Fisheries Management Regulations (Amendment) (Cth)
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I, The Governor-General of the
Commonwealth of Australia, acting with the advice of the Federal Executive
Council, make the following Regulations under the
Dated 22 December 1992.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
R. McMULLAN
Parliamentary Secretary to the Treasurer
for and on behalf of the
Minister of State for Primary Industries and Energy
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1.1 The Fisheries Management Regulations are amended as set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see
2.1 Definitions of “Chairperson” and “Managing Director”.
Omit the definitions.
2.2 Insert the following definition:
“
3.1 Omit “the Managing Director” (wherever occurring), substitute “AFMA”.
4.1 Omit “the Managing Director” (wherever occurring), substitute “AFMA”.
5.1 Omit “the Managing Director” (wherever occurring), substitute “AFMA”.
6.1 Paragraph 11(b):
Omit “the Managing Director”, substitute “AFMA”.
7.1 Paragraph 14 (2) (b):
Omit “the Federal SeaSafety Centre of the Department of Transport and Communications”, substitute “AFMA”.
8.1 Subregulation 18 (1):
Omit “the Chairperson or the Managing Director may nominate”, substitute “AFMA may nominate as an observer”.
8.2 Subregulation 18 (1):
After the subregulation, insert:
“(1A) If the nominated person is not an officer appointed under section 83 of the Act, AFMA must issue an identity card to the nominated person before he or she boards the boat.
“(1B) An identity card must:
(a) be in a form approved by AFMA; and
(b) bear a recent photograph of the nominated person; and
(c) state the name of the nominated person; and
be signed by AFMA.
“(1C) The master is not required to carry a nominated person on the boat if, on the master’s request, the person does not produce his or her identity card to the master before boarding the boat.
“(1D) A person ceases to be a nominated person when AFMA notifies the person in writing that the nomination has been revoked.
“(1E) A person who ceases to be a nominated person must, as soon as practicable, return his or her identity card to AFMA.”.
8.3 Subregulation 18 (2):
Omit “the Chairperson or the Managing Director”, substitute “AFMA”.
8.4 Subregulation 18 (3):
Omit “14 days”, substitute “36 hours”.
8.5 Paragraph 18 (4) (a):
Omit “and residential address”.
9.1 Subregulation 19 (7):
Omit “the Chairperson”, substitute “AFMA”.
10.1 After regulation 19, insert in Part 6:
“19a. (1) For the purposes of section 110 of the Act, levy imposed in respect of a fishing permit that includes a condition by reference to which the amount of levy is prescribed is due and payable:
(a) on the day that the fishing permit comes into force; or
(b) if a later day is specified in the fishing permit—on that day.
If, after a fishing permit is granted, a condition by reference to which levy is prescribed is:
(a) added to the fishing permit; or
(b) varied so that an additional amount of levy is prescribed in respect of the fishing permit;
any additional amount of levy is due and payable:
(c) on the day that written notice of the new condition or of the variation (as the case may be) is given to the fishing permit holder under subsection 32 (8) of the Act; or
(d) if a later day is specified in the fishing permit—on that day.”.
11.1 Subregulation 21 (1):
Omit “Column 2” and “Column 3”, substitute “Column 3” and “Column 4” respectively.
11.2 Subregulation 21 (2):
Omit “Column 2”, substitute “Column 3”.
11.3 Add at the end:
“(3)In spite of subregulation (1), no fee is imposed on the variation of a condition of a fishing permit on the application of a holder of the permit if:
(a) in the case of a fishing permit for trawling in the area of the South East Fishery referred to in the Fishing Levy (South East Fishery) Regulations—the variation is to take account of the transfer of part or all of a quota of a scheduled species of fish to or from that permit; or
(b) in the case of a shark hook fishing permit referred to in the Fishing Levy (Southern Shark Fishery) Regulations—the variation results in an amount (other than a nil amount) of levy being prescribed in respect of the permit.”.
12.1 Subregulation 31 (1):
Omit “the Chairperson”, substitute “AFMA”.
12.2 Paragraph 31 (1) (b):
After “sale” insert “or disposal”.
12.3 Subregulation 31 (1):
Add at the end:
“; or (f) the processing and sale of processed fish.”.
13.1 Omit “the Chairperson”(wherever occurring), substitute “AFMA”.
14.1 Omit the regulation, substitute:
(1)For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, engages in fishing in an area to which an approved logbook relates, the holder must, unless he or she has a reasonable excuse, ensure that information about the taking of the fish is recorded in the logbook.
For each day that a holder of a statutory fishing right or a fishing permit, or a person acting on behalf of the holder, sells or otherwise disposes of fish taken in an area to which an approved logbook relates, the holder must, unless he or she has a reasonable excuse, ensure that information about the sale or disposal of the fish is recorded in the logbook.
“(3)The holder of the statutory fishing right or the fishing permit must, unless he or she has a reasonable excuse, ensure that the information is recorded in the approved logbook:
(a) within the time set out in the logbook; or
(b) if no time is set out in the logbook—within 24 hours after the end of each day on which the boat undertakes fishing in the area to which the logbook relates.
[NOTE: See ss. 42 and 95 of the Act for the consequences of a contravention of this regulation.]”.
15.1 Omit the regulation, substitute:
(1)For each day that the holder of a foreign fishing licence or, if the holder is not the master of the boat, the master, uses the boat in an area to which an approved logbook relates, the holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must, unless he or she has a reasonable excuse, record in the approved logbook information about the use of the boat.
“(2)The holder of the foreign fishing licence or, if the holder is not the master of the boat, the master, must, unless he or she has a reasonable excuse, record the information in the approved logbook:
(a) within the time set out in the logbook; or
(b) if no time is set out in the logbook—within 24 hours after the end of each day on which the boat is used in the area to which the logbook relates.
[NOTE: See ss. 42 and 95 of the Act for the consequences of a contravention of this regulation.]”.
16.1 Subregulation 40 (1);
Add at the end:
“; and (f) that, if the person pays the penalty within the period specified in the notice or any further period (not being more than 28 days) that an officer allows (whether before or after the end of the first 28 day period):
(i) the person’s liability is taken to be discharged; and
(ii) further proceedings cannot be taken against the person for the offence; and
(iii) the person is not to be regarded as having been convicted of the offence.”.
1. Notified in the
Commonwealth of Australia Gazette on 24 December 1992.
2. Statutory Rules 1992 No. 20.
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