Fisheries Management Act 1991 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Fisheries Management Act 1991 .
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2) Part 5 commences upon the repeal or the ceasing to have effect (as the case may be) of Part IVA of the
Fisheries Act 1952 .(3) Subject to subsection (4), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(4) If a provision mentioned in subsection (3) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(1) The following objectives must be pursued by the Minister in the administration of this Act and by AFMA in the performance of its functions:
(a) implementing efficient and cost‑effective fisheries management on behalf of the Commonwealth; and
(b) ensuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development (which include the exercise of the precautionary principle), in particular the need to have regard to the impact of fishing activities on non‑target species and the long term sustainability of the marine environment; and
(c) maximising the net economic returns to the Australian community from the management of Australian fisheries; and
(d) ensuring accountability to the fishing industry and to the Australian community in AFMA’s management of fisheries resources; and
(e) achieving government targets in relation to the recovery of the costs of AFMA.
(2) In addition to the objectives mentioned in subsection (1), or in section 78 of this Act, the Minister, AFMA and Joint Authorities are to have regard to the objectives of:
(a) ensuring, through proper conservation and management measures, that the living resources of the AFZ are not endangered by over‑exploitation; and
(b) achieving the optimum utilisation of the living resources of the AFZ; and
(c) ensuring that conservation and management measures in the AFZ and the high seas implement Australia’s obligations under international agreements that deal with fish stocks; and
(d) to the extent that Australia has obligations:
(i) under international law; or
(ii) under the Compliance Agreement or any other international agreement;
in relation to fishing activities by Australian‑flagged boats on the high seas that are additional to the obligations referred to in paragraph (c)—ensuring that Australia implements those first‑mentioned obligations; and
(e) ensuring that the interests of commercial, recreational and Indigenous fishers are taken into account;
but must ensure, as far as practicable, that measures adopted in pursuit of those objectives must not be inconsistent with the preservation, conservation and protection of all species of whales.
The following principles are
principles of ecologically sustainable development :
(a) decision‑making processes should effectively integrate both long‑term and short‑term economic, environmental, social and equity considerations;
(b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(c) the principle of inter‑generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision‑making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.
(1) In this Act, unless the contrary intention appears:
Administrator means the person or organisation that is the Administrator within the meaning of the Treaty.
AFMA means the Australian Fisheries Management Authority.
AFMA staff member has the same meaning as in theFisheries Administration Act 1991 .
AFZ means the Australian fishing zone.
approved means approved by AFMA or, in relation to a Joint Authority fishery, by the Joint Authority.
Australian boat means:
(a) a boat:
(i) the operations of which are based on a place in Australia or an external Territory; and
(ii) that is wholly‑owned by a natural person who is a resident of, or by a company incorporated in, Australia or an external Territory; and
(iii) that was built in Australia or an external Territory; or
(b) a boat, not being a boat mentioned in paragraph (a) or a boat owned by a foreign resident that is under a demise charter, that is registered under the
Shipping Registration Act 1981 ; or(c) a boat the subject of a declaration under subsection (2).
Australian continental shelf means the continental shelf adjacent to the coast of Australia and the continental shelf adjacent to each of the external Territories.
Australian fishing zone means:
(a) the waters adjacent to Australia within the outer limits of the exclusive economic zone adjacent to the coast of Australia; and
(b) the waters adjacent to each external territory within the outer limits of the exclusive economic zone adjacent to the coast of the external Territory;
but does not include:
(c) coastal waters of, or waters within the limits of, a State or internal Territory; or
(d) waters that are excepted waters.
Australian‑flagged boat means a boat that:
(a) is an Australian ship as defined in the
Shipping Registration Act 1981 ; or(b) would be an Australian ship as defined in the
Shipping Registration Act 1981 if it were a ship as defined in that Act.
Australian national means:
(a) an Australian citizen; or
(b) a resident of Australia; or
(c) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; or
(d) any other body corporate that carries on its activities principally in Australia.
Australian resident means:
(a) a person who holds a permanent visa (as defined in the
Migration Act 1958 ) that is in effect; or(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the
Migration Act 1958 ) that is in effect; or(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
being investigated for a fisheries offence , in relation to the holder of a fishing concession, means:
(a) AFMA is investigating whether the holder has committed a fisheries offence; or
(b) a law enforcement agency has notified AFMA that the agency is investigating whether the holder has committed a fisheries offence; or
(c) the holder is charged with a fisheries offence.
boat means launch, vessel or floating craft of any description.
CEO has the same meaning as in theFisheries Administration Act 1991 .
charter boat means a boat that is being used exclusively for recreational fishing in the course of an arrangement under which money or some other consideration is, or is required to be, paid or given by or on behalf of a person or persons for the right to fish from that boat.
coastal waters has the meaning given by section 5.
Commission has the same meaning as in theFisheries Administration Act 1991 .
Compliance Agreement means the Agreement to promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas done at Rome on 24 November 1993, a copy of the English text of which is set out in Schedule 3.
computer function notice has the meaning given by section 163D.
conservation area , for a conserved fish stock, means the area to which the international fisheries management measure that covers the fish stock relates.
conserved fish stock means a fish stock covered by an international fisheries management measure.
conveyance includes an aircraft, vehicle or vessel.
cooperative enforcement has the meaning given by section 84B.
Cooperative Enforcement Agreement has the meaning given by section 84B.
dealing includes a transmission by operation of law.
defensive equipment has the meaning given by section 89A.
electronic decision has the meaning given by section 163B.
e‑monitoring means electronic monitoring.
e‑monitoring data means any data (whether or not that data is also personal information, within the meaning of thePrivacy Act 1988 ) that is, or was:
(a) generated by; or
(b) transmitted by; or
(c) stored by;
e‑monitoring equipment installed, carried or used in compliance with a condition imposed under section 40C of this Act on a fishing concession or scientific permit.
e‑monitoring equipment means:
(a) a thing used for, intended to be used for, or capable of being used for, generating, transmitting or storing data; or
(b) a thing that makes, is intended to make, or is capable of making, a thing covered by paragraph (a) operational.
evidential material means a thing relevant to an indictable offence, or a thing relevant to a summary offence, against this Act or the regulations, including such a thing in electronic form.
excepted waters means waters specified by Proclamation under section 11.
executing officer , in relation to a warrant, means:
(a) the officer named in the warrant by the magistrate who issued the warrant as being responsible for executing the warrant; or
(b) if the officer so named does not intend to be present at the execution of the warrant—another officer whose name has been written in the warrant by the officer so named; or
(c) another officer whose name has been written in the warrant by the officer last named in the warrant.
FAO means the Food and Agriculture Organization of the United Nations.
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fisheries legislation means:
(a) this Act or the regulations; or
(b) another Act or regulations that are:
(i) administered by the Minister; and
(ii) prescribed under the regulations.
fisheries offence means:
(a) an offence against this Act or the regulations; or
(b) an offence against another Act that relates to a fishing concession (including an offence for unlawfully obtaining a fishing concession, for example).
fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
(a) a species or type of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
fishing means:
(a) searching for, or taking, fish; or
(b) attempting to search for, or take, fish; or
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(e) any operations at sea directly in support of, or in preparation for, any activity described in this definition; or
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(g) the processing, carrying or transhipping of fish that have been taken.
fishing concession means:
(a) a statutory fishing right; or
(b) a fishing permit; or
(c) a foreign fishing licence.
fishing concession certificate has the meaning given by section 163E.
fishing permit means a fishing permit granted under section 32.
fishing‑related activity means any of the following:
(a) searching for, or taking, fish;
(b) attempting to search for, or take, fish;
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish;
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons;
(e) the processing, carrying or transhipping of fish that have been taken;
(f) the discarding from a boat of fish, marine mammals, marine reptiles or seabirds;
(g) any other activity prescribed by the regulations for the purposes of this definition;
(h) any operations on a boat directly in support of, or in preparation for, any activity covered by another paragraph of this definition;
(i) any other encounters with fish, marine mammals, marine reptiles or seabirds while engaging in any activity or operation covered by another paragraph of this definition;
(j) any other encounters with the marine environment while engaging in any activity or operation covered by another paragraph of this definition.
Note: If an activity is prescribed by the regulations under paragraph (g) it is an activity covered by paragraph (g) for the purposes of paragraphs (h), (i) and (j). So, for example, an encounter with the marine environment while engaging in an activity prescribed under paragraph (g) is also a fishing‑related activity.
fishing right means a statutory fishing right.
fishing vessel of the United States has the same meaning as in the Treaty.
fish receiver permit means a fish receiver permit granted under section 91.
Fish Stocks Agreement means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, a copy of the English text of which is set out in Schedule 2.
foreign boat means a boat other than an Australian boat.
foreign fishing licence means a foreign fishing licence granted under section 34.
foreign master fishing licence means a foreign master fishing licence granted under section 40.
highly migratory fish stock has the same meaning as in the Fish Stocks Agreement.
high seas means the waters that are:
(a) outside the outer limits of the exclusive economic zones of all countries, including Australia and its external Territories; or
(b) inside the outer limits of the exclusive economic zone adjacent to the coast of the Australian Antarctic Territory.
holder of a licence, permit or right:
(a) means:
(i) the person to whom the licence, permit or right was granted; or
(ii) if the permit or right has been transferred—the person to whom the permit or right was last transferred; and
(b) in the case of a statutory fishing right that is leased to another person by a lease registered under section 46—includes the lessee of the statutory fishing right.
international conservation and management measure means a measure to conserve and manage one or more species of living marine resources that is adopted and applied, in accordance with the relevant rules of international law as reflected in the 1982 United Nations Convention on the Law of the Sea:
(a) by a global, regional or subregional fisheries organisation; or
(b) by treaty or other international agreement.
Note: The English text of the United Nations Convention on the Law of the Sea is set out in Australian Treaty Series 1994 No. 31.
international fisheries management measure means a measure prescribed by the regulations to give effect to a measure established by an international fisheries management organisation.
international fisheries management organisation means a global, regional or subregional fisheries organisation or arrangement prescribed by the regulations.
international officer has the meaning given by section 84B.
Joint Authority means an authority established by or under section 61.
law enforcement agency means a government body that has responsibility for the enforcement of the laws of:
(a) the Commonwealth; or
(b) a State or Territory.
lease , of a fishing right, means a temporary assignment of the fishing right.
magistrate includes a justice of the peace or other person employed in a court of a State or Territory who is authorised to issue search warrants.
managed fishery means a fishery to which a plan of management relates.
master , in relation to a boat, means the master or other person in charge of the boat.
member , in relation to the Panel, means a member of the Panel.
Ministerial Council means a body (however described) that consists of the Minister of the Commonwealth, and the Minister of each State and Territory, who is responsible, or principally responsible, for matters relating to fisheries.
modification includes addition, omission and substitution.
offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of theCriminal Code that relates to this Act.
officer means:
(a) a person appointed under section 83 to be an officer for the purposes of this Act; or
(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or
(c) a member of the Defence Force; or
(d) an officer of Customs (as defined in the
Customs Act 1901 ).
Pacific Island party , in relation to the Treaty, has the same meaning as in the Treaty.
Pacific Island party officer means a person (other than a person mentioned in paragraph (a), (b) or (c) of the definition ofofficer ) who is authorised by or under the law of a Pacific Island party to perform the functions and duties of an observer on Treaty boats.
Panel means the Statutory Fishing Rights Allocation Review Panel.
party , in relation to the Treaty, has the same meaning as in the Treaty.
plan of management means a plan of management determined under section 17.
port permit means a port permit granted under section 94.
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of thePersonal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.Note 1: The
Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of
security interest );(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of
transitional security interest , see section 308 of thePersonal Property Securities Act 2009 .
precautionary principle has the same meaning as in clause 3.5.1 of the Intergovernmental Agreement on the Environment, a copy of which is set out in the Schedule to theNational Environment Protection Council Act 1994 .
premises includes a place and a conveyance.
Presiding Member means the Presiding Member of Australian Fisheries Management Authority Selection Committees appointed under section 139.
primary stakeholder has the meaning given in theFisheries Administration Act 1991 .
principles of ecologically sustainable development has the meaning given by section 3A.
processing , in relation to fish, includes the work of cutting up, dismembering, cleaning, sorting, packing or freezing.
receive , in relation to fish, means receive fish for any purpose other than:
(a) personal or domestic consumption; or
(b) solely for transportation.
Register means the Register of Statutory Fishing Rights kept by AFMA under section 44.
Regulatory Powers Act means theRegulatory Powers (Standard Provisions) Act 2014 .
relevant Treaty purpose has the meaning given by subsection (6).
scientific permit means a scientific permit granted under section 33.
sedentary organism means an organism of a kind declared by Proclamation under section 12 to be a sedentary organism to which this Act applies.
Selection Committee means an Australian Fisheries Management Authority Selection Committee established under section 141A.
statutory fishing right has the meaning given by section 21.
statutory fishing rights option has the meaning given by section 31A.
straddling fish stock has the same meaning as in the Fish Stocks Agreement.
take , in relation to fish, means catch, capture, take or harvest.
temporary order means an order made under section 43.
Treaty means the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America that was signed at Port Moresby on 2 April 1987, a copy of which is set out in Schedule 1, and, subject to subsection (7), includes that Treaty as amended from time to time.
Treaty area has the same meaning as in the Treaty.
Treaty boat means a foreign boat that is a fishing vessel of the United States.
Treaty licence means a licence issued, for the purposes of the Treaty, by the Administrator in respect of a Treaty boat.
warrant means a warrant under section 85 or 86.
warrant premises means premises in relation to which a warrant is in force.
whale means any member of the sub‑orderMysticeti orOdontoceti of the orderCetacea .
(2) Where:
(a) a boat has been lawfully imported into Australia for a limited period; and
(b) AFMA is satisfied that the extent of participation of citizens or residents of Australia, either directly or indirectly (whether through the holding of shares in a company or otherwise), in the control of the operations of the boat in the AFZ during that period, and the nature of those operations, will be such as to justify it in so doing;
AFMA may, by instrument published in the
Gazette , declare that, during that period, the boat is taken to be an Australian boat for the purposes of this Act.
(3) AFMA may:
(a) because of a change in circumstances, by instrument published in the
Gazette , at any time revoke an instrument under subsection (2); or(b) by instrument published in the
Gazette , extend the period for which an instrument under subsection (2) is to remain in force.(4) For the purposes of this Act:
(a) in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area; and
(b) in relation to a fishery or a managed fishery that is identified by reference to any matter other than an area, a reference to activities in the fishery or in the managed fishery includes activities in relation to the fishery.
(5) For the purposes of this Act, a charter boat, the person in charge of the boat and any other person fishing from the boat are taken to be engaged in recreational fishing.
(6) A reference in this Act to a relevant Treaty purpose is a reference to the purpose of:
(a) performing the functions and duties of an observer in accordance with Part 6 of Annex 1 to the Treaty or an observer program conducted in accordance with the Treaty; or
(b) ascertaining whether the provisions of this Act have been or are being complied with on, or in relation to the use of, a Treaty boat while it is in the AFZ.
(7) An amendment of the Treaty that alters the Treaty area that is within the AFZ or that alters a condition of a Treaty licence in a way that affects fishing by Treaty boats within the AFZ under a Treaty licence:
(a) does not have effect for the purposes of this Act unless the amendment is declared by the regulations to have effect for the purposes of this Act; and
(b) takes effect for the purposes of this Act on the day on which regulations mentioned in paragraph (a) take effect or on such later day as is specified in those regulations.
(8) If an arrangement under Division 3 of Part 5 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.
(1) For the purposes of this Act, the coastal waters of a State or internal Territory are:
(a) the part or parts of the territorial sea of Australia that are:
(i) within 3 nautical miles of the baseline by reference to which the territorial limits of Australia are defined for the purposes of international law; and
(ii) adjacent to that State or Territory; and
(b) any marine or tidal waters that are on the landward side of that baseline and are adjacent to that State or Territory but are not within the limits of a State or Territory.
(2) Any part of the territorial sea of Australia that is adjacent to the Jervis Bay Territory is, for the purposes of subsection (1), taken to be adjacent to New South Wales.
(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.
(2) Nothing in this Act makes the Crown liable to be prosecuted for an offence.
Chapter 2 (other than Part 2.5) of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) This Act extends to all of the Territories and has extra‑territorial operation.
(2) In relation to the AFZ and to fishing for sedentary organisms outside the AFZ, this Act applies to all persons, including foreigners, and to all boats, including foreign boats.
(3) In relation to fishing activities on waters outside the AFZ, this Act applies:
(a) to Australian boats and to Australian‑flagged boats that are not Australian boats; and
(b) to all persons (including foreigners) on boats to which paragraph (a) applies.
This subsection does not limit subsection (2) or express provisions that extend the application of this Act.
(4) Subsections (2) and (3) do not limit the extra‑territorial operation of this Act.
(1) The regulations may provide that, in respect of specified areas outside the AFZ, or in respect of the high seas generally, this Act applies to:
(a) Australian citizens; and
(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and
(c) Australian boats and Australian‑flagged boats that are not Australian boats; and
(d) persons on board boats to which paragraph (c) applies.
(2) The Act so applies subject to any exceptions or modifications specified in the regulations.
(3) When a provision of this Act applies in relation to such an area, then, subject to the regulations, references in that provision to the AFZ are to be read as references to that area.
(4) This section does not limit the extra‑territorial operation of this Act.
(1) The regulations may:
(a) provide for the placement of persons as observers on board foreign fishing boats that will be, or are, operating outside the AFZ; and
(b) set out the functions, powers and duties of persons so placed.
(2) Without otherwise limiting the generality of subsection (1):
(a) a person may be so placed only if the placement is authorised under a regional arrangement, or a bilateral or multilateral treaty, to which Australia, or a body acting on behalf of Australia, is a party; and
(b) the functions, powers and duties conferred or imposed on persons so placed must be consistent with the terms of that arrangement or treaty.
(3) In this section:
foreign fishing boat means a foreign boat that is equipped for fishing.
(1) This Act, other than this section and sections 84 and 108, does not apply to or in relation to the Protected Zone.
(2) Where there is in force a Proclamation under subsection 15(1) or (2) of the
Torres Strait Fisheries Act 1984 in relation to an area adjacent to the Protected Zone, this Act, other than this section and sections 84 and 108, does not, except as provided by subsection (3), apply in relation to any activities within that area to which theTorres Strait Fisheries Act 1984 applies by virtue of the Proclamation.(3) If the Proclamation came into force after the commencement of this section, this Act applies, in relation to matters that occurred after that commencement but before the Proclamation came into force, in relation to any activities within the area to which the Proclamation relates.
(4) In this section:
Protected Zone has the same meaning as in theTorres Strait Fisheries Act 1984 .
(1) Unless the contrary intention appears, if a provision of this Act:
(a) would, apart from this section, have an invalid application; but
(b) also has at least one valid application;
it is the Parliament’s intention that the provision is not to have the invalid application, but is to have every valid application.
(2) Despite subsection (1), the provision is not to have a particular valid application if:
(a) apart from this section, it is clear, taking into account the provision’s context and the purpose or object underlying this Act, that the provision was intended to have that valid application only if every invalid application, or a particular invalid application, of the provision had also been within the Commonwealth’s legislative power; or
(b) the provision’s operation in relation to that valid application would be different in a substantial respect from what would have been its operation in relation to that valid application if every invalid application of the provision had been within the Commonwealth’s legislative power.
(3) Subsection (2) does not limit the cases where a contrary intention may be taken to appear for the purposes of subsection (1).
(4) This section applies to a provision of this Act, whether enacted before, at or after the commencement of this section.
(5) In this section:
application means an application in relation to:
(a) one or more particular persons, things, matters, places, circumstances or cases; or
(b) one or more classes (however defined or determined) of persons, things, matters, places, circumstances or cases.
invalid application , in relation to a provision, means an application because of which the provision exceeds the Commonwealth’s legislative power.
valid application , in relation to a provision, means an application that, if it were the provision’s only application, would be within the Commonwealth’s legislative power.
(1) Except as provided by subsections (2) and (3), this Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2) Subject to subsection (3), the Parliament intends that this Act is to apply to the exclusion of any law of a State or Territory relating to fish or fishing so far as that law would, but for this Act, apply to:
(a) activities in the AFZ; or
(b) activities in the coastal waters of a State or Territory in respect of which a fishery to which an arrangement mentioned in section 12K of the
Fisheries Act 1952 , or section 76 of this Act, relates; or(c) the landing in the State or Territory of fish taken under a statutory fishing right or fishing permit by prohibiting such landing or by requiring such landing to be done under a licence, permit or similar instrument or upon payment of a fee or charge.
(3) This Act does not apply to:
(a) recreational fishing (whether from a charter boat or otherwise) that is carried on in the AFZ or outside the AFZ by the use of an Australian boat, other than recreational fishing that is prohibited or regulated by a plan of management or temporary order; or
(b) recreational fishing (whether from a charter boat or otherwise) that is carried on by the use of an Australian boat in the coastal waters of a State or Territory, being coastal waters in respect of which an arrangement mentioned in section 12K of the
Fisheries Act 1952 , or section 76 of this Act, relates, other than recreational fishing that is prohibited or regulated by a plan of management or temporary order; or(c) activities in the AFZ to which, because of section 77, this Act does not apply.
(4) The reference in paragraph 10(2)(c) to prohibiting the landing in a State or Territory of fish taken under a statutory fishing right or fishing permit includes a reference to:
(a) directly prohibiting the landing of such fish in the State or Territory; or
(b) directly prohibiting or regulating the possession or processing of, or other dealing with, such fish in the State or Territory in any respect that would be likely to substantially discourage the landing of such fish in the State or Territory.
(5) For the avoidance of doubt, the reference in subsection (2) to a law of a State or Territory relating to fish or fishing does not include such a law that is for the protection of public health, for ensuring safety or for any similar objective.
The Governor‑General may, by Proclamation, declare any waters to be excepted waters for the purposes of this Act.
(1) If the Governor‑General is satisfied that a marine organism of any kind is, for the purposes of international law, part of the living natural resources of the Australian continental shelf because it is, for the purposes of international law, an organism belonging to a sedentary species, the Governor‑General may, by Proclamation, declare the organism to be a sedentary organism to which this Act applies.
(2) Where by this Act (other than Part 5), or the regulations, provision is made in relation to fishing in the AFZ or a fishery, such provision, to the extent that it is capable of doing so, extends by force of this section to fishing for sedentary organisms, in or on any part of the Australian continental shelf not within the AFZ or the fishery as if they were within the AFZ or the fishery.
(3) Without limiting the operation of subsection (2), a reference in that subsection to making provision in relation to fishing includes a reference to making provision in respect of:
(a) the granting of fishing concessions, scientific permits and foreign master fishing licences; and
(b) the prohibition or regulation of fishing; and
(c) the powers of officers.
(4) A reference in this section to the Australian continental shelf includes a reference to the waters above the Australian continental shelf.
(1) A person must not engage in driftnet fishing activities in the AFZ.
Penalty: 500 penalty units.
(1A) In subsection (1), strict liability applies to the physical element of circumstance, that the relevant conduct is engaged in within the AFZ.
Note: For strict liability, see section 6.1 of the
Criminal Code .(2) An Australian citizen must not engage in driftnet fishing activities outside the AFZ.
Penalty: 500 penalty units.
(3) A body corporate that is incorporated in Australia or carries on activities mainly in Australia must not engage in driftnet fishing activities outside the AFZ.
Penalty: 2,500 penalty units.
(4) A person must not, outside the AFZ, engage in driftnet fishing activities from an Australian boat.
Penalty: 500 penalty units.
(4A) In subsections (2), (3) and (4), strict liability applies to the physical element of circumstance, that the relevant conduct is engaged in outside the AFZ.
Note: For strict liability, see section 6.1 of the
Criminal Code .(5) In subsection (1):
driftnet means a gillnet or other net or a combination of nets that is more than 2.5 kilometres in length, or such shorter length as is prescribed, the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface of or in the water.
driftnet fishing activities means:
(a) taking fish with the use of a driftnet; or
(b) engaging in any other activity that can reasonably be expected to result in the taking of fish with the use of a driftnet, including searching for and locating fish to be taken by that method; or
(c) any operations at sea in support of, or in preparation for any activity described in this definition, including operations of placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(d) aircraft use relating to the activities described in this definition except for flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(e) transporting, transhipping and processing any driftnet catch, and co‑operation in the provision of food, fuel and other supplies for boats equipped for or engaged in driftnet fishing.
(1) For the purpose of conserving the marine environment, the regulations may prohibit, or make provision for the regulation of, the engaging in specified activities, or the use of specified practices, by:
(a) persons engaged in fishing in the AFZ; and
(b) Australian boats, and persons on Australian boats, engaged in fishing outside the AFZ.
(2) Without limiting the generality of subsection (1), regulations may be made in relation to:
(a) the employment of specified fishing practices or methods; and
(b) the use of specified fishing equipment; and
(c) the taking, and treatment of, by‑catches, and the making of returns in relation to by‑catches taken; and
(d) littering at sea.
(1) A person must not (otherwise than in accordance with the terms of a scientific permit):
(a) in the AFZ, take black cod (
Epinephelus daemelii ); or(b) in the AFZ, or in a part of the AFZ specified in the regulations, take prescribed fish.
Penalty: 125 penalty units.
(2) A person on an Australian boat must not, outside the AFZ, take a prescribed fish.
Penalty: 125 penalty units.
(3) It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that, upon becoming aware of the taking of the fish, he or she took steps immediately to return the fish to its natural environment.
(4) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
(1) A person must not, in the AFZ, take blue marlin (
Makaira mazara ) or black marlin (Makaira indica ) unless the person:
(a) is the holder of a scientific permit that authorises the taking of the fish; or
(b) takes the fish in the course of recreational fishing (whether from a charter boat or otherwise).
Penalty: 125 penalty units.
(2) It is a defence to a prosecution for an offence against this section if the person charged satisfies the court that, upon becoming aware of the taking of the fish, he or she took steps immediately to return the fish to its natural environment.
(3) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
(1) Not later than 12 months after the commencement of the
Fisheries Legislation Amendment Act (No. 1) 1998 , the Minister must cause an analysis to be undertaken in the AFZ of the estimated numbers of blue marlin (Makaira mazara ) and black marlin (Makaira indica ) and the impact on the species of such fishing as is permitted under section 15A.
(2) The Minister must cause a report of an analysis under subsection (1) to be laid before each House of the Parliament as soon as practicable after the analysis is completed and, in any case, not later than 2 years after the commencement of the
Fisheries Legislation Amendment Act (No. 1) 1998 .
(1) In performing its functions under this Part, AFMA must pursue its objectives and, in addition, act in accordance with its corporate plan and its current annual operational plan.
(2) Nothing in subsection (1) is taken to limit the operation of subsection 17(10).
Boat involved in contravening international fisheries management measure
(1) AFMA must not authorise under this Part the use of an Australian‑flagged boat for fishing on the high seas for a conserved fish stock during the period specified in subsection (2), if:
(a) a court has convicted a person of an offence described in subsection (3) involving the use of the boat; and
(b) the court has ordered the person to pay a fine for the offence (whether or not the person has also been sentenced to imprisonment for the offence); and
(c) the court has not ordered the forfeiture of the boat.
Period for which AFMA must not authorise use of boat
(2) The period starts when the person is ordered to pay the fine and ends when one of the following events occurs:
(a) the person pays the fine;
(b) a penalty is imposed on the person for failure to pay the fine;
(c) the court orders the forfeiture of the boat (for the offence or another offence);
(d) the conviction of the person for the offence for which the person was ordered to pay the fine is quashed.
Offences that prevent AFMA authorising use of boat
(3) Subsection (1) limits authorisation of the use of a boat involved in any of the following offences:
(a) an offence against subsection 95(5) constituted by one of the following acts or omissions that contravenes a condition of a fishing concession or scientific permit that authorises fishing for a conserved fish stock on the high seas or contravenes a provision of a temporary order relating to fishing for a conserved fish stock on the high seas:
(i) fishing for the conserved fish stock at a particular time, in a particular place or with particular equipment;
(ii) failing to maintain accurate records of catch;
(iii) failing to provide an accurate return of fish taken, carried, transhipped or processed;
(iv) taking, carrying, transhipping or processing more fish than authorised by the concession, permit or order;
(v) changing or hiding the markings of the boat;
(b) an offence against section 105A involving a fish from a conserved fish stock and a boat;
(ba) an offence against section 105AA or 105AB;
(c) an offence against section 105B involving a boat equipped for fishing for a conserved fish stock;
(d) an offence against section 107 relating to a document, statement, return or information about catch of a conserved fish stock;
(e) an offence against a prescribed provision of this Act or the regulations that is constituted by a prescribed act or omission relating to a conserved fish stock.
(1) Subject to subsection (5), AFMA must not, under this Part, grant a fishing concession authorising the use for fishing activities on the high seas of an Australian‑flagged boat that was previously registered in a foreign country and authorised by that country for such fishing activities if:
(a) AFMA believes, on reasonable grounds, that the boat is a boat to which subsection (2) or (3) applies; and
(b) subsection (4) does not apply.
(2) This subsection applies to an Australian‑flagged boat that was previously registered in a foreign country that is a party to the Compliance Agreement if:
(a) that foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, suspended the authority to use that boat on the high seas for a period and that period has not expired; or
(b) that foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, cancelled the authority to use that boat on the high seas and a period of 3 years has not elapsed since that cancellation.
(3) This subsection applies to an Australian‑flagged boat that was previously registered in a foreign country that is not a party to the Compliance Agreement if, on the basis of information available to it, AFMA is satisfied that:
(a) the foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, suspended the authority to use that boat on the high seas for a period and that period has not expired; or
(b) the foreign country has, because the owner or operator of that boat has undermined international conservation and management measures, cancelled the authority for use of that boat on the high seas and a period of 3 years has not elapsed since that cancellation.
(4) If the person seeking the grant of a fishing concession authorising the use of a boat to which subsection (2) or (3) applies for fishing activities on the high seas satisfies AFMA that the owner or operator of the boat at the time the authority to use it was suspended or cancelled has no present legal, beneficial or financial interest in, or control of, the boat, AFMA may grant such a fishing concession authorising the use of the boat despite the application of subsection (2) or (3).
(5) Despite subsection (1), AFMA may grant a fishing concession authorising the use of an Australian‑flagged boat to which subsection (2) or (3) applies for fishing activities on the high seas if, having regard to the circumstances in which a foreign country’s authorisation for the use of that boat for fishing activities on the high seas was suspended or cancelled, AFMA is satisfied that the grant of that fishing concession will not be likely to undermine international conservation and management measures.
(6) Nothing in this section implies that AFMA may not take other matters into consideration when deciding whether or not to grant a fishing concession authorising the use of an Australian‑flagged boat for fishing activities on the high seas.
(1) Subject to subsection (1A), AFMA must, in writing, after consultation with such persons engaged in fishing as appear to AFMA to be appropriate and after giving due consideration to any representations mentioned in subsection (3), determine plans of management for all fisheries.
(1A) If, in all the circumstances, AFMA is of the view that a plan of management is not warranted for a particular fishery, AFMA may make a determination accordingly, including in the determination its reasons for making the determination. While a determination under this subsection is in force, AFMA is not required to determine a plan of management for a fishery.
(1AB) If, at any time after making a determination under subsection (1A) that a plan of management is not warranted for a particular fishery, AFMA ceases to be of the view, AFMA may make a further determination revoking the determination under subsection (1A).
(1B) A determination under subsection (1A) must be notified:
(a) in the
Gazette ; and(b) to all persons and organisations listed in the register established under section 17A, at their addresses as shown on the register.
(2) Before determining a plan of management for a fishery, AFMA must prepare a draft of the plan and, by public notice:
(a) state that it intends to determine a plan of management in respect of the fishery; and
(b) invite interested persons to make representations in connection with the draft plan by a date specified in the notice, not being less than one month after the date of publication of the notice in the
Gazette ; and(c) specify:
(i) an address from which copies of the draft plan may be obtained; and
(ii) an address to which representations may be forwarded.
(2A) In addition to issuing a public notice under subsection (2) and before determining a plan of management for a fishery, AFMA must notify the persons and organisations listed in the register established under section 17A, at their addresses as shown on the register, of the terms of the public notice.
(3) A person may, not later than the date specified in the notice, make representations to AFMA in connection with the draft plan.
(4) In this section, a reference to public notice is a reference to notice published:
(a) in the
Gazette ; and(b) in each State and Territory, in a newspaper circulating throughout that State or Territory; and
(c) in such other newspaper or publication (if any) that appears to AFMA to be appropriate in the circumstances.
(5) A plan of management for a fishery may set out:
(a) the objectives of the plan of management; and
(b) measures by which the objectives are to be attained; and
(c) performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed.
(5AA) The objectives to be set out under paragraph (5)(a) must be consistent with, but are not limited to, the objectives set out in section 3.
(5C) A plan of management for a fishery affecting straddling fish stocks, highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement) must set out stock‑specific reference points (within the meaning of that Agreement) for the stocks.
(6) Without limiting the operation of subsection (5), a plan of management for a fishery may:
(a) determine the method or methods by which the fishing capacity of the fishery or a part of the fishery is to be measured, which may be or include, but are not limited to, a method based on a particular area, a particular species or type or a particular quantity of fish, a particular kind, size or quantity of fishing equipment, a particular number of boats, a particular period of fishing, or any combination of the above; and
(aa) determine, or provide for AFMA to determine, the fishing capacity, measured by that method or those methods, permitted for the fishery or a part of the fishery in respect of a particular period or periods; and
(b) provide for the management of the fishery by means of a system of statutory fishing rights, and other fishing concessions; and
(c) contain a description of the fishery by reference to area, fish species, fishing methods to be employed or any other matter; and
(d) subject to section 28, formulate procedures to be followed for selecting persons to whom fishing concessions are to be granted including, in the case of fishing rights:
(i) the holding of an auction; or
(ii) the calling of tenders; and
(e) specify the kind and quantity of equipment that may be used in the fishery; and
(f) specify the circumstances in which a statutory fishing right may authorise fishing by or from a foreign boat; and
(g) impose obligations on the holders of fishing concessions; and
(h) prohibit or regulate recreational fishing in the fishery; and
(i) prohibit or regulate fishing for scientific research purposes in the fishery.
(6A) Paragraph (6)(aa) authorises the making of a determination in respect of the fishing capacity of a fishery or a part of a fishery that has the effect that no fishing capacity is permitted for the fishery or that part of the fishery in respect of a particular period or periods.
(6B) A determination made by AFMA under paragraph (6)(aa) is a legislative instrument.
(6C) If a plan of management for a fishery provides for the management of the fishery by means of a system that consists of or includes statutory fishing rights, the plan:
(a) may oblige a person who holds, in respect of the fishery, a fishing concession of a particular kind or fishing concessions of particular kinds also to hold, in respect of the fishery, a fishing concession of another kind or fishing concessions of other kinds, as stated in the plan; and
(b) without limiting the generality of paragraph (a), may oblige a person who holds, in respect of the fishery, a fishing right of a particular kind or fishing rights of particular kinds also to hold, in respect of the fishery, a fishing right of another kind or fishing rights of other kinds, as stated in the plan; and
(c) in respect of each kind of fishing right that a person holds in respect of the fishery—may do either or both of the following:
(i) oblige the person to hold not fewer than such number of fishing rights of that kind as is stated in the plan or worked out using a formula so stated;
(ii) oblige the person not to hold more than such number of fishing rights of that kind as is stated in the plan or worked out using a formula so stated.
(6D) A plan of management for a fishery must contain measures directed at reducing to a minimum:
(a) the incidental catch of fish not taken under and in accordance with that plan; and
(b) the incidental catch of other species.
(7) A plan of management for a fishery must:
(a) if the plan makes provision in relation to the management of the fishery by means of a system of statutory fishing rights—provide for registration of persons who are to be eligible for the grant of fishing rights and specify the conditions relevant to such registration; and
(b) contain a statement of any right of review that a person has in relation to such registration or the grant, or refusal to make a grant, of a fishing concession.
(8) A plan of management may make provision in relation to a matter by applying, adopting or incorporating, with or without modification:
(a) a provision of any Act or any regulation made under an Act, or of any other determination, as in force at a particular time or as in force from time to time; or
(b) any matter contained in any other instrument or writing as in force or existing at the time when the determination takes effect.
(9) A plan of management has no effect to the extent that it is inconsistent with a provision of this Act.
(10) While a plan of management is in force for a fishery, AFMA must perform its functions, and exercise its powers, under this Act in relation to the fishery in accordance with the plan of management.
(11) AFMA may, by writing under its common seal, delegate any powers conferred on it under a plan of management for a fishery in accordance with paragraph (6)(aa) to:
(a) the CEO; or
(b) a primary stakeholder who is to assist AFMA to manage the fishery under a co‑management arrangement (within the meaning of the
Fisheries Administration Act 1991 ).
(1) AFMA must maintain a register containing a list of the names and postal addresses of persons and organisations who are to be notified of, or of determinations affecting the preparation of, draft plans of management.
(2) As soon as is practicable after the commencement of this section and on each anniversary of that commencement, AFMA must give public notice:
(a) inviting persons and organisations to have their names and postal addresses entered on the register; and
(b) in the case of the second or a later notice—inviting persons and organisations on the register (if any) to have their names and postal addresses left on the register.
(3) A notice must state that the acceptance of an invitation:
(a) is to be in writing, sent to AFMA at a place specified in the notice and accompanied by particulars of the name and postal address of the acceptor; and
(b) is to be given:
(i) in the case of a person, or organisation, in existence on the publication of the notice—within one month after that publication; and
(ii) in any other case—within 12 months after that publication.
(4) Where a person or organisation accepts an invitation in the way required by the notice, AFMA is to enter, or retain, the name and postal address of the person or organisation on the register.
(5) AFMA may vary the address on the register of a person or organisation at the written request of the person or organisation.
(6) AFMA must remove the name and address of a person or organisation from the register if:
(a) in the case of a name and address that was on the register before the most recent notice under subsection (2)—the invitation to keep that name and address on the register was not accepted within one month after the publication of that notice; or
(b) the person or organisation makes a written request for the removal; or
(c) AFMA becomes satisfied that:
(i) in the case of a natural person—the person has died; or
(ii) in any other case—the person or organisation has ceased to exist.
(7) In subsection (2), a reference to public notice is a reference to a notice published:
(a) in the
Gazette ; and(b) in each State and internal Territory in a newspaper circulating generally in that State or Territory; and
(c) in each external Territory that the Minister considers appropriate (if any) in a newspaper circulating generally in that external Territory.
(1) When AFMA has determined a plan of management for a fishery, it must:
(a) submit the plan to the Minister; and
(b) inform the Minister of the nature of any representations it received, and the consultations it conducted, before determining the plan.
(2) The Minister must accept the plan if it appears to the Minister that:
(a) AFMA gave due consideration to any representations it received, and conducted adequate consultations, before determining the plan; and
(b) the plan is consistent with AFMA’s corporate plan and current annual operational plan.
(3) If the Minister does not accept the plan, the Minister must refer it to AFMA and inform AFMA why it was not accepted.
(4) When the plan has been so referred to AFMA, AFMA must, as soon as practicable after receipt of the plan, take such steps as appear to it to be necessary to ensure acceptance of the plan by the Minister and again submit the plan to the Minister.
(5) If the Minister again does not accept the plan, the procedures mentioned in subsections (3) and (4) continue to apply in relation to the plan until it is accepted by the Minister or withdrawn by AFMA.
(1) AFMA must cause to be published in the
Gazette , in respect of each determination made under section 17 and accepted by the Minister, notice of:
(a) the fact that the determination has been made; and
(b) the place or places where copies of the determination can be obtained.
(5) A determination is taken to be a legislative instrument for the purposes of the
Administrative Review Tribunal Act 2024 .
(1) AFMA may at any time amend a plan of management.
(2) If AFMA amends a plan of management, it must:
(a) give written notification of that fact to each person who is the holder of a statutory fishing right granted in accordance with the plan; and
(b) inform the person where copies of the amended plan may be obtained.
(3) AFMA may revoke a plan of management.
(4) Where a plan of management for a fishery is revoked under subsection (3), statutory fishing rights, fishing permits, foreign fishing licences, scientific permits, foreign master fishing licences and fish receiver permits granted by AFMA that relate to the fishery cease to have effect in relation to the fishery.
(5) Sections 17, 18 and 19 apply in relation to an amendment of a plan of management and the revocation of a plan of management in the same way as they apply to a plan of management prepared under section 17.
(6) However, subsection (2) of this section, subsections 17(1B) to (4), and sections 18 and 19 do not apply to an amendment of a plan of management that merely:
(a) corrects an error in the plan (including a factual, grammatical, mapping or typographical error, for example); or
(b) changes the format or presentation of the plan; or
(c) changes a matter in the plan to make the plan consistent with:
(i) this or another Act; or
(ii) the regulations; or
(d) removes conditions from the plan if conditions for the plan’s fishery about the same subject matter have been prescribed in the regulations, whether or not the conditions are in the same terms.
(7) Also, subsections 17(1B) to (4) and section 19 do not apply to an amendment of a plan of management to remove a provision from the plan if, within 1 year before the proposed amendment is to take effect, the following entities have been given at least 28 days written notice of the proposed amendment:
(a) if there is a management advisory committee for the plan’s fishery—the management advisory committee;
(b) if a peak body represents the holders of statutory fishing rights under the plan—the peak body;
(c) if there is no management advisory committee or peak body—the holders of the licences, permits or rights for the fishery.
(8) However, section 18 applies to an amendment mentioned in subsection (7) in the same way as section 18 applies to a plan of management.
(1) For the purposes of this Act, each of the following rights is a separate statutory fishing right:
(a) a right to take a particular quantity of fish, or to take a particular quantity of fish of a particular species or type, from, or from a particular area in, a managed fishery;
(b) a right to a particular proportion of the fishing capacity that is permitted, by or under a plan of management, for, or for a part of, a managed fishery;
(c) a right to engage in fishing in a managed fishery at a particular time or times, on a particular number of days, during a particular number of weeks or months, or in accordance with any combination of the above, during a particular period or periods;
(d) a right to use a boat in a managed fishery for purposes stated in a plan of management;
(e) a right to use particular fishing equipment in a managed fishery;
(f) a right to use, in a managed fishery, fishing equipment that is of a particular kind, of a particular size or of a particular quantity or is a combination of any of the above;
(g) a right to use a particular type of boat in a managed fishery;
(h) a right to use a boat of a particular size or having a particular engine power, or of a particular size and having a particular engine power, in a managed fishery;
(i) any other right in respect of fishing in a managed fishery.
(1A) A plan of management for a fishery may do any one or more of the following:
(a) provide for a statutory fishing right of a kind mentioned in paragraph (1)(a) even though, in a particular period, the quantity of fish to which the fishing right relates is nil or negligible;
(b) provide for a statutory fishing right of a kind mentioned in paragraph (1)(b) even though the proportion of fishing capacity to which the fishing right relates would result in a nil or negligible quantity of fish;
(c) provide for a statutory fishing right of a kind mentioned in paragraph (1)(f) even though it may be impracticable to make or use fishing equipment of the size or quantity, or size and quantity, to which the fishing right relates;
(d) provide for a statutory fishing right of a kind mentioned in paragraph (1)(h) even though it may be impracticable to build or use a boat of the size or having the engine power, or of the size and having the engine power, to which the fishing right relates.
(1B) For the purposes of subsection (1C), the fishing rights in respect of a particular fishery that are referred to in any one of the following paragraphs together constitute a class of fishing rights:
(a) 2 or more identical fishing rights of a kind mentioned in paragraph (1)(a);
(b) 2 or more identical fishing rights of a kind mentioned in paragraph (1)(b);
(c) 2 or more identical fishing rights of a kind mentioned in paragraph (1)(c);
(d) 2 or more identical fishing rights of a kind mentioned in paragraph (1)(f);
(e) 2 or more identical fishing rights of a kind mentioned in paragraph (1)(h).
(1C) If a person holds a class of fishing rights in respect of a managed fishery, the fishing rights in the class together confer fishing rights in respect of:
(a) if the fishing rights in the class are fishing rights of a kind mentioned in paragraph (1)(a)—a quantity of fish, or of fish of the relevant species or type, equal to the sum of the quantities of fish, or of fish of that species or type, in relation to, or in relation to the area in, the fishery, stated in the fishing rights in the class; or
(b) if the fishing rights in the class are fishing rights of a kind mentioned in paragraph (1)(b)—a proportion of fishing capacity equal to the sum of the proportions of the fishing capacity stated in the fishing rights in the class; or
(c) if the fishing rights in the class are fishing rights of a kind mentioned in paragraph (1)(c) and each fishing right relates to a particular number of days, weeks or months during a particular period or periods—a number of days, weeks or months equal to the sum of the numbers of days, weeks or months, as the case may be, during that period or those periods, stated in the fishing rights in the class; or
(d) if the fishing rights in the class are fishing rights of a kind mentioned in paragraph (1)(f)—fishing equipment the total size or quantity of which is not greater than the sum of the sizes or quantities, or the total size and total quantity of which are not greater than the sum of the sizes and the sum of the quantities, as the case may be, stated in the fishing rights in the class;
(e) if the fishing rights in the class are fishing rights of a kind mentioned in paragraph (1)(h)—a boat of a size not greater than the sum of the sizes, having an engine power not greater than the sum of the engine powers, or of a size not greater than the sum of the sizes and having an engine power not greater than the sum of the engine powers, as the case may be, stated in the fishing rights in the class.
(2) A fishing right may authorise fishing:
(a) by or from an Australian boat; and
(b) if the relevant plan of management so provides—by or from a foreign boat.
(1) Where a plan of management provides for the management by AFMA of a fishery by means of a system of statutory fishing rights, AFMA is to establish and administer such a system in accordance with the plan.
(2) AFMA is to give to a person to whom it grants a fishing right a certificate evidencing the grant of the fishing right.
(3) A fishing right is granted subject to the following conditions:
(a) the holder of the fishing right must comply with any obligations imposed by, or imposed by AFMA under, the relevant plan of management on the holder of such a fishing right;
(b) the fishing right will cease to have effect if the plan of management for the fishery to which the fishing right relates is revoked under subsection 20(3);
(c) the fishing right may, under subsection 75(7), cease to have effect;
(d) the fishing right may be cancelled under section 39;
(e) no compensation is payable because the fishing right is cancelled, ceases to have effect or ceases to apply to a fishery.
Note: For further provisions relating to conditions imposed on fishing rights see subsections (4), (4A), (5) and (5A) and sections 40C, 42, 42A and 42B.
(4) A fishing right:
(a) is subject to such other conditions as are specified in the certificate, including conditions relating to the suspension or cancellation of the fishing right and the transferability or otherwise of the fishing right; and
(b) comes into force on the day specified for the purpose in the certificate, or, if no day is so specified, on the day on which it is granted; and
(c) subject to this Act, remains in force:
(i) until the day specified for the purpose in the certificate; or
(ii) if no such day is specified, until cancelled or surrendered or it otherwise ceases to have effect, under this Act.
(4A) It is also a condition of a fishing right relating to a fishery that the holder of the right comply with a direction under section 41A that relates to the fishery.
(5) AFMA may, by written notice given to the holder of a fishing right, whether or not at the request of the holder, vary or revoke a condition of the fishing right (not being a condition mentioned in subsection (3) or (4A)) or specify a condition or a further condition to which the fishing right is to be subject.
(5A) After the commencement of this subsection and without limiting the generality of subsection (5), if a statutory fishing right authorises an Australian‑flagged boat to fish on the high seas, AFMA may attach a further condition to that right to the effect that another boat may not be substituted for the first‑mentioned boat without AFMA’s prior written agreement to the substitution.
(6) A fishing right ceases to be in force if the holder of the fishing right surrenders it by written notice given to AFMA.
(1) Where AFMA or a Joint Authority makes a decision as to the person or persons to whom the grant of a fishing right in a managed fishery is to be made, not being a grant or grants to be made after:
(a) the holding of an auction in respect of the grant; or
(b) the calling of tenders in respect of the grant;
the following provisions of this section apply.
(2) AFMA or the Joint Authority, as the case may be, by notice published in the
Gazette , must set out the name of the person or persons to whom the fishing rights are to be granted and a summary of the fishing rights to be granted to each such person.(3) A grant of a fishing right must not be made to such a person:
(a) before the end of the period within which, under section 143, applications to the Panel may be made for review of the decision in relation to the grant; or
(b) if an application in relation to the decision is made to the Panel under section 143—before the application is dealt with by the Panel or otherwise disposed of.
(1) AFMA may, by public notice, declare that it intends to grant a fishing right or fishing rights specified in the notice in relation to fishing in a specified managed fishery.
(2) A reference in subsection (1) to public notice is a reference to notice published:
(a) in the
Gazette ; and(b) in each State and Territory, in a newspaper circulating throughout that State or Territory; and
(c) in such other newspaper or publication (if any) that appears to AFMA to be appropriate in the circumstances.
AFMA must, in a notice under section 24:
(a) describe the fishing activities that will be authorised by the fishing right or fishing rights; and
(b) specify the way in which the grant is to be made and, if the grant is to be made otherwise than by auction or tender, give full particulars of the procedures to be followed for selecting a person to whom the grant will be made available under section 29; and
(c) set out the conditions (if any) that are to be satisfied by persons applying under section 26 for registration as eligible persons for the grant before they may be so registered; and
(d) if an auction is to be held, specify the lowest bid that will be a qualifying bid for the purposes of subsection 29(1); and
(e) specify:
(i) the fees (if any) payable by persons applying for registration; and
(ii) the period (if any) for which the fishing right will be in force unless it is sooner cancelled or otherwise ceases to apply or have effect; and
(iii) if the grant is to be made otherwise than by auction or by calling tenders—the amount (if any) that is the amount of charge on the grant for the purposes of the
Statutory Fishing Rights Charge Act 1991 ; and(iv) whether any charge imposed on the grant under the
Statutory Fishing Rights Charge Act 1991 is to be paid in one lump sum or by instalments and, if the charge is to be paid by instalments, the number and frequency of those instalments; and(v) the right of review available to persons in relation to the grant of, or the refusal to grant, a fishing right; and
(vi) an address from which copies of the plan of management may be obtained; and
(vii) any other matter in respect of the grant that, in the opinion of AFMA, should be notified to prospective applicants; and
(f) invite interested persons to apply to AFMA, in the approved form, within the period specified in the notice, to be registered as eligible persons for the grant.
(1) A person may apply to AFMA, in the approved form, for registration as an eligible person for a grant of a fishing right.
(2) Subject to section 31K, AFMA must register as an eligible person for a grant of a fishing right each applicant who:
(a) satisfies the conditions (if any) for registration specified in the plan of management in relation to the grant; and
(b) has paid the prescribed fee; and
(c) in the case of an applicant tendering for the grant—has complied with subsections 27(2) and (3).
(3) AFMA must, as soon as practicable, notify the applicant in writing of its decision to register or not to register the applicant as an eligible person for a grant of a fishing right and of the right of review that the person has in relation to that decision.
(1) This section applies where, under a plan of management, tenders are to be called in respect of the grant of a fishing right or fishing rights.
(2) An application for registration must be accompanied by a tender made in accordance with subsection (3).
(3) The tender must:
(a) specify the amount that the applicant is willing to pay to the Commonwealth for the grant; and
(b) be enclosed in a sealed, opaque envelope on which is written only:
(i) the name and address of the applicant; and
(ii) words identifying the grant to which the tender relates.
(4) AFMA must take reasonable steps to ensure that the envelope containing the tender is kept in such a way as to prevent premature disclosure of the amount specified in the tender and, in particular, must take reasonable steps to ensure that the envelope is not interfered with until it is opened in accordance with the regulations.
(1) Where a grant of a fishing right is required to be made by auction or tender, the regulations must prescribe the procedures to be followed for selecting the person to whom the grant will be made available under section 29.
(2) Without limiting the generality of subsection (1), those procedures must include:
(a) in the case of an auction—the procedures to be followed for:
(i) holding the auction; and
(ii) where a grant of a fishing right, being a grant that was available to a person under section 29 as a result of an auction, has ceased to be so available, holding another auction in respect of the grant; and
(b) in the case of tenders—the procedures to be followed for:
(i) opening the envelopes containing the tenders lodged by the persons registered under subsection 26(2) as eligible persons for the grant; and
(ii) recording the amount specified in each of those tenders; and
(iii) ranking those persons by reference to the amounts so recorded; and
(d) the preparation, where tenders have been called, of a list (in this Division called the
precedence list ) of all the persons who have been registered under section 26 as eligible persons for the grant in the order in which they have, in accordance with the procedures prescribed by the regulations, been ranked for the purposes of the grant.
(1) Where an auction has been held in respect of the grant of a fishing right, the grant is available to the person who made the highest qualifying bid for the grant at the auction.
(2) Where tenders have been called in respect of the grant of a fishing right, the grant is available to the person ranked highest on the precedence list prepared for the purposes of the grant.
(3) Where subsections (1) and (2) do not apply in relation to a grant of a fishing right, the grant is available to the person selected in accordance with the procedures specified for that purpose in the plan of management relating to the grant.
(4) Where a grant of a fishing right is available to a person under this section, AFMA must, as soon as practicable:
(a) notify that fact in writing to that person and to each other person who was registered under section 26 as an eligible person for the grant of that fishing right; and
(b) give to each such person a statement in writing of the reasons for making the grant so available and of any right of review that the person has in relation to the decision to make the grant so available.
(1) If a person to whom a grant becomes available under subsection 29(1) does not, immediately after having been notified of that fact, tender the amount of charge due and payable at that time under the
Statutory Fishing Rights Charge Act 1991 in respect of the grant, the grant ceases to be available to the person.(2) If, within 30 days after a grant of fishing rights has become available to a person, either because of subsection 29(2) or (3) or because of a previous application of this subsection, the person does not tender the amount of any charge due and payable under the
Statutory Fishing Rights Charge Act 1991 in respect of the grant:
(a) the grant ceases to be available to the person; and
(b) if a precedence list has been prepared for the purposes of the grant:
(i) the name of the person is, by force of this subsection, deleted from the list; and
(ii) the grant is available to the person who then becomes the highest ranking person on that list.
Upon the request of a person to whom the grant of a fishing right is available, AFMA must grant the fishing right to that person.
(1) Subject to subsection (2), if a plan of management for a fishery (the
former plan ) is revoked, each person (aformer holder of fishing rights ) who held statutory fishing rights of a particular class of fishing rights (therelevant class ) in respect of the fishery under the former plan immediately before it was revoked holds astatutory fishing rights option in respect of fishing rights of the relevant class.(2) Subsection (1) does not apply if:
(a) a new plan of management is determined for the fishery immediately after the revocation of the former plan; and
(b) the new plan is in all substantial respects identical to the former plan; and
(c) the persons who held statutory fishing rights under the former plan are granted equivalent statutory fishing rights under the new plan.
(3) Subsection 21(1B) applies in determining the kinds of statutory fishing rights that together constitute a class of fishing rights in respect of a fishery for the purposes of this Division, except that fishing rights that, in AFMA’s opinion, are substantially the same are taken to be identical for the purposes of that subsection.
(4) A statutory fishing rights option entitles the holder of the option to be granted statutory fishing rights of the relevant class under any plan of management (the
new plan ) determined for a fishery after the revocation of the former plan if section 31B or 31C applies to the new plan. The nature and extent of the entitlements are set out in subsection 31B(2) or 31C(2), as the case may be.
(1) This section applies to the new plan if:
(a) the new plan applies to a geographical area that consists of or includes the whole or a part of the geographical area to which the former plan applied; and
(b) the description (other than the description of the geographical area) of the fishery to which the new plan applies is, in AFMA’s opinion, the same, or substantially the same, as the description of the fishery to which the former plan applied; and
(c) the new plan provides for the granting of classes of statutory fishing rights that are the same, or substantially the same, as the classes of statutory fishing rights provided for in the former plan; and
(d) under the new plan the only persons who are entitled to be granted statutory fishing rights are persons who hold statutory fishing rights options in respect of statutory fishing rights under the new plan.
5. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director‑General, who shall inform all Parties of the receipt of acceptance and the entry into force of amendments.
6. For the purpose of this Article, an instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such an organization.
Any Party may withdraw from this Agreement at any time after the expiry of two years from the date upon which the Agreement entered into force with respect to that Party, by giving written notice of such withdrawal to the Director‑General who shall immediately inform all the Parties and the Members and Associate Members of FAO of such withdrawal. Withdrawal shall become effective at the end of the calendar year following that in which the notice of withdrawal has been received by the Director‑General.
The Director‑General shall be the Depositary of this Agreement. The Depositary shall:
(a) send certified copies of this Agreement to each Member and Associate Member of FAO and to such non‑member States as may become party to this Agreement;
(b) arrange for the registration of this Agreement, upon its entry into force, with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations;
(c) inform each Member and Associate Member of FAO and any non‑member States as may become Party to this Agreement of:
(i) instruments of acceptance deposited in accordance with Article X;
(ii) the date of entry into force of this Agreement in accordance with Article XI;
(iii) proposals for and the entry into force of amendments to this Agreement in accordance with Article XIII;
(iv) withdrawals from this Agreement pursuant to Article XIV.
The Arabic, Chinese, English, French, and Spanish texts of this Agreement are equally authentic.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Fisheries Management Act 1991 | 162, 1991 | 10 Nov 1991 | s 1 and 2: 10 Nov 1991 (s 2(1)) s 58–82: 3 Feb 1995 (s 2(2)) Remainder: 3 Feb 1992 (s 2(3) and gaz 1992, No GN1) | |
Primary Industries and Energy Legislation Amendment Act 1993 | 94, 1993 | 16 Dec 1993 | Parts 11 and 12 (ss. 47–65): 1 Jan 1994 s. 69(1)(b): 1 July 1989 Remainder: Royal Assent | — |
Maritime Legislation Amendment Act 1994 | 20, 1994 | 15 Feb 1994 | 1 Aug 1994 ( | — |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994 | 129, 1994 | 21 Oct 1994 | Sch: 21 Oct 1994 (s 2(1)) | — |
Evidence (Transitional Provisions and Consequential Amendments) Act 1995 | 3, 1995 | 23 Feb 1995 | s 14: 23 Feb 1995 (s 2(1)) Sch: 18 Apr 1995 (s 2(13)) | s 14 |
Primary Industries and Energy Legislation Amendment Act (No. 2) 1996 | 59, 1996 | 20 Nov 1996 | Sch 4: 20 Nov 1996 (s 2(1)) | — |
Fisheries Legislation Amendment Act 1997 | 120, 1997 | 7 July 1997 | 7 July 1997 | Sch 2 (item 29) |
Fisheries Legislation Amendment Act (No. 1) 1998 | 75, 1998 | 30 June 1998 | Sch 1: 28 July 1998 (s 2(1)) | — |
Fisheries Legislation Amendment Act (No. 1) 1999 | 143, 1999 | 3 Nov 1999 | Schedule 1: 16 Dec 1999 ( Schedule 2: 11 Dec 2001 ( Remainder: Royal Assent | Sch 1 (items 16, 25, 27) and Sch. 2 (items 23, 36) |
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Sch 1 (items 489, 490): 5 Dec 1999 (s 2(1), (2)) | — |
Border Protection Legislation Amendment Act 1999 | 160, 1999 | 8 Dec 1999 | Sch 3 (items 1–8, 14): 16 Dec 1999 (s 2(4), (6) and gaz 1999, No S624) Sch 3 (items 9–13): 11 Dec 2001 (s 2(5)) | — |
Fisheries Legislation Amendment Act (No. 1) 2000 | 50, 2000 | 3 May 2000 | 2: 1 Aug 2000 ( | Sch 2 (item 17) |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 206–209, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | s 4–14 and Sch 3 (items 199, 200): 15 July 2001 (s 2(1), (3)) | s 4–14 |
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 | 115, 2001 | 18 Sept 2001 | 16 Oct 2001 | s 4 |
Measures to Combat Serious and Organised Crime Act 2001 | 136, 2001 | 1 Oct 2001 | Sch 4 (item 70): 29 Oct 2001 (s 2(5)) | — |
Border Security Legislation Amendment Act 2002 | 64, 2002 | 5 July 2002 | Schedule 8: 5 Jan 2003 | — |
Fisheries Legislation Amendment (Compliance and Deterrence Measures and Other Matters) Act 2004 | 28, 2004 | 1 Apr 2004 | Schedule 1: 6 Aug 2004 ( Remainder: Royal Assent | — |
Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004 | 29, 2004 | 2 Apr 2004 | Schedules 1 and 2: 20 Aug 2004 ( | Sch 2 (item 8) |
| ||||
| 100, 2005 | 6 July 2005 | Sch 2 (items 17, 18): 20 Aug 2004 (s 2(1) item 36) | — |
Fisheries Legislation Amendment (International Obligations and Other Matters) Act 2005 | 99, 2005 | 6 July 2005 | Sch 1 (items 3, 4, 6–23, 34–36, 42–47): 7 July 2005 (s 2(1) items 2, 4, 6, 8) Sch 1 (item 5): repealed before commencing (s 2(1) item 3) Sch 1 (items 24–33, 37–41, 48–58): never commenced (s 2(1) items 5, 7, 9) | Sch 1 (item 41) |
Statute Law Revision Act 2005 | 100, 2005 | 6 July 2005 | Sch 1 (item 21): 1 Aug 2000 (s 2(1) item 11) Sch 1 (item 22): 24 May 2001 (s 2(1) item 12) Sch 1 (items 23, 24): 3 Feb 1992 (s 2(1) items 13, 14) Sch 1 (item 25): 20 Aug 2004 (s 2(1) item 15) | — |
Border Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Act 2005 | 103, 2005 | 23 Aug 2005 | Schedule 1 (items 1, 42, 43): 24 Aug 2005 Schedule 1 (items 3–14, 21–26): 30 Nov 2005 ( | Sch 1 (item 14) |
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Act 2006 | 8, 2006 | 23 Mar 2006 | 23 Mar 2006 | Sch 2 (item 22) |
Fisheries Legislation Amendment (Foreign Fishing Offences) Act 2006 | 61, 2006 | 22 June 2006 | Schedules 1 and 2: 23 June 2006 Remainder: Royal Assent | — |
Migration Legislation Amendment (Information and Other Measures) Act 2007 | 63, 2007 | 15 Apr 2007 | Schedule 1 (items 16–30, 60, 61): 1 May 2007 ( | Sch 1 (items 60, 61) |
Fisheries Legislation Amendment Act 2007 | 104, 2007 | 28 June 2007 | Schedule 2: 26 July 2007 | — |
| ||||
| 73, 2008 | 3 July 2008 | Sch 2 (item 21): 26 July 2007 (s 2(1) item 56) | — |
Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008 | 36, 2008 | 24 June 2008 | Schedule 1 (items 83–117, 135–156): 1 July 2008 Schedule 2 (items 1–12) and Schedule 4 (items 1–6): 22 July 2008 Schedule 3 (items 1–66): 24 June 2009 | Sch 1 (items 135–156) |
Customs Legislation Amendment (Name Change) Act 2009 | 33, 2009 | 22 May 2009 | Schedule 2 (item 34): 23 May 2009 | — |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Schedule 1 (items 1–18): 30 Jan 2012 ( | Sch 1 (item 18) Sch 1 (item 17) (rep by 96, 2010, Sch 3 [item 17]) |
| ||||
| 96, 2010 | 6 July 2010 | Schedule 3 (item 17): ( | — |
Fisheries Legislation Amendment Act 2010 | 39, 2010 | 13 Apr 2010 | Schedule 1: 11 May 2010 | — |
Freedom of Information Amendment (Reform) Act 2010 | 51, 2010 | 31 May 2010 | Sch 5 (items 35, 36) and Sch 7: 1 Nov 2010 (s 2(1) item 7) | Sch 7 |
Personal Property Securities (Corporations and Other Amendments) Act 2010 | 96, 2010 | 6 July 2010 | Sch 3 (items 2, 17): 30 Jan 2012 (s 2(1) items 9, 14) | — |
Fisheries Legislation Amendment Act (No. 2) 2010 | 137, 2010 | 7 Dec 2010 | Schedule 3 (items 1–14): 4 Jan 2011 Schedule 3 (items 15–20): 7 Jan 2011 | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Schedule 2 (items 619–627) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch 3 (items 10, 11) |
Maritime Powers (Consequential Amendments) Act 2013 | 16, 2013 | 27 Mar 2013 | Schedule 3: 27 Mar 2014 ( | — |
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2013 | 17, 2013 | 27 Mar 2013 | Schedule 3: 24 Apr 2013 Schedule 6 (items 52–56): 28 Mar 2013 | Sch 3 (item 13) |
Fisheries Legislation Amendment Act (No. 1) 2013 | 27, 2013 | 28 Mar 2013 | Schedule 1 (items 1–9, 12–15), Schedule 2, Schedule 3 and Schedule 4 (items 1–10): 25 Apr 2013 Schedule 4 (items 11, 12): 29 Mar 2013 | Sch 2 (item 6), Sch 3 (item 2) and Sch 4 (item 12) |
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 1 (items 50, 51) and Schedule 3 (item 12): Royal Assent | — |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 4 (items 85–87): 24 June 2014 | Sch 4 (item 87) |
Acts and Instruments (Framework Reform) Act 2015 | 10, 2015 | 5 Mar 2015 | Sch 3 (items 139, 140, 348 and 349): 5 Mar 2016 (s 2(1) item 2) | Sch 3 (items 348, 349) |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 5 (items 70–79), Sch 6 (items 77–81) and Sch 9: 1 July 2015 (s 2(1) items 2 and 7) | Sch 6 (item 81) and Sch 9 |
| ||||
| 115, 2017 | 30 Oct 2017 | Sch 1 (item 26): 1 July 2015 (s 2(1) item 2) | — |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 2 (item 161): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6) | Sch 2 (items 356–396) |
| ||||
| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 | 62, 2015 | 16 June 2015 | Sch 2 (items 22, 23) and Sch 4: 16 June 2016 (s 2(1) items 2, 4) Sch 3: 16 June 2015 (s 2(1) item 3) | Sch 3 and Sch 4 |
| ||||
| 93, 2017 | 23 Aug 2017 | Sch 2 (item 9): 20 Sept 2017 (s 2(1) item 4) | — |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 230): 5 Mar 2016 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 174, 175, 389): 10 Mar 2016 (s 2(1) item 6) | — |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 2 (item 45): 21 Oct 2016 (s 2(1) item 1) | — |
Fisheries Legislation Amendment (Representation) Act 2017 | 123, 2017 | 6 Nov 2017 | Sch 1 (items 11, 12): 7 Nov 2017 (s 2(1) item 1) | — |
Territories Legislation Amendment Act 2020 | 154, 2020 | 17 Dec 2020 | Sch 1 (items 89, 93–96, 99): 18 Dec 2020 (s 2(1) item 2) | Sch 1 (items 93–96, 99) |
Regulatory Powers (Standardisation Reform) Act 2021 | 32, 2021 | 26 Mar 2021 | Sch 4: 26 Sept 2021 (s 2(1) item 8) | Sch 4 (item 6) |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 1 (items 11–21): 14 Oct 2024 (s 2(1) item 2) | — |
COAG Legislation Amendment Act 2024 | 54, 2024 | 5 July 2024 | Sch 2 (items 14, 94–98): 6 July 2024 (s 2(1) item 3) | Sch 2 (items 94–98) |
s. 3............................................ | am. No. 120, 1997; No. 143, 1999; No. 29, 2004; No. 8, 2006; No 123, 2017 |
s. 3A.......................................... | ad. No. 8, 2006 |
s 4............................................. | am No 20, 1994; No 120, 1997; No 143, 1999; No 160, 1999; No 137, 2000; No 29, 2004; No 99, 2005; No 8, 2006; No 104, 2007; No 36, 2008; No 131, 2009; No 39, 2010; No 96, 2010; No 137, 2010; No 46, 2011; No 27, 2013; No 103, 2013; No 32, 2021; No 54, 2024 |
s 6............................................. | am No 59, 2015 |
s. 6A.......................................... | ad. No. 115, 2001 |
s. 7............................................ | am. No. 143, 1999; No. 29, 2004; No. 36, 2008 |
Note to s. 7(1)............................. | ad. No. 143, 1999 |
rep. No. 36, 2008 | |
s. 8............................................ | am. No. 143, 1999; No. 29, 2004 |
s. 8A.......................................... | ad. No. 50, 2000 |
s. 9............................................ | am. No. 137, 2000 |
s. 9A.......................................... | ad. No. 94, 1993 |
s. 10........................................... | am. No. 143, 1999; No. 29, 2004; No. 99, 2005 |
s. 13........................................... | am. No. 120, 1997; No. 115, 2001 |
s. 14........................................... | am. No. 50, 2000 |
s. 15........................................... | am. No. 120, 1997; No. 50, 2000; No. 115, 2001 |
s. 15A........................................ | ad. No. 75, 1998 |
am. No. 115, 2001; No. 29, 2004 | |
s. 15B........................................ | ad. No. 75, 1998 |
Heading to s. 16A....................... | am. No. 36, 2008 |
Subhead. to s. 16A(1).................. | am. No. 36, 2008 |
s. 16A........................................ | ad. No. 143, 1999 |
am. No. 36, 2008 | |
s. 16B........................................ | ad. No. 29, 2004 |
s. 17........................................... | am. No. 94, 1993; No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 99, 2005; No. 36, 2008; No. 137, 2010 |
s. 17A........................................ | ad. No. 120, 1997 |
am. No. 50, 2000 | |
s 19............................................ | am No 3, 1995; No 137, 2010; No 39, 2024 |
s. 20........................................... | am. No. 137, 2010 |
s. 21........................................... | am. No. 94, 1993 |
s. 22........................................... | am. No. 94, 1993; Nos. 28 and 29, 2004; No. 39, 2010; No. 17, 2013 |
Note to s. 22(3)........................... | ad. No. 143, 1999 |
rs. No. 17, 2013 | |
am. No. 27, 2013 | |
s. 23........................................... | am. No. 99, 2005 |
s. 25........................................... | am. No. 99, 2005 |
s. 26........................................... | am. No. 120, 1997 |
ss. 28, 29.................................... | am. No. 99, 2005 |
Div. 4A of Part 3......................... | ad. No. 120, 1997 |
s. 31A........................................ | ad. No. 120, 1997 |
am. No. 131, 2009 | |
ss. 31B–31E............................... | ad. No. 120, 1997 |
Heading to s. 31F........................ | am. No. 131, 2009 |
Subheads. to s. 31F(1), (2)............ | ad. No. 131, 2009 |
Subheads. to s. 31F(6)–(8)............ | ad. No. 131, 2009 |
s. 31F......................................... | ad. No. 120, 1997 |
am. No. 55, 2001; No. 131, 2009 | |
s. 31FA...................................... | ad. No. 131, 2009 |
s 31G......................................... | ad No 120, 1997 |
s 31H......................................... | ad No 120, 1997 |
s. 31J......................................... | ad. No. 120, 1997 |
am. No. 131, 2009 | |
s 31K......................................... | ad No 120, 1997 |
s 31L......................................... | ad No 120, 1997 |
s. 32........................................... | am. No. 94, 1993; No. 129, 1994; No. 143, 1999; Nos. 28 and 29, 2004; No. 39, 2010; No. 17, 2013 |
Note to s. 32(1D)........................ | am. No. 36, 2008 |
Note to s. 32(5)........................... | ad. No. 143, 1999 |
rs. No. 17, 2013 | |
am. No. 27, 2013 | |
s. 32A........................................ | ad. No. 39, 2010 |
s. 33........................................... | am. No. 28, 2004; No. 39, 2010; No. 17, 2013 |
Note to s. 33(3)........................... | ad. No. 143, 1999 |
rs. No. 17, 2013 | |
am. No. 27, 2013 | |
s. 34........................................... | am. No. 94, 1993; No. 28, 2004; No. 39, 2010; No. 17, 2013 |
Note to s. 34(4)........................... | ad. No. 17, 2013 |
am. No. 27, 2013 | |
s. 38........................................... | am. No. 120, 1997; No. 99, 2005; No. 36, 2008 |
s. 39........................................... | am. No. 120, 1997; No. 143, 1999; No. 29, 2004; No. 36, 2008 |
s. 40........................................... | am. No. 28, 2004; No. 39, 2010; No. 17, 2013 |
Note to s. 40(3)........................... | ad. No. 17, 2013 |
Div. 9A of Part 3......................... | ad. No. 27, 2013 |
s. 40A........................................ | ad. No. 27, 2013 |
s. 40B........................................ | ad. No. 27, 2013 |
s. 40C........................................ | ad. No. 27, 2013 |
s. 41A........................................ | ad. No. 28, 2004 |
am. No. 137, 2010; Nos. 17 and 27, 2013 | |
s 42............................................ | am No 143, 1999; No 29, 2004; No 10, 2015 |
s. 42A........................................ | ad. No. 143, 1999 |
am. No. 36, 2008 | |
s. 42B........................................ | ad. No. 137, 2010 |
s 43............................................ | am No 129, 1994; No 143, 1999; No 36, 2008; No 10, 2015 |
s. 45........................................... | am. No. 8, 2006 |
Heading to s. 46.......................... | am. No. 131, 2009 |
Subheads. to s. 46(1), (2).............. | ad. No. 131, 2009 |
Subhead. to s. 46(5)..................... | ad. No. 131, 2009 |
s. 46........................................... | am. No. 120, 1997; No. 55, 2001; No. 131, 2009; No. 39, 2010 |
s. 46A........................................ | ad. No. 131, 2009 |
s. 48........................................... | am. No. 131, 2009; No. 103, 2013 |
s. 49........................................... | am. No. 120, 1997 |
rep. No. 39, 2010 | |
s 50............................................ | am No 131, 2009; No 39, 2024 |
s 54............................................ | am No 36, 2008; No 154, 2020 |
s. 56........................................... | am. No. 36, 2008 |
s. 57........................................... | am. No. 115, 2001 |
rs. No. 29, 2004 | |
am No 4, 2016; No 61, 2016 | |
Part 4A...................................... | ad. No. 29, 2004 |
s 57A......................................... | ad No 29, 2004 |
s 57B......................................... | ad No 29, 2004 |
am No 39, 2024 | |
s 57C......................................... | ad No 29, 2004 |
s 57D......................................... | ad No 29, 2004 |
s 57E......................................... | ad No 29, 2004 |
s 57F.......................................... | ad No 29, 2004 |
am No 4, 2016; No 61, 2016 | |
Part 4B....................................... | ad. No. 28, 2004 |
s. 57G........................................ | ad. No. 28, 2004 |
s 57H......................................... | ad No 28, 2004 |
am No 137, 2010; No 39, 2024 | |
s 57J.......................................... | ad No 28, 2004 |
s 57K......................................... | ad No 28, 2004 |
s 57L......................................... | ad No 28, 2004 |
am No 4, 2016; No 61, 2016 | |
s. 60........................................... | am. No. 8, 2006 |
s. 65........................................... | am. No. 120, 1997 |
s. 69........................................... | am. No. 36, 2008 |
s 71............................................ | am No 8, 2006 |
s 72............................................ | am No 8, 2006 |
s. 74........................................... | am. No. 8, 2006 |
s. 74A........................................ | ad. No. 8, 2006 |
ss. 75, 76.................................... | am. No. 8, 2006 |
s. 77........................................... | rs. No. 8, 2006 |
am. No. 27, 2013 | |
s. 78........................................... | rs. No. 120, 1997 |
am. No. 8, 2006 | |
ss. 79, 80.................................... | rep. No. 120, 1997 |
s. 82........................................... | rep. No. 120, 1997 |
s. 83........................................... | am. No. 36, 2008 |
s. 84........................................... | am. No. 129, 1994; No. 120, 1997; Nos. 143 and 160, 1999; No. 115, 2001; No. 28, 2004; No. 29, 2004 (as am. by No. 100, 2005); No. 103, 2005; No. 61, 2006; No. 104, 2007; No 16, 2013 |
Note to s. 84(1)........................... | ad. No. 103, 2005 |
Note to s. 84(1A)........................ | ad. No. 143, 1999 |
am. No. 104, 2007 | |
s. 84AA..................................... | ad. No. 103, 2005 |
rep No 16, 2013 | |
s. 84A........................................ | ad. No. 160, 1999 |
am. No. 136, 2001 | |
rep. No. 103, 2005 | |
s. 84B........................................ | ad. No. 160, 1999 |
rep. No. 103, 2005 | |
ad. No. 137, 2010 | |
am No 16, 2013 | |
s 84C......................................... | ad No 160, 1999 |
am No 41, 2015 | |
s. 85........................................... | rs. No. 120, 1997 |
ss. 85A–85H............................... | ad. No. 120, 1997 |
s 85J.......................................... | ad No 120, 1997 |
s 85K......................................... | ad No 120, 1997 |
s. 86........................................... | rs. No. 120, 1997 |
am No 31, 2014 | |
Heading to s. 87.......................... | rs. No. 36, 2008 |
s. 87........................................... | am. No. 36, 2008; No. 137, 2010 |
rep No 16, 2013 | |
ss. 87A, 87B............................... | ad. No. 143, 1999 |
am. No. 103, 2005 | |
rep. No. 36, 2008 | |
ss. 87C, 87D............................... | ad. No. 143, 1999 |
rep. No. 36, 2008 | |
s. 87E........................................ | ad. No. 143, 1999 |
am. No. 160, 1999; No. 103, 2005 | |
rep. No. 36, 2008 | |
Note to s. 87E(5)......................... | rep. No. 103, 2005 |
s. 87F......................................... | ad. No. 143, 1999 |
rep. No. 36, 2008 | |
s. 87G........................................ | ad. No. 143, 1999 |
rep No. 16, 2013 | |
s. 87H........................................ | ad. No. 143, 1999 |
am. No. 103, 2005; No. 36, 2008 | |
rep No. 16, 2013 | |
Note to s. 87H(1)........................ | rep. No. 36, 2008 |
Note to s. 87H(5)........................ | rep. No. 36, 2008 |
s. 87HA..................................... | ad. No. 36, 2008 |
rep No 16, 2013 | |
s. 87J......................................... | ad. No. 143, 1999 |
am. No. 36, 2008; No 16, 2013 | |
s. 88........................................... | am. No. 120, 1997; No. 143, 1999; No. 28, 2004; No. 36, 2008; No 16, 2013 |
s. 88A........................................ | ad. No. 143, 1999 |
rs. No. 36, 2008 | |
s. 89........................................... | am. No. 120, 1997; No. 115, 2001; No. 36, 2008; No 4, 2016 |
s. 89A........................................ | ad. No. 39, 2010 |
s. 91........................................... | am. No. 129, 1994; No. 17, 2013 |
s 93............................................ | am No 115, 2001; No 32, 2021 |
s. 94........................................... | am. No. 50, 2000 |
s. 95........................................... | am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 29, 2004; No. 100, 2005; No 4, 2016 |
s. 96........................................... | am. No. 120, 1997 |
s. 97........................................... | am. No. 120, 1997; No. 27, 2013 |
s. 97A........................................ | ad. No. 27, 2013 |
s. 98........................................... | am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 115, 2001; No. 36, 2008; No 4, 2016 |
s 98A......................................... | ad No 160, 1999 |
rep No 103, 2005 | |
ad No 32, 2021 | |
Heading to s. 99.......................... | am. No. 143, 1999 |
s. 99........................................... | am. No. 120, 1997; No. 143, 1999 |
Heading to s. 100........................ | am. No. 143, 1999 |
s. 100......................................... | am. No. 120, 1997; No. 143, 1999; No 4, 2016 |
s. 100A...................................... | ad. No. 143, 1999 |
am. No. 28, 2004; No. 61, 2006; No 4, 2016 | |
Note to s. 100A(4)....................... | ad. No. 61, 2006 |
s. 100B...................................... | ad. No. 61, 2006 |
am. No. 104, 2007 | |
Heading to s. 101........................ | am. No. 143, 1999; No. 36, 2008 |
s. 101......................................... | am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 36, 2008; No. 137, 2010; No 4, 2016 |
s. 101A...................................... | ad. No. 143, 1999 |
am. No. 50, 2000; No. 61, 2006; No. 36, 2008; No. 137, 2010; No 4, 2016 | |
Note to s. 101A(4)....................... | ad. No. 61, 2006 |
s. 101AA.................................... | ad. No. 61, 2006 |
am. No. 104, 2007; No. 36, 2008; No. 137, 2010 | |
s. 101B...................................... | ad. No. 143, 1999 |
am. No. 143, 1999; No. 61, 2006; No. 36, 2008; No 4, 2016 | |
s. 102......................................... | am. No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 115, 2001; No. 36, 2008; No 16, 2013; No 4, 2016 |
s. 103......................................... | am. No. 120, 1997; No. 143, 1999; No. 115, 2001; No. 99, 2005; No. 61, 2006; No 4, 2016 |
Note to s. 103(1B)....................... | ad. No. 99, 2005 |
s. 104......................................... | am. No. 120, 1997; No. 115, 2001; No 4, 2016 |
Div. 5A of Part 6......................... | ad. No. 143, 1999 |
s. 105A...................................... | ad. No. 143, 1999 |
am No 4, 2016 | |
Heading to s. 105AA................... | am. No. 36, 2008 |
s. 105AA.................................... | ad. No. 99, 2005 |
am. No. 36, 2008; No 4, 2016 | |
s. 105AB.................................... | ad. No. 99, 2005 |
am. No. 36, 2008; No 4, 2016 | |
s 105B....................................... | ad No 143, 1999 |
am No 4, 2016 | |
s 105C....................................... | ad No 143, 1999 |
am No 4, 2016 | |
s. 105D...................................... | ad. No. 143, 1999 |
am. No. 36, 2008 | |
Subdiv. AA of Div. 5A................ of Part 6 | ad. No. 99, 2005 rep. No. 36, 2008 |
ss. 105DA–105DD...................... | ad. No. 99, 2005 |
rep. No. 36, 2008 | |
Subdiv. B of Div. 5A................... of Part 6 | rs. No. 36, 2008 |
s. 105E....................................... | ad. No. 143, 1999 |
rs. No. 36, 2008 | |
s 105EA..................................... | ad No 36, 2008 |
s 105EB..................................... | ad No 36, 2008 |
s. 105F....................................... | ad. No. 143, 1999 |
rs. No. 36, 2008 | |
s. 105FA.................................... | ad. No. 36, 2008 |
s. 105G...................................... | ad. No. 143, 1999 |
rep. No. 36, 2008 | |
Subdiv. C of Div. 5A................... of Part 6 | ad. No. 99, 2005 rs. No. 36, 2008 |
ss. 105H–105J............................ | ad. No. 99, 2005 |
rs. No. 36, 2008 | |
Div. 5B of Part 6......................... | ad. No. 103, 2005 |
s. 105Q...................................... | ad. No. 103, 2005 |
Heading to Subdiv. A.................. of Div. 6 of Part 6 | ad. No. 143, 1999 |
s. 106......................................... | am. No. 129, 1994; No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 29, 2004; No. 104, 2007; No. 36, 2008 |
s. 106AAA................................. | ad. No. 104, 2007 |
am. No. 36, 2008 | |
s 106AAB.................................. | ad No 104, 2007 |
s 106AAC.................................. | ad No 104, 2007 |
Heading to Subdiv. B................... of Div. 6 of Part 6 | rs. No. 104, 2007 |
Subdiv. B of Div. 6..................... of Part 6 | ad. No. 143, 1999 |
s. 106A...................................... | ad. No. 143, 1999 |
am. No. 61, 2006; No. 104, 2007; No 16, 2013 | |
s 106AA..................................... | ad. No. 104, 2007 |
am No 16, 2013 | |
s 106AB..................................... | ad No 104, 2007 |
Subdiv. BA of Div. 6 of............... Part 6 | ad. No. 104, 2007 |
ss. 106AC–106AE....................... | ad. No. 104, 2007 |
Heading to Subdiv. C................... of Div. 6 of Part 6 | rs. No. 104, 2007 |
Subdiv. C of Div. 6..................... of Part 6 | ad. No. 143, 1999 |
s. 106B...................................... | ad. No. 143, 1999 |
rs. No. 104, 2007 | |
s. 106C...................................... | ad. No. 143, 1999 |
am. No. 104, 2007; No. 36, 2008 | |
s. 106D...................................... | ad. No. 143, 1999 |
am No 62, 2015 | |
ss. 106E, 106F............................ | ad. No. 143, 1999 |
am. No. 36, 2008 | |
Note 1 to s. 106F(1)..................... | am. No. 36, 2008 |
Note 2 to s. 106F(1)..................... | am. No. 36, 2008 |
s. 106G..................................... | ad. No. 143, 1999 |
am. No. 36, 2008 | |
s. 106H..................................... | ad. No. 143, 1999 |
s. 106HA................................... | ad. No. 104, 2007 |
Subdiv. CA of Div. 6 of.............. Part 6 | ad. No. 28, 2004 rep No 16, 2013 |
s 106J........................................ | ad. No. 28, 2004 |
rep No 16, 2013 | |
s 106K...................................... | ad. No. 28, 2004 |
rep No 16, 2013 | |
s 106L....................................... | ad. No. 28, 2004 |
rep No 16, 2013 | |
s 106M...................................... | ad. No. 28, 2004 |
am. No. 36, 2008 | |
rep No 16, 2013 | |
s 106N...................................... | ad. No. 28, 2004 |
am. No. 36, 2008 | |
rep No 16, 2013 | |
s 106P....................................... | ad. No. 28, 2004 |
am. No. 36, 2008 | |
rep No 16, 2013 | |
s 106R....................................... | ad. No. 28, 2004 |
am. No. 36, 2008 | |
rep No 16, 2013 | |
s. 106S...................................... | ad. No. 28, 2004 |
rep No. 16, 2013 | |
Heading to Subdiv. D................. of Div. 6 of Part 6 | ad. No. 143, 1999 rep. No. 100, 2005 |
s. 107........................................ | rep. No. 137, 2000 |
Heading to Subdiv. E.................. of Div. 6 of Part 6 | ad. No. 143, 1999 |
s. 108........................................ | am. No. 143, 1999; No. 115, 2001; No. 103, 2005; No. 36, 2008; No 16, 2013 |
Subdiv. F of Div. 6..................... of Part 6 | ad. No. 143, 1999 rs. No. 131, 2009 |
s. 108A..................................... | ad. No. 143, 1999 |
rs. No. 131, 2009 | |
Subdiv. G of Div. 6.................... of Part 6 | ad. No. 99, 2005 |
s. 108B...................................... | ad. No. 99, 2005 |
s. 113........................................ | am. No. 28, 2004; No. 100, 2005; No. 27, 2013 |
s. 128........................................ | am. No. 46, 2011 |
Note to s. 128............................ | ad. No. 46, 2011 |
ss. 137, 138............................... | am. No. 146, 1999 |
Div. 2 of Part 8........................... | rs. No. 36, 2008 |
s. 139........................................ | rs. No. 36, 2008 |
s. 140........................................ | rs. No. 36, 2008 |
am. No. 46, 2011 | |
Note to s. 140............................ | ad. No. 46, 2011 |
s. 141........................................ | rs. No. 36, 2008 |
ss. 141A–141H.......................... | ad. No. 36, 2008 |
ss. 141J–141N........................... | ad. No. 36, 2008 |
ss. 141P, 141Q........................... | ad. No. 36, 2008 |
s. 142........................................ | am. No. 94, 1993 |
s. 153........................................ | am. No. 120, 1997; No. 115, 2001 |
s. 156........................................ | am. No. 120, 1997; No. 115, 2001 |
s 157......................................... | am No 39, 2024 |
Div. 1 of Part 9........................... | ad. No. 39, 2010 |
ss. 163A–163E........................... | ad. No. 39, 2010 |
Heading to Div. 2 of................... Part 9 | ad. No. 39, 2010 |
s. 163........................................ | am. No. 8, 2006; No. 36, 2008 |
Heading to s. 164....................... | rs. No. 27, 2013 |
s. 164........................................ | am. No. 120, 1997; No. 137, 2000; No. 115, 2001; No. 27, 2013 |
s 165......................................... | am No 94, 1993; No 120, 1997; No 99, 2005; No 39, 2010; No 39, 2024 |
s. 166........................................ | am. No. 120, 1997; No. 100, 2005; No. 61, 2006; No. 36, 2008; No. 27, 2013; No 31, 2014 |
s. 167........................................ | am. No. 29, 2004; No. 100, 2005 |
s. 167A..................................... | ad. No. 59, 1996 |
s 167B....................................... | ad No 64, 2002 |
am. No. 33, 2009; No 41, 2015 | |
s. 168........................................ | am. No. 129, 1994; No. 120, 1997; No. 143, 1999; No. 50, 2000; No. 29, 2004; No. 99, 2005; No. 104, 2007; No. 36, 2008; Nos. 16, 27 and 103, 2013; No 126, 2015; No 32, 2021 |
Schedule 1A.............................. | ad. No. 103, 2005 |
c. 1............................................ | ad. No. 103, 2005 |
c. 2............................................ | ad. No. 103, 2005 |
cc. 3–5...................................... | ad. No. 103, 2005 |
cc. 6, 7....................................... | ad. No. 103, 2005 |
c. 8............................................ | ad. No. 103, 2005 |
am. No. 61, 2006; No. 36, 2008 | |
Note to c. 8(3)............................ | rep. No. 36, 2008 |
c. 9............................................ | ad. No. 103, 2005 |
c. 10.......................................... | ad. No. 103, 2005 |
am. No. 61, 2006; No. 36, 2008 | |
c. 11.......................................... | ad. No. 103, 2005 |
c. 12.......................................... | ad. No. 103, 2005 |
am. No. 36, 2008 | |
Note to c. 12(4).......................... | rep. No. 36, 2008 |
c. 13.......................................... | ad. No. 103, 2005 |
c. 14.......................................... | ad. No. 103, 2005 |
c. 15.......................................... | ad. No. 103, 2005 |
am. No. 61, 2006; No. 36, 2008 | |
c. 16.......................................... | ad. No. 103, 2005 |
c. 17.......................................... | ad. No. 103, 2005 |
am. No. 36, 2008 | |
c. 18.......................................... | ad. No. 103, 2005 |
cc. 19–21.................................... | ad. No. 103, 2005 |
c. 22.......................................... | ad. No. 103, 2005 |
c. 23.......................................... | ad. No. 103, 2005 |
c. 24.......................................... | ad. No. 103, 2005 |
c. 25.......................................... | ad. No. 103, 2005 |
c. 26.......................................... | ad. No. 103, 2005 |
am. No. 63, 2007 | |
c. 27.......................................... | ad. No. 103, 2005 |
cc. 28–30.................................... | ad. No. 103, 2005 |
cc. 31–37.................................... | ad. No. 103, 2005 |
c. 38.......................................... | ad. No. 103, 2005 |
am. No. 36, 2008 | |
cc. 39–41.................................... | ad. No. 103, 2005 |
c. 42.......................................... | ad. No. 103, 2005 |
am. No. 51, 2010 | |
cc. 43–46.................................... | ad. No. 103, 2005 |
c 47........................................... | ad No 103, 2005 |
c 48........................................... | ad No 103, 2005 |
c. 49.......................................... | ad. No. 103, 2005 |
am. No. 63, 2007 | |
c. 50.......................................... | ad. No. 103, 2005 |
cc. 51, 52.................................... | ad. No. 103, 2005 |
am. No. 63, 2007 | |
c. 53.......................................... | ad. No. 103, 2005 |
am. No. 63, 2007; No. 51, 2010 | |
c. 54.......................................... | ad. No. 103, 2005 |
cc. 55–57.................................... | ad. No. 103, 2005 |
c. 58.......................................... | ad. No. 103, 2005 |
c. 59.......................................... | ad. No. 103, 2005 |
Heading to Schedule.................... | rep. No. 143, 1999 |
Heading to Schedule 1................. | ad. No. 143, 1999 |
Schedule 2.................................. | ad. No. 143, 1999 |
Schedule 3.................................. | ad. No. 29, 2004 |
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