Fisheries Management Regulations 1992 (Cth)
made under the
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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
These Regulations are the
Fisheries Management Regulations 1992 .
(1) In these Regulations, unless the contrary intention appears:
Act means theFisheries Management Act 1991 .
Australian port means a port in Australia or an external Territory.
authorised area , in relation to a foreign boat, means an area in the AFZ in which the boat may be used to take, process or carry fish under a foreign fishing licence.
boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:
(a) the
Eastern Tuna and Billfish Fishery Management Plan 2010 ;(b) the
Northern Prawn Fishery Management Plan 1995 ;(c) the
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 ;(d) the
Western Tuna and Billfish Fishery Management Plan 2005 .
coast radio station means an Australian coast radio station operated by the Overseas Telecommunications Corporation or the Australian and Overseas Telecommunications Corporation.
concession holder means the holder of a licence, permit or right that is a fishing concession.
declared fishery means a fishery in respect of which AFMA has published a declaration under subsection 91(1) of the Act.
designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:
(a) the
Bass Strait Central Zone Scallop Fishery Management Plan 2002 ;(b) the
Heard Island and McDonald Islands Fishery Management Plan 2002 ;(c) the
Macquarie Island Toothfish Fishery Management Plan 2006 ;(d) the
Small Pelagic Fishery Management Plan 2009 ;(e) the
Southern Bluefin Tuna Fishery Management Plan 1995 .
free area , in relation to an applicant for, or the holder of, a fishing permit, means a part of a fishery:
(a) to which the permit applies; and
(b) in relation to which section 7 of the
Fisheries Legislation (Consequential Provisions) Act 1991 does not apply.
gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under any of the following:
(a) the
Northern Prawn Fishery Management Plan 1995 ;(b) the
Southern Squid Jig Fishery Management Plan 2005 .
nominated boat , in relation to a fishing concession, means a boat that has been nominated for the fishing concession in accordance with regulation 9B.
operating , in relation to a vessel monitoring system, means sending a signal that:
(a) is in a format that has been approved by AFMA; and
(b) identifies accurately the location of the vessel monitoring system.
provision subject to an infringement notice means section 93, 95 or 100 of the Act.
quota statutory fishing right means a right described in paragraph 21(1)(a) of the Act.
Southern Bluefin Tuna has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.
Subsidiary Agreement means the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long‑line Fishing signed on 10 December 1991 and published by the Department.
tender means a tender for the grant of a fishing right.
vessel monitoring system has the meaning given by subsection 167B(4) of the Act.
(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).
(3)In these Regulations, unless the contrary intention appears, a reference to a fishery mentioned in regulation 4B is a reference to the fishery so mentioned.
For subsection 8(1) of the Act, the Act applies in relation to all waters within 200 nautical miles outwards of the baseline by reference to which the territorial limits of the Australian Antarctic Territory are defined under international law, 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
(d) persons on board Australian boats.
(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (3) that is outside the AFZ (
the high seas fishing zone ), 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
(d) persons on board Australian boats.
(2) However, the Act does not apply in relation to the high seas fishing zone to any of those persons or boats that are not fishing Southern Bluefin Tuna (
Thunnus maccoyii ) or Northern Bluefin Tuna (Thunnus thynnus ).(3) The area of waters is the area bounded by a line:
(a) beginning at the equator at its intersection with the meridian of longitude 50° west; and
(b) running:
(i) from there east along the equator, to its intersection with the meridian of longitude 140° west; and
(ii) from there south along that meridian to its intersection with the parallel of latitude 60° south; and
(iii) from there west along that parallel to its intersection with the meridian of longitude 50° west; and
(iv) from there north along that meridian to the point where the line began.
Note: To find out where the outer limits of the AFZ are, see the definition of
Australian fishing zone in subsection 4(1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published inGazette No. S52 on 14 February 1992.
(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (2) that is outside the AFZ, 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
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line:
(a) beginning at latitude 55° south, longitude 60° east; and
(b) running:
(i) from there north along the meridian of longitude 60° east to its intersection with the parallel of 53° 14' south; and
(ii) from there generally east south‑easterly along the geodesic to latitude 53° 14¢ 07² south, longitude 67° 03' 20" east; and
(iii) from there north‑easterly along the geodesic to latitude 52° 42' 28" south, longitude 68° 05' 31" east; and
(iv) from there north‑easterly along the geodesic to latitude 51° 58' 18" south, 69° 44' 02" east; and
(v) from there north‑easterly along the geodesic to latitude 51° 24' 32" south, longitude 71° 12' 29" east; and
(vi) from there north‑easterly along the geodesic to latitude 51° 03' 09" south, longitude 72° 28' 28" east; and
(vii) from there north‑easterly along the geodesic to latitude 50° 54' 23" south, longitude 72° 49' 21" east; and
(viii) from there north‑easterly along the geodesic to latitude 49° 49' 34" south, longitude 75° 36' 08" east; and
(ix) from there north‑easterly along the geodesic to latitude 49° 24' 07" south, longitude 76° 24' 17" east; and
(x) from there east along that parallel to its intersection with the meridian of longitude 80° east; and
(xi) from there south along that meridian to its intersection with the parallel of latitude 55° south; and
(xii) from there west along that parallel to the point where the line began.
Note: To find out where the outer limits of the AFZ are, see the definition of
Australian fishing zone in subsection 4(1) of the Actand the Proclamation of Excepted Waters made under section 11 of the Act published inGazette No. S52 on 14 February 1992.
(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), 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
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line:
(a) beginning at the intersection of the outer limit of the AFZ with the meridian of longitude 150° 00' east; and
(b) running:
(i) from there south along that meridian to its intersection with the parallel of 48° 30' south; and
(ii) from there west along that parallel to its intersection with the meridian of longitude 146° 30' east; and
(iii) from there north along that meridian to the intersection with the outer limit of the AFZ; and
(iv) from there generally north easterly along that outer limit to the point where the line began.
(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), 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
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line beginning
at latitude 62º south, longitude 30º east and running progressively:
· east along the parallel of latitude 62º south to its intersection with the meridian of longitude 60º east
· north along that meridian to its intersection with the parallel of latitude 55º south
· east along that parallel to its intersection with the meridian of longitude 89º east
· south along that meridian to its intersection with the parallel of latitude 64º south
· west along that parallel to its intersection with the meridian of longitude 80º east
· south along that meridian to its intersection with
the baseline by reference to which the territorial limits
of the Australian Antarctic Territory are defined under international law
· generally westerly along that baseline to its intersection with the meridian of longitude 30º east
· north along that meridian to the point where the line began.
For the purposes of subsection 4(7) of the Act, the amendments of the Treaty set out in Schedule 4:
(a) have effect for the purposes of the Act; and
(b) take effect for the purposes of the Act on 16 June 1993.
For the purpose of managing fishing activities in certain areas of the AFZ, the following areas are described.
1 | Coral Sea Fishery | The area described in Part 2 of Schedule 1A |
2 | Eastern Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method | The area described in Division 1 of Part 2B of Schedule 1A |
3 | Norfolk Island Offshore Demersal Finfish Fishery | The area described in Part 5A of Schedule 1A |
4 | North West Slope Trawl Fishery | The area described in Part 6 of Schedule 1A |
5 | South Tasman Rise Fishery | The area described in Part 11A of Schedule 1A |
6 | Western Deepwater Trawl Fishery | The area described in Part 12 of Schedule 1A |
7 | Western Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method | The area described in Part 12A of Schedule 1A |
Note: AFMA may regulate the fishing activities described above by taking actions under certain provisions of the Act, such as sections 32, 33, 34 and 91.
Note to item 2 The area of the Eastern Skipjack Fishery is divided into sub‑areas in Division 2 of Part 2B of Schedule 1A.
Note to item 7 The area of the Western Skipjack Fishery is made up of the sub‑areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A.
(1) For the purposes of the management of the Eastern Tuna and Billfish Fishery, the Fishery is taken to be divided into the following sectors:
(a) the ML Sector, being commercial fishing for tuna by any method, except pelagic longlining, purse‑seining or poling; or
(c) the PL Sector, being commercial fishing for tuna by the poling method; or
(d) the PLL (Sub‑area 1) Sector, being commercial fishing for tuna in Sub‑area 1 by the pelagic longlining method; or
(e) the PLL (Sub‑area 2) Sector, being commercial fishing for tuna in Sub‑area 2 by the pelagic longlining method; or
(f) the PLL (Sub‑area 4) Sector, being commercial fishing for tuna in Sub‑area 4 by the pelagic longlining method; or
(g) the PLL (Sub‑area 5) Sector, being commercial fishing for tuna in Sub‑area 5 by the pelagic longlining method; or
(h) the PLL (Sub‑area 6) Sector, being commercial fishing for tuna in Sub‑area 6 by the pelagic longlining method; or
(i) the PLL (Sub‑area 7) Sector, being commercial fishing for tuna in Sub‑area 7 by the pelagic longlining method; or
(j) the PLL (Sub‑area 8) Sector, being commercial fishing for tuna in Sub‑area 8 by the pelagic longlining method; or
(k) the PLL (Sub‑area 9) Sector, being commercial fishing for tuna in Sub‑area 9 by the pelagic longlining method; or
(ka) the PLL (Sub‑area 10) Sector, being commercial fishing for tuna in Sub‑area 10 by the pelagic longlining method.
(2) In subregulation (1), a reference to a Sub‑area by number
is a reference to the Sub‑area of that number described in Division 2 of Part 3 of Schedule 1A.
(3)In this regulation,
tuna means:
(a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish) except:
(i) fish of the genera
Scomberomorus ,Scomber ,Acanthocybium ,Grammatorcynus andRastrelliger , commonly known as mackerels; and(ii) Southern Bluefin Tuna (
Thunnus maccoyii (Castelnau)) and Northern Bluefin Tuna (Thunnus thynnus ); and(b) fish of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) fish of the family Bramidae (commonly known as pomfrets or rays bream).
(1) For section 14 of the Act, this regulation sets out requirements relating to boats used by persons engaged in fishing in the AFZ.
(2) A person commits an offence if:
(a) the person uses a boat to engage in a fishing‑related activity in the AFZ; and
(b) the boat is more than 130 metres in length.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .
(1) For subsection 28(1) of the Act, if a grant of a fishing right is to be made by auction, AFMA may set a reserve price for the grant before the day on which the auction is to be held.
(2) If the person who made the highest bid at the auction is unable to pay the charge applicable in relation to the grant, AFMA must offer the grant to the person who made the second‑highest bid.
(3) If the person who made the second‑highest bid at the auction is unable to pay the charge applicable in relation to the grant, AFMA must offer the grant at a new auction.
(1) For paragraph 168(2)(c) of the Act, if a grant of a fishing right is to be made by ballot:
(a) the Minister must appoint a person as his or her representative; and
(b) the procedures set out in subregulation (2) are prescribed to select the person to whom the grant will be made.
(2) The procedures are as follows:
(a) AFMA must write the name of each eligible person on a separate piece of paper (the
ballot paper ) that is the same size as the other ballot papers;(b) AFMA must ensure that the representative is present when the ballot is conducted;
(c) AFMA must show the ballot papers to all persons who are present before the ballot is conducted;
(d) AFMA must place the ballot papers in a container within which the papers cannot become snagged or trapped;
(e) AFMA must shake or turn the container to mix the ballot papers;
(f) the representative must draw 1 ballot paper at a time from the container until it is empty;
(g) AFMA must record the names of the eligible persons in the order in which the names were drawn.
For sections 28 and 168 of the Act, this Division sets out the procedures to be followed for selecting, by a tender process, the persons to whom a grant of a fishing right will be made available under section 29 of the Act.
Note: The conditions of tender may stipulate that fishing rights are available only in ‘bundles’ of a specified number.
In this Division:
precedence list has the meaning given in paragraph 28(d) of the Act.
reserve price means the minimum bid amount that will be accepted as a tender.
tender manager , in relation to a tender process, means:
(a) if AFMA appoints an independent tender manager under paragraph 8A(a)—that independent tender manager; or
(b) if AFMA does not make an appointment under paragraph 8A(a)—AFMA.
If a grant of fishing rights is to be made by tender:
(a) AFMA may manage the tender process itself or may appoint an independent tender manager to manage the process on AFMA’s behalf; and
(b) AFMA may appoint a probity auditor to oversee the tender process.
If a person has applied for registration under subsection 26(1) of the Act:
(a) the application must be sealed in an opaque envelope on which is written the word ‘registration’ (
registration envelope ); and(b) the registration envelope and the envelope referred to in paragraph 27(3)(b) of the Act (the
tender envelope ) must be submitted together enclosed in a sealed opaque envelope (outer envelope ).Note: See also subsections 27(2) and (3) of the Act in relation to what must accompany a tender, and how a tender is to be submitted.
(1) As soon as practicable after the closing date for tenders, the tender manager is to open each outer envelope.
(2) The tender manager must ensure, if AFMA has appointed a probity auditor for the tender process, that the auditor and the tender manager are present at the opening of the outer envelopes.
(3) The following procedure must then be carried out:
(a) for each outer envelope, the tender manager is to open the registration envelope inside it and record:
(i) the name of the person who submitted the enclosed registration application; and
(ii) whether a sealed tender envelope was submitted with the application; and
(iii) whether any other conditions of the tender in relation to the contents of, or markings on, the outer envelope have been complied with;
(b) the tender manager must not open any tender envelope, but is to nominate a place where the sealed tender envelopes will be kept until they are opened under regulation 8F;
(c) the tender manager is to keep the original registration applications and, if the tender manager is not AFMA, give the applications to AFMA;
(d) AFMA:
(i) is to assess the registration applications, under section 26 of the Act, to determine each applicant’s eligibility for the grant of fishing rights in accordance with the conditions for registration in the Act and the plan of management for the fishery concerned; and
(ii) if the tender manager is not AFMA—is then to give the tender manager a list of the eligible persons.
If:
(a) the fishery in which fishing rights are to be allocated is divided into sectors; and
(b) fishing rights in 2 or more sectors of the fishery are to be allocated by 1 tender process;
the tender manager is to carry out the ranking procedure set out in this Subdivision for each of those sectors.
If AFMA sets a reserve price, AFMA must, before the closing time for tenders, give a written statement of the reserve price in a sealed envelope (the
reserve price envelope ) to the tender manager.
The procedure for recording and ranking tenders is as follows:
(a) the tender manager is to open the tender envelope for each registered person;
(b) the tender manager is to record, for each registered person:
(i) the person’s name; and
(ii) the amount bid by the person per fishing right; and
(iii) whether the person’s bid is invalid and, if it is, the reason why it is invalid (see paragraph (c) and regulation 8G for how invalid bids are dealt with); and
(iv) any other information required by the conditions of tender;
(c) unless the bid is invalid, the tender manager is to rank the tenders submitted by registered persons according to the amount bid per fishing right;
(d) if 2 or more tenderers bid the same amount per fishing right, they are to be ranked equally;
(e) if AFMA has set a reserve price, the tender manager is then to open the reserve price envelope and record, for each tender, whether the amount bid is less than, equal to or higher than the reserve price (see regulation 8G for how bids that do not meet the reserve price are dealt with);
(f) if the conditions of tender set a minimum number of fishing rights that a tenderer may acquire, the tender manager is then to record, for each tender, whether the minimum number that the tenderer will accept is equal to or more than the minimum number set by the conditions;
(g) if the conditions of tender set a maximum number of fishing rights that a tenderer may acquire, the tender manager is then to record, for each tender, whether the maximum number that the tenderer will accept is equal to or less than the maximum number set by the conditions;
(h) subject to regulation 8G, the tender manager is to prepare a precedence list setting out for each registered person who tendered:
(i) the person’s name and contact details; and
(ii) the amount bid per fishing right; and
(iii) if the conditions of tender allow a tenderer to specify the maximum number of fishing rights that the tenderer is prepared to acquire, or the minimum number of fishing rights that the tenderer will accept, at the amount bid—those maximum and minimum numbers;
(i) if the conditions of tender allow a tenderer to acquire less than all of the available fishing rights—the precedence list must also set out the matters provided for in regulation 8H;
(j) the tender manager is then to give AFMA a report incorporating the precedence list.
(1) If:
(a) a registered person has tendered; and
(b) either the bid is less than the reserve price or is invalid;
then the person is not to be recorded on the precedence list.
Note: A grant of a fishing right is made to persons on the precedence list only—see section 29 of the Act.
(2) For a person who, under subregulation (1), is not recorded on the precedence list, the tender manager must record:
(a) the person’s name; and
(b) the reason why the person is not recorded on the precedence list.
(1) For paragraph 8F(i), the precedence list must also set out the number of fishing rights to which each tenderer is entitled, determined as set out in subregulations (3), (4), (5), (6) and (7).
(2) Subregulation (1) applies whether or not the conditions of tender also allow a tenderer to specify, at the amount tendered per fishing right:
(a) the maximum number of fishing rights that the tenderer is prepared to acquire; or
(b) the minimum number of fishing rights that the tenderer will accept.
(3) For each tender, if the highest‑ranked tenderer has tendered
for less than all the available fishing rights, the next‑highest‑ranked tenderer is entitled to the lesser of:
(a) the remaining number of fishing rights; and
(b) the number of fishing rights that that tenderer has tendered for;
and so on.
(4) If:
(a) a tenderer nominates a minimum number of fishing rights that the tenderer will accept for an amount bid; and
(b) that number is greater than the number of fishing rights remaining after deducting the entitlements of all higher‑ranked tenderers from the total number of fishing rights offered;
the tenderer is not to be entitled to those fishing rights, even if the amount bid per fishing right is higher than that of the next‑highest‑ranked tenderer.
(5) If a tenderer does not nominate a minimum number of fishing rights that the tenderer will accept for an amount bid, the tenderer is taken to have nominated, as the minimum number at that amount:
(a) 1 fishing right; or
(b) if AFMA has set a minimum number of fishing rights that a person may accept—that number.
(6) If 2 or more tenderers are equally ranked, their respective entitlements to fishing rights are to be proportional to the maximum number of fishing rights that each is prepared to accept at the amount bid.
(7) However, a tender is to be disregarded if the granting of entitlements in accordance with subregulation (6) would lead to the tenderer being granted less than any minimum number of fishing rights that:
(a) the tenderer would accept; or
(b) the conditions of tender specify as the minimum that a tenderer may acquire.
(1) This regulation is made for the purposes of paragraphs 32A(4)(d) and 46(4D)(d) of the Act and prescribes circumstances that relate to the following fishing concessions:
(a) a fishing permit;
(b) a fishing right.
(2) A transfer of a fishing concession (or ownership of a fishing concession) must not be registered if:
(a) AFMA has received a notification in the approved form for the purposes of this regulation; and
(b) the notification was made by the concession holder, other than a lessee of the fishing concession; and
(c) the notification is expressed as having the effect of placing a caveat on a transfer of the fishing concession for the benefit of another person; and
(d) either:
(i) the caveat has not been withdrawn by the person for whose benefit the caveat exists by further notification given to AFMA in the approved form; or
(ii) the transfer is not being made with the consent of that person given to AFMA in the approved form; and
(e) subregulation (3) does not apply.
(3) This subregulation applies if AFMA is satisfied, on the application of the concession holder who made the notification, that the transfer should be registered on account of an order made by a court.
Note: Sections 54 and 57K of the Act provide for applications to be made to a prescribed court for an order for the rectification of a register that is relevant to the operation of this regulation.
(4) Nothing in this regulation requires AFMA to be satisfied as to the accuracy or validity of any information or matter that is notified under this regulation.
For the purposes of paragraph 39(1)(c) of the Act, the prescribed period is 21 days.
Note: The effect of paragraph 39(1)(c) of the Act is that if a person who holds a fishing concession does not pay, or arrange to pay, any fee, levy, charge or other money relating to the concession within the prescribed period after the time at which it becomes due, AFMA may cancel the concession.
In this Part:
observer means a person approved by AFMA to carry out the functions of an observer.
trip means:
(a) for the Heard Island and McDonald Islands Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(b) for the Macquarie Island Toothfish Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(c) for the high seas—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(d) in any other case—a voyage in a boat to Australia or from Australia for the purpose of exercising a right under a fishing concession.
For section 42B of the Act, this Division prescribes conditions that apply to certain fishing concessions.
Fishing permits
(1) A boat must not be used on a trip for the purpose of exercising a right under a fishing permit unless:
(a) the boat is:
(i) specified in the permit; or
(ii) nominated to the permit under subsection 32(1A) or (1B) of the Act and in accordance with regulation 9B; and
(b) the boat meets the requirements mentioned in subparagraph 9B(3)(f)(i) and the safety standards mentioned in subparagraph 9B(3)(f)(ii).
Statutory fishing rights
(2) A boat must not be used on a trip for the purpose of exercising a right under a statutory fishing right mentioned in subregulation (3) unless:
(a) the boat is nominated to the statutory fishing right in accordance with regulation 9B; and
(b) the boat meets the requirements mentioned in subparagraph 9B(3)(f)(i) and the safety standards mentioned in subparagraph 9B(3)(f)(ii).
Note: It is not necessary to nominate a boat to a quota statutory fishing right granted under any of the following:
(a) the
Eastern Tuna and Billfish Fishery Management Plan 2010 ;(b) the
Southern and Eastern Scalefish and Shark Fishery Management Plan 2003 ;(c) the
Western Tuna and Billfish Fishery Management Plan 2005 .These quota statutory fishing rights are not designated quota statutory fishing rights.
(3) For subregulation (2), the fishing concessions are the following:
(a) a boat statutory fishing right;
(b) a gear statutory fishing right;
(c) a designated quota statutory fishing right.
(1) The holder of a fishing concession that is:
(a) a boat statutory fishing right; or
(b) a gear statutory fishing right; or
(c) a fishing permit;
may nominate a single boat to the fishing concession.
Note: See also subsections 32(1A) and (1B) of the Act in relation to the nomination of a boat for the purposes of a fishing permit.
(2) The holder of a fishing concession that is a designated quota statutory fishing right granted under a particular management plan may nominate one or more boats to all the designated quota statutory fishing rights held by that holder under that management plan.
(3) The holder of a fishing concession may nominate a boat to a fishing concession under subregulation (1) or (2) only if:
(a) the owner of the boat has consented to its nomination; and
(b) the boat has not been nominated by another person for another fishing concession; and
(c) for a fishing concession that is not a designated quota statutory fishing right—another boat has not been nominated to the fishing concession; and
(d) the boat is able to carry safely an observer, the observer’s safety equipment and the observer’s monitoring equipment for the duration of a trip; and
(e) the boat has a vessel monitoring system that is capable of being operational at all times; and
(f) the boat meets:
(i) any requirements of the Act and these Regulations that apply to the boat; and
(ii) any safety standards required by AFMA.
(4) The nomination of a boat to a fishing concession:
(a) must be made using the approved form, and must be lodged with AFMA; and
(b) takes effect on:
(i) the day on which AFMA enters the name of the boat on the register or record applicable to the fishing concession; or
(ii) a later day specified in the nomination.
(5) The holder of a fishing concession may nominate another boat to a fishing concession (the
other boat ), to replace a nominated boat for that fishing concession, if:
(a) the fishing concession is not suspended under section 38 of the Act; and
(b) the requirements of subregulation (3) are met for the other boat.
Note: For the nomination of another boat under a fishing permit, see also paragraph 32(1A)(b) and subsection 32(1B) of the Act.
(6) A nomination of another boat to a fishing concession under subregulation (5):
(a) must be made using the approved form, and must be lodged with AFMA; and
(b) takes effect on:
(i) the day on which AFMA enters the name of the other boat on the register or record applicable to the fishing concession; or
(ii) a later day specified in the new nomination.
(1) The holder of a fishing concession may revoke a nomination of a boat to the fishing concession.
(2) A revocation of a nomination of a boat:
(a) must be made using the approved from, and must be lodged with AFMA; and
(b) takes effect on:
(i) the day on which AFMA removes the name of the boat on the register or record applicable to the fishing concession; or
(ii) a later day specified in the revocation.
For section 42B of the Act, this Division sets out conditions that apply to fishing concessions.
(1) A concession holder must ensure that the vessel monitoring system on a nominated boat is operational at all times.
(2) If the vessel monitoring system stops operating, the concession holder must ensure that AFMA is informed as soon as practicable after the concession holder becomes aware that the VMS has stopped operating.
For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.
(1) If AFMA directs a concession holder to carry an observer on a nominated boat, the concession holder must ensure that:
(a) an observer; and
(b) the observer’s safety equipment; and
(c) the observer’s monitoring equipment;
are on board the boat when the boat commences the trip to which the direction applies.
(2) The concession holder must ensure that the observer is provided with adequate food and accommodation while the observer is on board the boat during a trip.
(3) The concession holder must ensure that the observer is carried safely on the boat.
(1) If an observer is on board a nominated boat during a trip, the concession holder must ensure that the observer:
(a) is given assistance by the concession holder, the master of the boat and crew members of the boat; and
(b) is given access to all parts of the boat;
to the extent reasonably necessary to permit the performance of the functions of the observer.
(2) The concession holder must not interfere with, or obstruct, the observer in the course of collecting data or samples.
(3) The concession holder must ensure that:
(a) the master of the boat; and
(b) crew members of the boat;
do not interfere with, or obstruct, the observer in the course of collecting data or samples.
For section 42B of the Act, this Division sets out conditions that apply to fishing concessions.
(1) This regulation applies if AFMA has declared a fishery, under subsection 91(1) of the Act, to be a fishery to which Division 2 of Part 6 of the Act applies.
(2) A concession holder for the fishery must ensure that fish taken and retained under the fishing concession are disposed of only to a holder of a fish receiver permit.
In this Division:
northern waters means the area described in Part 1 of Schedule 5.
tuna means fish:
(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera
Scomberomorus ,Scomber ,Acanthocybium ,Grammatorcynus andRastrelliger (commonly known as mackerel); and(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
For this Division, a fish that is on a boat at the end of a trip is to be treated as having been taken during the trip.
(1) For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for taking tuna in northern waters;
(b) a fishing permit that authorises the use of a boat for taking tuna in northern waters;
(c) a statutory fishing right that includes the right to take tuna in northern waters.
(2) The concession holder may take fish of a species mentioned in Part 2 of Schedule 5 from northern waters.
(3) For a species mentioned in Division 1 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 2 fish of the species.
(4) For a species mentioned in Division 2 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 10 fish of the species.
(5) For a species mentioned in Division 3 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 20 fish of the species.
Note: There are no limits on taking a species mentioned in Division 4 of Part 2 of Schedule 5.
In this Division:
crustacean means any species of the phylum Crustacea.
finfish means fish of the class Osteichthyes.
giant crab includes a king crab.
mollusc means any invertebrate of the phylum Mollusca.
possess , in relation to fish on a nominated boat, includes control.
trawling includes board trawling, midwater or pelagic trawling and Danish seining.
tuna means fish:
(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera
Scomberomorus ,Scomber ,Acanthocybium ,Grammatorcynus andRastrelliger (commonly known as mackerel); and(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
Victorian waters means the area described in Division 1 of Part 1 of Schedule 6.
(1) For this Division, the weight of a fish is taken to be the weight of the whole fish before it has undergone any preparation.
(2) For this Division, if a concession holder lands fish at a place on or within the coastline of Victoria, the concession holder is to be treated as having taken the fish in Victorian waters.
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing in Victorian waters;
(b) a fishing permit that authorises the use of a boat for taking fish in Victorian waters;
(c) a statutory fishing right that includes the right to take fish in Victorian waters.
(1) The concession holder must not take any:
(a) school prawns (
Metapenaeus macleayi ); or(b) eastern king prawns (
Penaeus plebejus );from Victorian waters.
(2) The concession holder may take any other species of crustaceans from Victorian waters.
(3) For species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 50 kilograms of the crustaceans; and
(b) more than 5 giant crabs (
Pseudocarcinus gigas ); and(c) more than 10 kilograms of inshore (or bay) bugs (family Scyllaridae).
Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
(1) The concession holder may take any species of molluscs from Victorian waters.
(2) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of molluscs.
Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
(1) A concession holder that is using a fishing method other than trawling:
(a) must not take finfish of a species mentioned in Subdivision 1 of Division 1 of Part 4 of Schedule 6 from Victorian waters; and
(b) may take any other species of finfish from Victorian waters.
(2) For species of finfish that are mentioned in Subdivision 2 of Division 1 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 200 kilograms of finfish; and
(b) more than 10 yellowtail kingfish (
Seriola lalandi ); and(c) more than 20 kilograms of striped trumpeter (
Latris lineata ); and(d) more than 50 kilograms of snapper (
Pagrus auratus ).
In this Division:
crustacean means any species of the phylum Crustacea.
finfish means fish of the class Osteichthyes.
giant crab includes a king crab.
mollusc means any invertebrate of the phylum Mollusca.
possess , in relation to fish on the nominated boat, includes control.
South Australian waters means the area described in Division 2 of Part 1 of Schedule 6.
trawling includes board trawling, midwater or pelagic trawling and Danish seining.
For this Division, if a concession holder lands fish at a place on or within the coastline of South Australia, the concession holder is to be treated as having taken the fish in South Australian waters.
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing in South Australian waters;
(b) a fishing permit that authorises the use of a boat for taking fish in South Australian waters;
(c) a statutory fishing right that includes the right to take fish in South Australian waters.
(1) The concession holder:
(a) must not take any species of prawns, other than a species mentioned in Division 1 of Part 2 of Schedule 6, from South Australian waters; and
(b) must not take more than 5 king crabs (
Pseudocarcinus gigas ) from South Australian waters.(2) The concession holder may take any other species of crustaceans from South Australian waters.
(3) For bay bugs (family Scyllaridae), the concession holder must not possess on the nominated boat more than 200 kilograms of bay bugs.
(4) For other species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of crustaceans.
Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
(1) A concession holder may take any species of molluscs from South Australian waters.
(2) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 500 kilograms of molluscs; and
(b) more than 50 kilograms of specimen shells or shellfish (class Gastropoda).
Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
(1) The concession holder must not take any species of finfish mentioned in Subdivision 1 of Division 2 of Part 4 of Schedule 6 from South Australian waters.
(2) The holder must not take more than a total of 200 kilograms of finfish of 1 or more species mentioned in Subdivision 2, 3 or 4 of Division 2 of Part 4 of Schedule 6 from South Australian waters by trawling.
(3) The holder must not take more than a total of 200 kilograms of finfish of 1 or more species mentioned in Subdivision 2, 3, 4 or 5 of Division 2 of Part 4 of Schedule 6 from South Australian waters by a method other than trawling.
(4) The holder must not take from South Australian waters more than:
(a) 20 kilograms of finfish of the species mentioned in Subdivision 2 of Division 2 of Part 4 of Schedule 6; and
(b) 50 kilograms of finfish of the species mentioned in Subdivision 3 of Division 2 of Part 4 of Schedule 6; and
(c) 10 yellowtail kingfish (
Seriola lalandi ); and(d) 100 kilograms of mulloway (
Argyrosomus hololepidotus ).
In this Division:
crustacean means any species of the phylum Crustacea.
finfish means fish of the class Osteichthyes.
giant crab includes a king crab.
mollusc means any invertebrate of the phylum Mollusca.
possess , in relation to fish on the nominated boat, includes control.
For this Division, if a concession holder lands fish at a place on or within the coastline of Tasmania, the concession holder is to be treated as having taken the fish in Tasmanian waters.
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing in Tasmanian waters;
(b) a fishing permit that authorises the use of a boat for taking fish in Tasmanian waters;
(c) a statutory fishing right that includes the right to take fish in Tasmanian waters.
(1) The concession holder must not take any species of prawns, other than a species mentioned in Division 1 of Part 2 of Schedule 6, from Tasmanian waters.
(2) The concession holder may take any other species of crustaceans from Tasmanian waters.
(3) For species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 50 kilograms of crustaceans; and
(b) more than 5 giant crabs (
Pseudocarcinus gigas ).Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
(1) The concession holder must not take limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea and Siphonariacea) from Tasmanian waters.
(2) A concession holder may take any other species of molluscs from Tasmanian waters.
(3) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 500 kilograms of molluscs; and
(b) more than 50 kilograms of specimen shells or shellfish (class Gastropoda).
Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
(1) The concession holder must not take any species of finfish mentioned in Subdivision 1 of Division 3 of Part 4 of Schedule 6 from Tasmanian waters.
(2) For the species of finfish mentioned in Subdivision 2 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 20 kilograms of finfish of the species.
(3) For the species of finfish mentioned in Subdivision 3 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of finfish of the species.
(4) For the species of finfish mentioned in Subdivision 4 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 250 kilograms of finfish of the species.
The concession holder must not take any fish of a species mentioned in Part 5 of Schedule 6 from the coastal waters of Tasmania.
Note: See section 5 of the Act about the meaning of
coastal waters .
In this Division:
crustacean means any species of the phylum Crustacea other than a prawn.
finfish means fish of the class Osteichthyes.
giant crab includes a king crab.
mollusc means any invertebrate of the phylum Mollusca other than a prawn.
possess , in relation to fish on the nominated boat, includes control.
prawn means:
(a) a decapod crustacea of:
(i) the families Aristeidae, Nephropidae (commonly known as scampi), Penaeidae, Scyllaridae (commonly known as bugs) and Solenoceridae (commonly known as prawns); or
(ii) the infraorder Caridae (commonly known as shrimp); and
(b) a mollusca of the family Pectinidae (commonly known as scallops).
prawn fishery waters means the area described in Part 1 of Schedule 7.
tuna and tuna‑like fish means fish of:
(a) the family Scombridae excluding
Thunnus tonggo (commonly kown as longtail tuna), and fish of the generaScomberomorus ,Scomber ,Acanthocybium ,Grammatorcynus andRastrelliger (commonly known as mackerel); or(b) the families Istiophoridae and Xiphiidae (commonly known as billfish); or
(c) the family Bramidae (commonly known as pomfrets or rays bream).
(1) For this Division, the weight of a fish is taken to be the weight of the whole fish before it has undergone any preparation.
(2) For this Division, if a fish has been processed, the whole weight equivalent of the fish is to be worked out using 1 of the following methods:
(a) multiply the weight of the gilled and gutted fish by 1.1 and express the result in kilograms;
(b) multiply the weight of the fillets from the fish by 2.6 and express the result in kilograms;
(c) multiply the weight of the headed and gutted fish by 1.4 and express the result in kilograms.
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing for prawns in prawn fishery waters;
(b) a fishing permit that authorises the use of a boat for taking prawns in prawn fishery waters;
(c) a statutory fishing right that includes the right to take prawns in prawn fishery waters.
(1) The concession holder may take any other species of crustaceans from prawn fishery waters.
(2) For species of crustaceans that are mentioned in Part 2 of Schedule 7, the concession holder must not possess on the nominated boat:
(a) more than 6 crustaceans of a species mentioned in Division 1 of that Part; and
(b) more than 10 crustaceans of a species mentioned in Division 2 of that Part.
The concession holder must not take a species of molluscs mentioned in Division 1 of Part 3 of Schedule 7 from prawn fishery waters.
(1) The concession holder must not take tuna and tuna‑like fish from prawn fishery waters.
(2) The concession holder must not take any species of finfish mentioned in Division 1 of Part 4 of Schedule 7 from prawn fishery waters.
(3) For the species of finfish mentioned in Division 2 of Part 4 of Schedule 7, the concession holder must not possess on the nominated boat a total of more than 10 finfish.
(4) For a species of finfish mentioned in Division 3 of Part 4 of Schedule 7:
(a) if a trip ends in March, April, May or June, the concession holder must not possess on the nominated boat more than 500 kilograms of finfish of the species; and
(b) if a trip ends in any other month, the concession holder must not possess on the nominated boat more than 55 kilograms of finfish of the species.
The holder must not take any fish of a species mentioned in Part 5 of Schedule 7 from prawn fishery waters.
In this Division:
tuna means fish:
(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera
Scomberomorus ,Scomber ,Acanthocybium ,Grammatorcynus andRastrelliger (commonly known as mackerel); and(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.
If a fish of a species mentioned in an item of the table is taken and retained during a trip, the concession holder must ensure that the way in which the fish is processed complies with the requirements mentioned in the item before the fish is disposed of in accordance with regulation 9I.
1 | Tuna other than northern bluefin tuna or billfish | The caudal keel must not be removed from the carcass before the fish is landed and received by a fish receiver permit holder |
2 | Billfish other than broadbill swordfish ( | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the caudal keel; (b) a dorsal, pectoral or anal fin |
3 | Sharks of the class Chondricthyes other than the following:
(b) rays; (c) skates; (d) spurdogs (genus Squalus) | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the caudal lobe; (b) a dorsal, pectoral or caudal fin |
4 | Angel sharks (family Squantinidae) | No dorsal or caudal fin may be removed from the carcass before the fish is landed and received by a fish receiver permit holder |
5 | Dogfish (family Squalidae) | No dorsal or caudal fin may be removed from the carcass before the fish is landed and received by a fish receiver permit holder |
6 | Rays | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the skin; (b) a fillet |
7 | Skates | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the skin; (b) a fillet |
8 | Banjo shark (Trygonorrhina sp.) | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the skin; (b) a fillet; (c) a pectoral fin; (d) the tail |
9 | Elephant fish (families Callorhinchidae, Chimaeridae and Rhinochimaeridae) | Neither of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder: (a) the second dorsal fin; (b) the tail |
(1) If a shark is:
(a) taken during a trip; and
(b) processed during the trip by the removal of its liver;
the concession holder must ensure that the shark’s carcass is retained for as long as the liver is retained on the trip.
(2) If the carcass is retained until the shark is disposed of in accordance with regulation 9I, the concession holder must ensure that the liver is disposed of:
(a) at the same time; and
(b) to the same holder of a fish receiver permit.
In this Division:
interaction means physical contact that:
(a) occurs between an organism and 1 or more of the following:
(i) an individual other than an observer;
(ii) a nominated boat;
(iii) any object on board, or attached to, the nominated boat, other than equipment that is being used by an observer;
(iv) the nominated boat’s equipment; and
(b) is of a kind that could cause the organism to be distressed.
protected community means a listed threatened ecological community within the meaning of theEnvironment Protection and Biodiversity Conservation Act 1999 .
protected species means:
(a) a listed threatened species within the meaning of the
Environment Protection and Biodiversity Conservation Act 1999 (other than a conservation dependent species within the meaning of that Act); or(b) a listed marine species within the meaning of the
Environment Protection and Biodiversity Conservation Act 1999 ; or(c) a listed migratory species within the meaning of the
Environment Protection and Biodiversity Conservation Act 1999 ; or(d) a species of cetacean.
For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.
The concession holder must ensure that, as far as practicable, there is no interaction during a trip with an organism that is:
(a) part of a protected community; or
(b) a protected species.
(1) This regulation applies if there is an interaction during a trip with an organism that is:
(a) part of a protected community; or
(b) a protected species.
(2) The concession holder must ensure that the interaction is recorded in a logbook kept on the nominated boat for the purpose of reporting interactions.
(3) If an observer is on board the nominated boat, the concession holder must also ensure that the interaction is reported to the observer as soon as practicable.
(4) If:
(a) the interaction results in the death of the organism; and
(b) it is necessary to discharge the organism’s carcass;
the concession holder must ensure that the carcass is discharged from the boat in a way that does not attract birds or mammals to the boat.
(1) This regulation applies if, during a trip:
(a) there is an interaction with an organism that is:
(i) part of a protected community; or
(ii) a protected species; and
(b) the interaction injures the organism.
(2) The concession holder must ensure that the organism is given as much assistance as is practicable.
(3) If an observer is on board the nominated boat, the concession holder must ensure that the injury is reported to the observer as soon as practicable.
Note: The concession holder may have an additional obligation to record the injury in a logbook kept in accordance with a determination made under section 42 of the Act.
(1) This regulation applies if, during a trip:
(a) there is an interaction with an organism that is:
(i) part of a protected community; or
(ii) a protected species; and
(b) the interaction kills the organism; and
(c) an observer is on board the nominated boat.
(2) The concession holder must ensure that the death is reported to the observer as soon as practicable.
Note: The concession holder may have an additional obligation to record the death in a logbook kept in accordance with a determination made under section 42 of the Act.
In this Part:
processed form ,processed form A andprocessed form B have, respectively, the meaning given in subregulation 2(1) of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.
(1) For subsection 92(2) of the Act, a fish receiver permit holder must make a record in respect of fish received by the permit holder.
(2) The record must be in writing and include the information set out in regulations 10AB and 10AC.
(3) The permit holder must keep the record for at least 5 years:
(a) if the permit specifies premises at which fish received under the permit by the holder are to be kept while in the possession of the holder—at those premises; or
(b) in any other case—at the holder’s business or residential premises.
(1) A record of fish received must include the following details:
(a) the full name and address of the fish receiver permit holder;
(b) the full name and address of the person from whom the fish were received;
(c) the name of the boat that was used to take the fish;
(d) the name and amount (by weight) of each species of fish;
(e) the type (if any) of processing to which the fish were subjected before being received;
(f) the date on which the fish were received;
(g) the full name, office (if any) and signature of the person making the record.
(2) The record must also include:
(a) the number (if any) of Southern Bluefin Tuna received; and
(b) for each Southern Bluefin Tuna received in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B.
(3) In addition, the record must include the number (if any) of fish received that are of any of the following kinds:
(a) yellowfin tuna (
Thunnus albacares );(b) bigeye tuna (
Thunnus obesus );(c) longtail tuna (
Thunnus tonggol );(d) albacore tuna (
Thunnus alalunga );(e) black marlin (
Makaira indica );(f) blue marlin (
Makaira nigricans );(g) striped marlin (
Tetrapturus audax );(h) broadbill swordfish (
Xiphias gladius );(i) fish of the family Bramidae (commonly known as pomfrets or rays bream).
(1) A record of fish disposed of (except for private or domestic use) must include the following details:
(a) the full name and address of the fish receiver permit holder;
(b) the full name and address of the person to whom the permit holder disposed of the fish;
(c) the name and amount (by weight) of each species of fish;
(d) the type (if any) of processing to which the fish were subjected before their disposal;
(e) the date on which the fish were disposed of;
(f) the full name, office (if any) and signature of the person making the record.
(2) The record must also include:
(a) the number (if any) of Southern Bluefin Tuna disposed of; and
(b) for each Southern Bluefin Tuna disposed of in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B.
(3) In addition, the record must include the number (if any) of fish disposed of that are of any of the following kinds:
(a) yellowfin tuna (
Thunnus albacares );(b) bigeye tuna (
Thunnus obesus );(c) longtail tuna (
Thunnus tonggol );(d) albacore tuna (
Thunnus alalunga );(e) black marlin (
Makaira indica );(f) blue marlin (
Makaira nigricans );(g) striped marlin (
Tetrapturus audax );(h) broadbill swordfish (
Xiphias gladius );(i) fish of the family Bramidae (commonly known as pomfrets or rays bream).
(4) A record of fish disposed of for private or domestic use must include the following details:
(a) the full name and address of the permit holder;
(b) a declaration that the fish were disposed of for private or domestic use;
(c) the name and amount (by weight) of each species of fish;
(d) the type (if any) of processing to which the fish were subjected before their disposal;
(e) the month in which the fish were disposed of;
(f) the full name, office (if any) and signature of the person making the record.
(1) In this regulation:
AFMA tag means a tag stamped with the letters “AFMA” that is required to be attached to a bag of scallops under a condition of a fishing permit that authorises the use of a boat for fishing for scallops.
scallops means bivalve molluscs of the family Pectinidae.(2)For subsection 92(2) of the Act, a fish receiver permit holder who receives scallops must:
(a) remove the AFMA tag attached to each bag of scallops received; and
(b) keep the tag for at least 1 year at the premises where the holder keeps the record of scallops received.
A person who takes fish in a declared fishery is taken to receive fish within the meaning of subsection 97(1) of the Act if the person:
(a) after landing the fish, processes the fish (except for the person’s private or domestic use); or
(b) uses the fish for the purpose of aquaculture or mariculture.
For the purposes of section 97 of the Act, a person who transports fish from a person engaged in fishing in a declared fishery to a fish receiver permit holder is taken to be the agent of the holder.
(1) For the purposes of paragraph 101(1)(c) of the Act, the master of a foreign boat may apply to AFMA to approve the boat’s being at a place in the AFZ:
(a) if the boat is at sea at the time the approval is requested—by sending the application by radio through a coast radio station; or
(b) in any other case—by sending the application to AFMA.
(2) The application must contain whichever of the following reference letters are relevant to the category of the boat:
1 | Outside the AFZ | Any area | An authorised area | AFZE |
2 | An Australian port | A part of the AFZ that is not an authorised area | An authorised area | AFZT |
3 | An authorised area | Any area | Another authorised area | AFZT |
4 | Outside the AFZ | A part of the AFZ that is not an authorised area | An Australian port | AFZH |
5 | An authorised area | A part of the AFZ that is not an authorised area | An Australian port | AFZH |
6 | An authorised area | The AFZ | Outside the AFZ | AFZX |
7 | An Australian port | The AFZ | Outside the AFZ | AFZX |
(3) If the boat is in Category 1, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point at which the boat is expected to enter the AFZ;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to enter the AFZ;
(d) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(e) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(4) If the boat is in Category 2, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the name of the Australian port from which it is leaving;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to leave the port;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(5) If the boat is in Category 3, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point, in the authorised area, from which the boat will first enter a part of the AFZ that is not an authorised area;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(6) If the boat is in Category 4 or 5, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point, in the authorised area, from which the boat will first enter a part of the AFZ that is not an authorised area;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the name of the Australian port to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach the port.
(7) If the boat is in Category 6, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point, in the authorised area, at which the boat will first enter a part of the AFZ that is not an authorised area;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area at which the boat is expected to leave the AFZ;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(8) If the boat is in Category 7, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the name of the Australian port from which it is leaving;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to leave the port;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(1) If AFMA grants a statutory fishing right or a fishing permit for a boat, it must allocate an identification code to the boat.
(1A) The identification code:
(a) must be in the form of a letter or letters; and
(b) may include a number or numbers.
(2) The boat’s identification code must be shown on the boat:
(a) above its water line; and
(b) on each bow; and
(c) in a reasonably legible form; and
(d) in paint that contrasts with the colour of the bow; and
(e) in letters and figures at least 300 millimetres in depth.
(3) If:
(a) the boat is being used in accordance with the right or permit; and
(b) the boat does not display its identification code in accordance with subregulation (2);
the master and the owner of the boat are each guilty of an offence.
Penalty: 15 penalty units.
(3A) It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the
Criminal Code .(4) If:
(a) the right or permit ceases to apply in relation to the boat; and
(b) the boat’s identification code is not removed or obliterated as soon as practicable;
the master and the owner of the boat are guilty of an offence.
Penalty: 15 penalty units.
(5) If:
(a) the boat is being used in accordance with the right or permit; and
(b) the boat’s bow shows a letter or letters and a number that are not:
(i) the boat’s name or identification code; or
(ii) an identification marking allocated to the boat under a law of a State or Territory;
the master and the owner of the boat are each guilty of an offence.
Penalty: 15 penalty units.
(5A) It is a defence to a prosecution under subregulation (5) if the defendant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the
Criminal Code .(6) Subregulations (3) and (4) do not apply in relation to a boat that:
(a) is licensed to be used to take fish under a law of a State or Territory; and
(b) displays an identifying marking under that law.
(7) An offence under subregulation (3), (4) or (5) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) This regulation applies in relation to a foreign boat that is being used under a foreign fishing licence or a Treaty licence.
(2) For the purposes of subsection 84(1) of the Act, if a document in a foreign language is given to an officer, the officer may ask the master to give the officer a written translation of the document into English.
(3) The officer may nominate a person who is to make the translation.
(4) If the officer asks the master for a translation, the master must give the officer the translation as soon as practicable.
Penalty: 15 penalty units.
(4A) An offence under subregulation (4) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .(5) The owner of the boat is liable for the cost (if any) of the translation.
(6) For the purposes of subsection 84(1) of the Act, if an officer removes a document from the boat to make a copy of, or take an extract from, the document, the officer must:
(a) keep the document for no longer than is reasonably necessary to make the copy or take the extract; and
(b) allow the master, or a person nominated by the master, to accompany the officer while he or she has the document away from the boat.
(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s international radio call‑sign on the boat in accordance with subregulations (2) to (6).
Penalty: 25 penalty units.
(2) The call‑sign must be shown in a position or positions on the boat that makes each sign clearly visible from an aircraft or a boat.
(3) The call‑sign must be shown:
(i) by white characters on a black background; or
(ii) by black characters on a white background; or
(iii) by black characters on a background of international safety yellow.
(4) The characters must be Roman capital letters, or Arabic numerals, without ornamentation.
(5) If the boat is less than 20 metres long, the characters:
(a) must be at least 50 centimetres high; and
(b) must consist of strokes at least 6.25 centimetres wide.
(6) If the boat is at least 20 metres long, the characters:
(a) must be at least 1 metre high; and
(b) must consist of strokes at least 12.5 centimetres wide.
(7) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the
Criminal Code .(8) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s name on the boat in accordance with subregulations (2) to (4).
Penalty: 25 penalty units.
(1A) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the
Criminal Code .(2) The name must be shown:
(a) on both sides of the boat’s bow; and
(b) on the boat’s stern.
(3) The name must be shown by characters of a colour that contrasts with the colour of the characters’ background.
(4) The characters must be:
(a) Roman capital letters, or Arabic numerals, without ornamentation; and
(b) at least 45 centimetres high.
(5) An offence under subregulation (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) This regulation applies in relation to:
(a) a boat that is used in the AFZ under a fishing concession; and
(b) an Australian boat engaged in fishing outside the AFZ.
(2) AFMA may, at any time, ask the master of the boat to give it the names, dates of birth, residential addresses and positions of persons on board the boat.
(3) The master must give the information to AFMA as soon as practicable.
Penalty: 15 penalty units.
(4) AFMA must not ask the master under subregulation (2) more than once in a period of 48 hours.
(5) An offence under subregulation (3) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .
(1) This regulation applies to equipment used for fishing if:
(a) an officer finds the equipment in the AFZ; and
(b) the identity of the owner of the equipment is unknown.
(2) The officer must keep the equipment in safe custody for a period of 30 days after the day on which it was found.
(3) If the owner of the equipment has not been identified by the end of the period, AFMA must place a notice in:
(a) 1 or more newspapers circulating in the Australian port nearest to the place where the equipment was found; or
(b) if there is no newspaper circulating in the port—1 or more newspapers nominated by the Managing Director.
(4) The notice must:
(a) describe the equipment; and
(b) identify the place, or approximate place, where it was found; and
(c) state that unless the owner of the equipment is not identified within 14 days after the date of publication of the newspaper, the equipment will be sold by public auction.
(5) AFMA may attempt to sell the equipment by public auction if:
(a) the owner of the equipment is not identified at the end of 14 days after the date on which the latest of the notice is published; and
(b) the equipment is in saleable condition.
(6) For the purposes of the auction:
(a) the Commonwealth is taken to be the absolute owner of the equipment; and
(b) an officer may conduct it without holding an auctioneer’s licence under the law of the State or Territory in which the auction is held; and
(c) the proceeds of the sale of the equipment must be paid to AFMA.
(7) AFMA may direct how the equipment is to be disposed of if:
(a) it is not in saleable condition; or
(b) it is offered, but not sold, at the auction.
(8) No action lies against the Commonwealth or a person as a result of the sale or disposal of the equipment.
For subclause 6(1) of Schedule 1A to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:
(a) conducting searches;
(b) maintaining the health, safety and welfare of detainees;
(c) controlling persons by the use of empty‑hand techniques;
(d) the use of authorised officers’ powers under the
Fisheries Management Act 1991 and theTorres Strait Fisheries
Act 1984 .
For paragraph 26(1)(g) of Schedule 1A to the Act, the personal identifiers are as follows:
(a) a sample of a person’s handwriting;
(b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:
(i) the removal of any of the person’s clothing; or
(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the
Crimes Act 1914 .Note: Subsection 23WA(1) of the
Crimes Act 1914 provides thati ntimate forensic procedure means any of the following forensic procedures:(a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
(b) the taking of a sample of blood;
(c) the taking of a sample of saliva, or a sample by buccal swab;
(d) the taking of a sample of pubic hair;
(e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;
· along the coastline of South Australia at mean low water mark to the point where the line began.
The area of waters bounded by a notional line beginning at the point of latitude 40º south, longitude 140º 57.9' east and running progressively:
· south along the meridian of longitude 140º 57.9' east to its intersection with the outer limit of the AFZ;
· generally southerly, easterly and northerly along that outer limit to its intersection with the parallel of latitude 39º 12' south;
· west along that parallel to its intersection with the meridian of longitude 143º 40' east;
· south along that meridian to its intersection with the parallel of latitude 40º south;
· west along that parallel to the point where the line began;
but excluding:
(a) the area known as South West National Park, being all waters to the north and east of a notional line extending from Hilliard Head to Point Vincent; and
(b) the area known as Nine Pin Point Marine Nature Reserve, being all waters within 500 metres of Nine Pin Point; and
(c) the area known as Tinderbox Marine Nature Reserve, being the area of waters bounded by a notional line beginning at Piersons Point and running progressively:
· 200 metres due east;
· generally southerly and westerly 200 metres from and parallel to the low water mark to the point of latitude 43º 3.84' south, longitude 147º 19.13' east;
· due north to high water mark;
· generally northerly and easterly along the high water mark to the point of commencement; and
(d) the area known as Governor Island Marine Nature Reserve, being the area of waters bounded by a notional line beginning at the southernmost point of Governor Island and running progressively:
· due south for 400 metres;
· generally easterly, northerly and westerly at 600 metres from and parallel to low water mark to its intersection with the notional line of longitude that passes through the northernmost point of Governor Island.
Deepwater prawn | |
Prawn | Genus |
Red prawn | |
Royal red prawn | |
Scarlet prawn |
Carid | Family Pandalidae |
Arrow squid | |
Red ocean squid | |
Southern ocean arrow squid | |
Yellowback squid | |
Scallops | Family Pectinidae |
Australian anchovy | |
Australian salmon | Genus |
Blue sprat | |
King George whiting | |
Pilchard | |
Sprat | |
Wrasse | Family Labridae |
Barracouta | |
Leatherjackets, all species | Family Monocanthidae |
Snapper | |
Striped trumpeter | |
Yellowtail kingfish |
Australian anchovy | |
Australian salmon/Tommy ruff | Genus |
Banded morwong | |
Black bream | |
Blue sprat | |
Dusky morwong | |
Garfish | |
Grassy (rock) flathead | |
King gar | |
King George whiting | |
Luderick | |
Magpie morwong | |
Pilchard | |
Red mullet | |
Sea sweep | |
Snook | |
Sprat | |
Wrasse | Family Labridae |
Yellow eye mullet | |
Yellow‑finned whiting |
Bastard trumpeter | |
Striped trumpeter |
Blue groper | |
Snapper |
Mulloway | |
Yellowtail kingfish |
Black reef leatherjacket | |
Chinaman leatherjacket | |
Parrotfish (or knifejaw) | |
Rough leatherjacket |
Australian anchovy | |
Australian salmon/Tommy ruff | Genus |
Banded morwong | |
Black bream | |
Blue sprat | |
Dusky morwong | |
Garfish | |
Grassy (rock) flathead | |
King gar | |
King George whiting | |
Luderick | |
Magpie morwong | |
Mulloway | |
Pilchard | |
Red mullet | |
Sea sweep | |
Snook | |
Sprat | |
Wrasse | Family Labridae |
Yellow eye mullet | |
Yellow‑finned whiting |
Bastard trumpeter |
Blue groper |
Snapper | ||
Striped trumpeter | ||
Yellowtail kingfish | ||
Handfish | Family Brachionichthyidae |
Seahorses and Pipefish | Family Sygnathidae |
Three‑finned blennies | Family Tripterygiidae |
(regulations 9ZI, 9ZJ, 9ZK and 9ZL)
That part of the AFZ that is adjacent to the coastal waters from low water of Western Australia, the Northern Territory and Queensland and within the area bounded by a notional line beginning at the point of intersection of the north‑western coastline of Australia and the meridian of longitude 126° 58' east and running progressively:
· north along that meridian to the outer limit of the AFZ;
· generally easterly along that outer limit to its intersection with the meridian of longitude 141° 20' east;
· south along that meridian to its intersection with the parallel of latitude 10° 28' south;
· east along that parallel to its intersection with the meridian of longitude 142° 09' east;
· south along that meridian to its intersection with the northern coastline of Australia;
· generally westerly along that coastline to the point where the line began.
Tropical rock lobster |
Mud crab |
Pearl shell | |
Trepang | Class |
Trochus | Class |
Barramundi | |
Blue salmon | |
Jewfish | |
Queenfish | |
Spotted grunter‑bream | |
Broad barred Spanish (Grey) mackerel | |
Gold band snapper | |
Longtail tuna | |
Narrow barred Spanish mackerel | |
Sweet lips | Family Lethrinidae |
Family Serranidae |
Saddle tailed snapper | |
Red snapper | |
Red emperor |
Coral | |
Sharks, rays and skates | Subclass |
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 the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in 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 |
1992 No. 20 | 31 Jan 1992 | 3 Feb 1992 (gaz 1992, No. GN1) | |
1992 No. 455 | 24 Dec 1992 | 24 Dec 1992 | — |
1993 No. 74 | 11 May 1993 | 11 May 1993 | — |
1993 No. 118 | 10 June 1993 | 10 June 1993 | — |
1993 No. 296 | 19 Nov 1993 | 19 Nov 1993 | — |
1994 No. 77 | 30 Mar 1994 | 30 Mar 1994 | — |
1994 No. 125 | 3 May 1994 | 3 May 1994 | — |
1994 No. 419 | 21 Dec 1994 | 21 Dec 1994 | — |
1995 No. 285 | 4 Oct 1995 | 4 Oct 1995 | — |
1995 No. 360 | 30 Nov 1995 | 30 Nov 1995 | — |
1996 No. 67 | 30 May 1996 | 30 May 1996 | — |
1996 No. 317 | 20 Dec 1996 | 20 Dec 1996 | — |
1997 No. 19 | 26 Feb 1997 | 26 Feb 1997 | — |
1997 No. 95 | 1 May 1997 | r 5: 1 May 1997 Remainder: 1 May 1997 | — |
1997 No. 186 | 1 July 1997 | r 3, 4, 9 and 10: 1 July 1997 Remainder: 1 July 1997 | — |
1997 No. 278 | 1 Oct 1997 | 1 Oct 1997 | — |
1997 No. 410 | 24 Dec 1997 | 24 Dec 1997 | — |
1998 No. 24 | 5 Mar 1998 | 5 Mar 1998 | — |
1999 No. 22 | 2 Mar 1999 | 2 Mar 1999 | — |
1999 No. 98 | 17 June 1999 | 17 June 1999 | — |
1999 No. 130 | 30 June 1999 | 30 June 1999 | — |
1999 No. 285 | 2 Dec 1999 | 2 Dec 1999 | — |
2000 No. 56 | 27 Apr 2000 | 27 Apr 2000 | — |
2000 No. 92 | 1 June 2000 | 1 June 2000 | — |
2000 No. 310 | 29 Nov 2000 | 29 Nov 2000 | — |
2000 No. 337 | 14 Dec 2000 | 14 Dec 2000 | — |
2000 No. 338 | 14 Dec 2000 | 14 Dec 2000 | — |
2000 No. 339 | 14 Dec 2000 | 14 Dec 2000 | — |
2001 No. 3 | 7 Feb 2001 | 7 Feb 2001 | — |
2001 No. 22 | 23 Feb 2001 | 23 Feb 2001 | — |
2001 No. 190 | 2 Aug 2002 | 2 Aug 2002 | — |
2001 No. 302 | 15 Oct 2001 | 15 Oct 2001 | — |
2002 No. 25 | 28 Feb 2002 | 28 Feb 2002 | — |
2002 No. 27 | 7 Mar 2002 | 7 Mar 2002 | — |
2002 No. 60 | 5 Apr 2002 | 5 Apr 2002 | — |
2002 No. 157 | 3 July 2002 | 3 July 2002 | — |
2002 No. 304 | 13 Dec 2002 | 13 Dec 2002 | — |
2003 No. 9 | 27 Feb 2003 | 27 Feb 2003 | — |
2003 No. 112 | 19 June 2003 | 19 June 2003 | — |
2004 No. 70 | 30 Apr 2004 | 30 Apr 2004 | — |
2004 No. 233 | 6 Aug 2004 | 6 Aug 2004 (r 2 and gaz 2004, No. S321) | — |
2004 No. 234 | 6 Aug 2004 | 6 Aug 2004 | — |
2005 No. 19 | 25 Feb 2005 (F2005L00357) | 1 Mar 2005 | — |
2005 No. 153 | 8 July 2005 (F2005L01297) | 9 July 2005 | — |
2005 No. 294 | 16 Dec 2005 (F2005L04101) | 16 Dec 2005 | — |
2006 No. 90 | 9 May 2006 (F2006L01439 | 10 May 2006 | — |
2009 No. 90 | 11 June 2009 (F2009L02123) | 12 June 2009 | — |
2009 No. 120 | 25 June 2009 (F2009L02431) | 1 July 2009 | — |
2009 No. 185 | 3 Aug 2009 (F2009L02973) | 5 Aug 2009 | — |
2010 No. 1 | 11 Feb 2010 (F2010L00339) | 12 Feb 2010 | — |
2010 No. 270 | 28 Oct 2010 (F2010L02818) | 1 Nov 2010 | — |
2011 No. 135 | 3 Aug 2011 (F2011L01592) | 4 Aug 2011 | — |
132, 2013 | 30 June 2013 (F2012L01291) | 1 July 2013 (s 2) | — |
141, 2014 | 8 Oct 2014 (F2014L01330) | 9 Oct 2014 (s 2) | — |
42, 2015 | 20 Apr 2015 (F2015L00576) | 21 Apr 2015 (s 2) | — |
90, 2015 | 19 June 2015 (F2015L00854) | 1 July 2015 (s 2(1) item 2) | — |
203, 2015 | 27 Nov 2015 (F2015L01856) | 28 Nov 2015 (s 2(1) item 1) | — |
Biosecurity (Consequential Amendments and Transitional Provisions) Regulation 2016 | 9 May 2016 (F2016L00717) | Sch 2 (item 12) and Sch 3: 16 June 2016 (s 2(1) item 1) | Sch 3 |
Fisheries Management Amendment (Compliance and Enforcement) Regulations 2017 | 24 Mar 2017 (F2017L00295) | 25 Mar 2017 (s 2(1) item 1) | — |
Fisheries Management Amendment (Transfer of Fishing Concessions) Regulations 2019 | 25 Mar 2019 (F2019L00384) | 26 Mar 2019 (s 2(1) item 1) | — |
r 1............................................. | rs 1999 No 22 |
r 2............................................. | rep LA s 48D |
r 3............................................. | am No 455, 1992; No 285, 1995; No 317, 1996; No 19, 1997; No 22, 1999; No 9, 2003; No 90, 2006; No 90, 2009; No 1, 2010; No 135, 2011; No 141, 2014; F2017L00295 |
Part 2......................................... | rs 1998 No 24 |
r 4............................................. | am 1994 No 125; 1994 No 419 |
rs 1998 No 24 | |
am 2000 No 337 | |
r 4AA........................................ | ad 1998 No 24 |
am 1999 No 22 | |
r 4AB......................................... | ad 1998 No 24 |
am 2000 No 337 | |
r 4AC......................................... | ad 1998 No 24 |
r 4AD........................................ | ad 2000 No 337 |
Part 2A...................................... | ad 1993 No 118 |
r 4A........................................... | ad 1993 No 118 |
Part 2B heading.......................... | rs 2010 No 1 |
Part 2B....................................... | ad 1996 No 317 |
r 4B........................................... | ad 1996 No 317 |
am 1997 No 410; 1998 No 24; 1999 No 130; 1999 No 285; 2000 No 56; 2000 No 338; 2002 No 25 | |
rs 2002 No 304 | |
am 2004 No 70 | |
rs 2010 No 1 | |
r 4C........................................... | ad 1996 No 317 |
am 1997 No 186; 1997 No 278; 2004 No 70 | |
r 4CA......................................... | ad 2000 No 92 |
rep 2002 No 304 | |
r 4D........................................... | ad 1996 No 317 |
rep 2002 No 304 | |
r 4E........................................... | ad 1996 No 317 |
rep 1997 No 186 | |
Part 2C...................................... | ad No 42, 2015 |
r 4D........................................... | ad No 42, 2015 |
Division 1 heading...................... | ad 2006 No 90 |
r 5............................................. | rs 2006 No 90 |
r 6............................................. | am 1992 No 455 |
rs 2006 No 90 | |
Division 2 heading...................... | ad 2006 No 90 |
r 7............................................. | am 1992 No 455 |
rs 2006 No 90 | |
r 8............................................. | am 1992 No 455 |
rs 2006 No 90 | |
r 8A........................................... | ad 1995 No 285 |
rep 1999 No 22 | |
ad 2006 No 90 | |
r 8B........................................... | ad 2006 No 90 |
r 8C........................................... | ad 2006 No 90 |
r 8D........................................... | ad 2006 No 90 |
r 8E........................................... | ad 2006 No 90 |
r 8F............................................ | ad 2006 No 90 |
r 8G........................................... | ad 2006 No 90 |
r 8H........................................... | ad 2006 No 90 |
Division 2A................................ | ad F2019L00384 |
r 8J............................................ | ad F2019L00384 |
Division 3 heading...................... | ad 2006 No 90 |
r 9............................................. | am F2017L00295 |
Part 3A...................................... | ad 2011 No 135 |
Subdivision 1 heading.................. | rep No 141, 2014 |
r 9A........................................... | ad 2011 No 135 |
Subdivision 2 heading.................. | rep No 141, 2014 |
Division 1A................................ | ad No 141, 2014 |
r 9AA........................................ | ad No 141, 2014 |
r 9AB......................................... | ad No 141, 2014 |
r 9B........................................... | ad 2011 No 135 |
rs No 141, 2014 | |
r 9BA......................................... | ad No 141, 2014 |
r 9C........................................... | ad 2011 No 135 |
r 9D........................................... | ad 2011 No 135 |
r 9E........................................... | ad 2011 No 135 |
r 9F............................................ | ad 2011 No 135 |
r 9G........................................... | ad 2011 No 135 |
r 9H........................................... | ad 2011 No 135 |
r 9I............................................ | ad 2011 No 135 |
r 9J............................................ | ad 2011 No 135 |
r 9K........................................... | ad 2011 No 135 |
r 9L........................................... | ad 2011 No 135 |
r 9M.......................................... | ad 2011 No 135 |
r 9N........................................... | ad 2011 No 135 |
r 9O........................................... | ad 2011 No 135 |
r 9P............................................ | ad 2011 No 135 |
r 9Q........................................... | ad 2011 No 135 |
r 9R........................................... | ad 2011 No 135 |
r 9S............................................ | ad 2011 No 135 |
r 9T........................................... | ad 2011 No 135 |
r 9U........................................... | ad 2011 No 135 |
r 9V........................................... | ad 2011 No 135 |
r 9W.......................................... | ad 2011 No 135 |
r 9X........................................... | ad 2011 No 135 |
r 9Y........................................... | ad 2011 No 135 |
r 9Z........................................... | ad 2011 No 135 |
r 9ZA......................................... | ad 2011 No 135 |
r 9ZB......................................... | ad 2011 No 135 |
r 9ZC......................................... | ad 2011 No 135 |
r 9ZD......................................... | ad 2011 No 135 |
r 9ZE......................................... | ad 2011 No 135 |
r 9ZF......................................... | ad 2011 No 135 |
r 9ZG......................................... | ad 2011 No 135 |
r 9ZH......................................... | ad 2011 No 135 |
r 9ZI.......................................... | ad 2011 No 135 |
r 9ZJ.......................................... | ad 2011 No 135 |
r 9ZK......................................... | ad 2011 No 135 |
r 9ZL......................................... | ad 2011 No 135 |
r 9ZM........................................ | ad 2011 No 135 |
r 9ZN......................................... | ad 2011 No 135 |
r 9ZO......................................... | ad 2011 No 135 |
r 9ZP......................................... | ad 2011 No 135 |
r 9ZQ......................................... | ad 2011 No 135 |
r 9ZR......................................... | ad 2011 No 135 |
r 9ZS......................................... | ad 2011 No 135 |
r 9ZT......................................... | ad 2011 No 135 |
r 9ZU......................................... | ad 2011 No 135 |
r 9ZV......................................... | ad 2011 No 135 |
Division 12................................. | rep No 141, 2014 |
r 9ZW........................................ | ad 2011 No 135 |
rep No 141, 2014 | |
r 9ZX......................................... | ad 2011 No 135 |
rep No 141, 2014 | |
Part 4 heading............................. | rs F2017L00295 |
Division 1 heading...................... | ad No 19, 1997 |
rep No 410, 1997 | |
ad No 233, 2004 | |
rep F2017L00295 | |
Division 1.................................. | rep No 410, 1997 |
ad No 233, 2004 | |
rep F2017L00295 | |
r 10............................................ | rep No 410, 1997 |
ad No 233, 2004 | |
rep F2017L00295 | |
Division 2 heading...................... | ad No 19, 1997 |
rep F2017L00295 | |
r 10A......................................... | ad No 285, 1995 |
rs No 19, 1997 | |
am F2017L00295 | |
r 10AA....................................... | ad 1997 No 19 |
am 2011 No 135 | |
r 10AB....................................... | ad 1997 No 19 |
am 1997 No 186 | |
r 10AC....................................... | ad 1997 No 19 |
am 1997 No 186 | |
r 10AD....................................... | ad 1997 No 186 |
am 2011 No 135 | |
r 10B......................................... | ad 1995 No 285 |
am 1996 No 317; 1997 No 19; 1997 No 186; 1997 No 278; 1999 No 98; 2002 No 304 | |
rep 2003 No 9 | |
r 10C......................................... | ad 1995 No 285 |
r 10D......................................... | ad 1995 No 285 |
am 2011 No 135 | |
r 11............................................ | am 1992 No 455 |
r 12............................................ | am No 285, 1999; No 60, 2002; F2017L00295 |
r 13............................................ | am No 60, 2002; F2017L00295 |
r 14............................................ | am No 455, 1992; No 60, 2002 |
rep F2017L00295 | |
r 15............................................ | am No 60, 2002; F2017L00295 |
r 16............................................ | am No 60, 2002; F2017L00295 |
r 17............................................ | am No 60, 2002; F2017L00295 |
r 18............................................ | am 1992 No 455; 2002 No 60 |
rep 2011 No 135 | |
r 19............................................ | am 1992 No 455 |
Part 5A...................................... | ad 2005 No 294 |
r 19A......................................... | am 1993 No 74; 1994 No 77 |
rep 1994 No 419 | |
ad 1995 No 360 | |
rs 1996 No 67 | |
rep 2001 No 3 | |
ad 2005 No 294 | |
r 19B......................................... | ad 2005 No 294 |
r 19C......................................... | ad 2005 No 294 |
r 19D......................................... | ad 2005 No 294 |
r 19E.......................................... | ad 2005 No 294 |
am 2010 No 270 | |
r 19F.......................................... | ad 2005 No 294 |
r 19G......................................... | ad 2005 No 294 |
am 2009 No 185 | |
r 19H......................................... | ad 2005 No 294 |
r 19I........................................... | ad 2005 No 294 |
r 19J.......................................... | ad 2005 No 294 |
am No 90, 2015 | |
r 19K......................................... | ad 2005 No 294 |
am No 90, 2015; F2016L00717 | |
r 19L.......................................... | ad 2005 No 294 |
r 19M......................................... | ad 2005 No 294 |
am No 90, 2015 | |
r 21............................................ | am 1992 No 455; 1993 No 296; 1995 No 285 |
rs 1996 No 317 | |
am 1997 No 95; 2000 No 310; 2001 No 302; 2009 No 120; No 132, 2013 | |
Part 6A...................................... | ad 2011 No 135 |
r 21A......................................... | ad 2011 No 135 |
r 21B......................................... | ad 2011 No 135 |
am No 132, 2013 | |
r 21C......................................... | ad 2011 No 135 |
am No 132, 2013 | |
r 29............................................ | am No 60, 2002; F2017L00295 |
r 30............................................ | rs No 60, 2002 |
rep F2017L00295 | |
Part 9......................................... | rs 2009 No 90 |
r 31............................................ | am 1992 No 455; 1994 No 125 |
rs 2009 No 90 | |
r 32............................................ | am 1992 No 455; 1993 No 74; 2001 No 22 |
rep 2009 No 90 | |
r 33............................................ | rs 1992 No 455; 2002 No 60 |
rep 2009 No 90 | |
r 34............................................ | rs 1992 No 455; 2002 No 60 |
rep 2009 No 90 | |
r 35............................................ | am 2002 No 60 |
rep 2009 No 90 | |
r 36............................................ | am 1997 No 95; 2002 No 60 |
rep 2009 No 90 | |
r 37............................................ | rep 2009 No 90 |
Part 9A...................................... | ad 2010 No 1 |
r 37A......................................... | ad 2010 No 1 |
r 37B......................................... | ad 2010 No 1 |
r 37C......................................... | ad 2010 No 1 |
r 37D......................................... | ad 2010 No 1 |
Part 10....................................... | rs F2017L00295 |
r 38............................................ | rs F2017L00295 |
r 39............................................ | rs F2017L00295 |
r 40............................................ | am No 455, 1992; No 285, 1999 |
rs F2017L00295 | |
r 40A......................................... | ad No 19, 1997 |
rep F2017L00295 | |
r 41............................................ | rs F2017L00295 |
r 42............................................ | rs No 19, 1997; F2017L00295 |
r 43............................................ | rs F2017L00295 |
r 44............................................ | rs F2017L00295 |
r 45............................................ | am No 9, 2003 |
rep F2017L00295 | |
r 46............................................ | am No 60, 2002 |
rep F2017L00295 | |
Part 11....................................... | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 47............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 48............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 49............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 50............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 51............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
am 2003 No 112 | |
rep 2011 No 135 | |
r 52............................................ | ad 1999 No 22 |
rs 2000 No 339; 2009 No 90 | |
rep 2011 No 135 | |
r 53............................................ | ad 1999 No 22 |
rs 2000 No 339; 2009 No 90 | |
rep 2011 No 135 | |
r 53A......................................... | ad 2009 No 90 |
rep 2011 No 135 | |
r 54............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 55............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 56............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 57............................................ | ad 1999 No 22 |
rs 2000 No 339; 2009 No 90 | |
rep 2011 No 135 | |
r 58............................................ | ad 1999 No 22 |
rs 2000 No 339; 2009 No 90 | |
rep 2011 No 135 | |
r 58A......................................... | ad, 2009 No 90 |
rep 2011 No 135 | |
r 59............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 60............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 61............................................ | ad 1999 No 22 |
rs 2000 No 339 | |
rep 2011 No 135 | |
r 62............................................ | ad 1999 No 22 |
rs 2000 No 339; 2009 No 90 | |
rep 2011 No 135 | |
r 63............................................ | ad 1999 No 22 |
rs 2000 No 339; 2009 No 90 | |
rep 2011 No 135 | |
r 63A......................................... | ad 2009 No 90 |
rep 2011 No 135 | |
r 64............................................ | ad 2000 No 339 |
rep 2011 No 135 | |
r 65............................................ | ad 2000 No 339 |
rep 2011 No 135 | |
r 66............................................ | ad 2000 No 339 |
rep 2011 No 135 | |
r 67............................................ | ad 2000 No 339 |
rep 2011 No 135 | |
Part 12....................................... | ad 2001 No 3 |
Division 1.................................. | rep 2005 No 19 |
r 68............................................ | ad 2001 No 3 |
rep 2005 No 19 | |
r 69............................................ | ad 2001 No 3 |
am 2002 No 60 | |
rep 2005 No 19 | |
r 70............................................ | ad 2001 No 3 |
am 2002 No 60 | |
rep 2005 No 19 | |
r 71............................................ | ad 2001 No 3 |
am 2002 No 60 | |
rep 2005 No 19 | |
Division 2.................................. | rep 2005 No 19 |
r 72............................................ | ad 2001 No 3 |
rep 2005 No 19 | |
r 73............................................ | ad 2001 No 3 |
rs 2002 No 60 | |
rep 2005 No 19 | |
r 74............................................ | ad 2001 No 3 |
am 2002 No 60 | |
rep 2005 No 19 | |
Division 3.................................. | ad 2001 No 3 |
r 75............................................ | ad 2001 No 3 |
r 76............................................ | ad No 3, 2001 |
am No 60, 2002; F2017L00295 | |
r 77............................................ | ad No 3, 2001 |
am No 60, 2002; F2017L00295 | |
Part 13....................................... | ad 2010 No 1 |
r 78............................................ | ad 2010 No 1 |
Part 13A heading........................ | ed C46 |
Part 13A..................................... | ad No 203, 2015 |
Division 1.................................. | rep 30 June 2016 (r 80) |
r 79............................................ | ad No 141, 2014 |
rep 10 Oct 2014 (r 80) | |
ad No 203, 2015 | |
rep 30 June 2016 (r 80) | |
r 80............................................ | ad No 141, 2014 |
rep 10 Oct 2014 (r 80) | |
ad No 203, 2015 | |
rep 30 June 2016 (r 80) | |
Part 14....................................... | ad No 141, 2014 |
rep 10 Oct 2014 (r 80) | |
Schedule heading........................ | rep 1996 No 317 |
Schedule 1A heading................... | rs 2010 No 1 |
Schedule 1A............................... | ad 1996 No 317 |
am 1997 Nos 186 and 278; 1998 No 24; 1999 Nos 130 and 285; 2000 Nos 56, 92 and 338; 2002 Nos 25 and 304; 2004 No 70; 2010 No 1 | |
Schedule 1 heading...................... | ad 1996 No 317 |
rs 1997 No 410; 2004 No 234 | |
Schedule 1.................................. | am 1997 No 410 |
rs 2004 No 234 | |
Form 1....................................... | 1992 No 20 |
rep 1997 No 410 | |
Form 2....................................... | 1992 No 20 |
rs 2004 No 234 | |
Form 3....................................... | 1992 No 20 |
rs 2004 No 234 | |
Form 4....................................... | 1992 No 20 |
rs 2004 No 234 | |
Form 5....................................... | 1992 No 20 |
rs 2004 No 234 | |
Schedule 2.................................. | rs 1993 No 296 |
am 1995 No 285 | |
rs 1996 No 317 | |
am 1997 No 95; 1997 No 410; 1999 No 130; 1999 No 285; 2000 No 92; 2000 No 310; 2001 No 302; 2002 No 27; 2002 No 157; 2005 No 153 | |
rs No 132, 2013 | |
am No 141, 2014; No 203, 2015 | |
Schedule 3 heading...................... | rs 2009 No 90 |
Schedule 3A............................... | ad 1995 No 285 |
rep 1999 No 22 | |
Schedule 3B............................... | ad 1995 No 285 |
rep 1999 No 22 | |
Schedule 3C............................... | ad 1995 No 285 |
rep 1999 No 22 | |
Schedule 3D heading................... | rs 2001 No 3 rep 2005 No 19 |
Schedule 3D............................... | ad 1995 No 360 |
am 1996 No 67 | |
rep 2005 No 19 | |
Schedule 4.................................. | ad 1993 No 118 |
Schedule 5 heading...................... | rs 2011 No 135 |
Schedule 5.................................. | ad 1999 No 22 |
rs 2000 No 339 | |
am 2011 No 135 | |
Schedule 6 heading...................... | rs 2009 No 90; 2011 No 135 |
Schedule 6.................................. | ad 1999 No 22 |
rs 2000 No 339 | |
Schedule 7.................................. | ad 2011 No 135 |
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