Fisheries Management Amendment Regulations 2004 (No. 2) (Cth)

Fisheries Management Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 2332

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.

Dated 5 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN MACDONALD

Minister for Fisheries, Forestry and Conservation

1Name of Regulations

These Regulations are the Fisheries Management Amendment Regulations 2004 (No. 2).

2Commencement

These Regulations commence on the commencement of Schedule 1 to the Fisheries Legislation Amendment (Compliance and Deterrence Measures and Other Matters) Act 2004.

3Amendment of Fisheries Management Regulations 1992

Schedule 1 amends the Fisheries Management Regulations 1992.

Schedule 1Amendment

(regulation 3)

  

[1]Part 4, before Division 2

insert

Division 1Recovery of pursuit costs

10Principles for determination of pursuit costs

1. (1)

   For the purposes of section 106K of the Act, this regulation sets out the principles to be applied to the determination of costs incurred by or on behalf of the Commonwealth that are directly attributable to the conduct of pursuit activities in relation to foreign boats.

2. (2)

   If an officer gives a direction to the master of a foreign boat in accordance with paragraph 84 (1) (aa), (k) or (l) of the Act and the master does not comply, the pursuit is taken to have begun when the officer gave the direction.

3. (3)

   A pursuit ends when the pursued boat arrives at the processing place determined by AFMA to be the processing place in relation to the boat.

4. (4)

   The categories of costs that may be recovered include:

   1. (a)

      the costs of all personnel involved in the pursuit, whether on board a pursuing boat or providing land-based support to the pursuit; and

   2. (b)

      the overtime costs of any personnel of an agency involved in the pursuit who are required to attend in excess of their normal hours because of the pursuit; and

   3. (c)

      any accommodation, relocation, travel or like costs associated with providing the personnel mentioned in paragraphs (a) and (b) to undertake, continue or support the pursuit; and

   4. (d)

      any costs in relation to the use of boats or aircraft in the pursuit, including the costs of repair for any damage incurred by such a boat or aircraft; and

   5. (e)

      the costs of the use of services or equipment (electronic or otherwise) associated with surveillance of the pursued boat; and

   6. (f)

      the costs of the use of services or equipment associated with maintaining communication between agencies involved in the pursuit; and

   7. (g)

      the costs of any ancillary services required to maintain the pursuit — for example, necessary medical, legal or other professional assistance or advice; and

   8. (h)

      any other costs that have arisen as a consequence of the pursuit and the apprehension of the foreign boat and bringing it to a processing place.

Notes

1. These Regulations amend Statutory Rules 1992 No. 20, as amended by 1992 No. 455; 1993 Nos. 74, 118 and 296; 1994 Nos. 77, 125 and 419; 1995 Nos. 285 and 360; 1996 Nos. 67 and 317; 1997 Nos. 19, 95, 186, 278 and 410; 1998 No. 24; 1999 Nos. 22, 98, 130 and 285; 2000 Nos. 56, 92, 310, 337, 338 and 339; 2001 Nos. 3, 22, 190 (repealed by 2002 No. 179) and 302; 2002 Nos. 25, 27, 60, 157 and 304; 2003 Nos. 9 and 112; 2004 No. 70.

2. Notified in the Commonwealth of Australia Gazette