Fisheries Management (Southern Bluefin Tuna Fishery) Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 125 1

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Fisheries Management (Southern Bluefin Tuna Fishery) 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 8 June 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

D. BEDDALL

Minister for Resources

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1.   Amendment

1.1   The Fisheries Management (Southern Bluefin Tuna Fishery) Regulations are amended as set out in these Regulations.

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

2.   Regulation 2 (Interpretation)

2.1   Subregulation 2 (1) (definition of “processed form”):

Omit the definition, substitute:

“‘processed form’ means Southern Bluefin Tuna in processed form A or processed form B, but does not include Southern Bluefin Tuna that has been processed in any other manner;

‘processed form A’ means Southern Bluefin Tunathat has been gilled and gutted so that:

• (a)

  the gill plates are removed; and

• (b)

  the tail is wholly removed;

‘processed form B’ means Southern Bluefin Tuna that has been gilled and gutted so that:

• (a)

  the gill plates are not removed; and

• (b)

  the tail is not wholly removed;”.

2.2   After subregulation (1), insert:

“(1A)

For the purposes of the definitions of ‘processed form A’ and ‘processed form B’, the tail of Southern Bluefin Tuna is wholly removed if it is removed by cutting through the backbone near the base of the tail.”.

3.   Regulation 7 (Conversion of processed weight to live weight)

3.1   Omit the regulation, substitute:

Conversion of processed weight to live weight

“7.

(1) If, for the purposes of giving effect to any provision of the Act, the weight of whole Southern Bluefin Tuna is to be calculated from its weight in processed form, the weight is to be calculated in accordance with the formula in subregulation (2) or (3), as the case requires.

“(2)

If Southern Bluefin Tuna is in processed form A, the weight is to be calculated in accordance with the formula:

1.176 ¥ Processed Weight

where ‘Processed Weight’ is the weight, measured in kilograms, of the Southern Bluefin Tuna in processed form A.

“(3)

If Southern Bluefin Tuna is in processed form B, the weight is to be calculated in accordance with the formula:

1.12 ¥ Processed Weight + N ¥ Kilograms

where:

 ‘Processed Weight’ is the weight, measured in kilograms, of the batch of Southern Bluefin Tuna in processed form B; and

‘N’ is the number of Southern Bluefin Tuna in the batch being weighed.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 9 June 1995.

2. Statutory Rules 1995 No. 7.