/178)
Fisheries (Cost Recovery Levies) Amendment Order 2001 (SR 2001/91)
Fisheries (Cost Recovery Levies) Order 2001 (SR 2001/281)
Fisheries (Cost Recovery Levies) Amendment Order (No 2) 2001 (SR 2001/354)
Fisheries (Cost Recovery Levies) Amendment Order 2002 (SR 2002/38)
Legislative history | |
|---|---|
| 3 November 2003 | Introduction (Bill 8--1) |
| 6 November 2003 | First reading and referral to Primary Production Committee |
| 27 February 2004 | Reported from Primary Production Committee (Bill 85--2) |
| 4 March 2004 | Second reading |
| 16 March 2004 | Committee of the whole House |
| 17 March 2004 | Third reading |