Fisheries Management Regulations (Amendment) (Cth)

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Statutory Rules 1997

No. 19 1

__________________

Fisheries Management Regulations 2(Amendment)

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

Dated 19 February 1997.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

WARWICK PARER

Minister for Resources and Energy

____________

1. Amendment

1.1 The Fisheries Management Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2. Regulation 3 (Interpretation)

2.1 Subregulation 3 (1) (definition of “relevant offence”,

paragraph (b)):

Omit “an offence against”.

2.2 Insert the following definition:

“ ‘Southern Bluefin Tuna’ has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995;”.

3. Part 4 (Surveillance and enforcement)

3.1 After the heading, insert:

“Division 1—Warrants”.

4. Regulation 10A (Records to be kept by holder of fish receiver permit)

4.1 Omit the regulation, substitute:

“Division 2—Fish receiver permits

Interpretation

“10A. In this Division:

‘processed form’, ‘processed form A’ and ‘processed form B’ have, respectively, the meaning given in subregulation 2 (1) of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.

Fish receiver permit holder to keep records

“10AA. (1) For subsection 92 (2) of the Act, the holder of a fish receiver permit 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.

Records—fish received

“10AB. (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:

(a)
were taken from the Eastern Tuna and Billfish Fishery; and
(b)
are of any of the following kinds:
(i)
yellowfin tuna (Thunnus albacares);
(ii)
bigeye tuna (Thunnus obesus);
(iii)
longtail tuna (Thunnus tonggol);
(iv)
albacore tuna (Thunnus alalunga);
(v)
black marlin (Makaira indica);
(vi)
blue marlin (Makaira nigricans);
(vii)
striped marlin (Tetrapturus audax);
(viii)
broadbill swordfish (Xiphias gladius);
(ix)
fish of the family Bramidae (commonly known as pomfrets or rays bream).

Records—fish disposed of

“10AC. (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:

(a)
were taken from the Eastern Tuna and Billfish Fishery; and
(b)
are of any of the following kinds:
(i)
yellowfin tuna (Thunnus albacares);
(ii)
bigeye tuna (Thunnus obesus);
(iii)
longtail tuna (Thunnus tonggol);
(iv)
albacore tuna (Thunnus alalunga);
(v)
black marlin (Makaira indica);
(vi)
blue marlin (Makaira nigricans);
(vii)
striped marlin (Tetrapturus audax);
(viii)
broadbill swordfish (Xiphias gladius);
(ix)
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.”.

5. Regulation 10B (Returns—South East Trawl Fishery and Southern Bluefin Tuna Fishery)

5.1 Subregulation 10B (1) (definition of “Southern Bluefin Tuna”):

Omit the definition.

5.2 Paragraph 10B (3) (a):

Omit “regulation 10A;”, substitute “regulation 10AA;”.

6. New regulation 40A

6.1 After regulation 40, insert:

Reminder notices

“40A.(1) AFMA may serve a reminder notice on a person who:

(a)
is served with an infringement notice; and
(b)
has not paid the relevant penalty:
(i)
within 14 days after the date when the infringement notice was issued; or
(ii)
if an officer has allowed a further period in which the person may pay the relevant penalty—within 14 days after the date when the further period was allowed.

“(2) The reminder notice must state:

(a)
the date when it is issued to the person; and
(b)
the date when the infringement notice was issued; and
(c)
the number of the infringement notice; and
(d)
the amount of the relevant penalty; and
(e)
the amount (if any) of the relevant penalty that has been received by AFMA from the person; and
(f)
the amount of the relevant penalty that has not been received by AFMA from the person; and
(g)
the date when the amount of the relevant penalty owing must be paid.

“(3) The reminder notice must be served in accordance with regulation 39.”.

7. Regulation 42 (Evidentiary matters)

7.1 Omit the regulation, substitute:

Certificate of officer—prima facie evidence

“42. (1) An officer may sign:

(a)
a certificate:
(i)
stating that, under regulation 39, the officer served an infringement notice on a specified person; and
(ii)
specifying the date when the notice was served; and
(iii)
specifying the way in which the notice was served; or
(b)
a certificate stating that:
(i)
under paragraph 41 (1) (b), the officer did not allow a further period for payment of the relevant penalty specified in an infringement notice; and
(ii)
the penalty was not paid in accordance with the notice within 28 days after the date of the notice; or
(c)
a certificate stating that:
(i)
under paragraph 41 (1) (b), the officer allowed a further period for payment of the relevant penalty specified in an infringement notice; and
(ii)
the penalty was not paid in accordance with the notice within the further time allowed.

“(2) At the hearing of a prosecution for an offence specified in an infringement notice, a certificate described in paragraph (1) (a), (b) or (c) is prima facie evidence of the matters stated in the certificate.

“(3) A certificate purporting to have been signed by an officer is admissible in any proceedings as prima facie evidence of the fact that it was so signed.”.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 26 February 1997.
2. Statutory Rules 1992 No. 20 as amended by 1992 No. 455; 1993 Nos. 74, 118 and 296; 1994 Nos. 77, 125 and 419; 1995 Nos. 285 and 360; 1996 Nos. 67 and 317.

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