Fisheries Regulations (Amendment) (Cth)

Statutory Rules 1982 No. 1271

–––––––

Fisheries Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Fisheries Act 1952.

Dated 4 June 1982.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

PETER NIXON

Minister of State for Primary Industry

–––––––––

Interpretation

1. Regulation 3 of the Fisheries Regulations is amended by omitting “Minister” from the definition of “approved form” and substituting “Secretary”.

Return by processor

2. Regulation 15 of the Fisheries Regulations is amended by inserting after sub-regulation (1) the following sub-regulations:

“(2) For the purposes of sub-regulation (1), ‘the prescribed particulars’ in relation to prawns referred to in paragraph (1) (a) are particulars of—

(a) the name of the person who received the prawns for processing;

(b) the address of the place where the prawns were received;

(c) the name of each fishing boat that took the prawns that were received;

(d) the quantity of prawns taken by each such fishing boat;

(e) the price paid by the person for the prawns referred to in paragraph (d);

(f) the area of waters from which the prawns referred to in paragraph (d) were taken; and

(g) the quantity of prawns sold or disposed of by the person in the form of—

(i) uncooked prawn tails;

(ii) whole uncooked prawns;

(iii) whole cooked prawns;

(iv) prawn cutlets; or

(v) peeled prawn meat.

“(3) For the purposes of sub-regulations (1) and (2), particulars of prawns received, or sold or disposed of, shall be specified separately in relation to each kind and size range of prawn received, or sold or disposed of.

“(4) For the purposes of sub-regulation (1), the particulars of fish (other than prawns) referred to in paragraph (1) (c) include particulars of—

(a) the quantity of fish sold or disposed of;

(b) the value, or price, of fish sold or disposed of; and

(c) where fish is sold or disposed of in a form other than whole fish or fillets—the form in which the fish was sold or disposed of.

“(5) For the purposes of sub-regulations (1) and (4), the particulars of fish (other than prawns) sold or disposed of shall be specified separately in relation to—

(a) each kind of fish sold or disposed of;

(b) whole fish sold or disposed of;

(c) fillets sold or disposed of; and

(d) where fish is sold or disposed of in a form other than whole fish or fillets—each such form.”.

3. Regulations 16, 17, 18 and 19 of the Fisheries Regulations are repealed and the following regulations substituted:

Publication of log-books

“16. (1) Where the Minister is satisfied that information—

(a) in relation to the taking of fish in Australian waters and the sale or disposal of such fish; or

(b) relating to the use in the Australian fishing zone of foreign boats licensed under the Act,

is required in pursuit of the objectives of the Act, he shall cause to be published forms of log-books in which the information can be entered in accordance with these Regulations.

“(2) Each form of log-book shall be appropriate to—

(a) the kind of fish;

(b) the kind of fishing activity; and

(c) the area of waters,

 in respect of which information is to be entered in the log-book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log-book.

“(3) The information referred to in sub-regulation (1) that may be required to be entered in a log-book in respect of fish taken by means of a boat may include—

(a) the following particulars of the person in charge of taking fish by means of the boat—

(i) his name;

(ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and

(iii) the duration of his experience in the method of fishing carried on by means of a boat;

(b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;

(c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;

(d) particulars of the fish taken by means of the boat;

(e) particulars of circumstances related to the taking of fish by means of the boat; and

(f) particulars of the sale or disposal of fish taken by means of the boat.

Powers of Minister

“17. (1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in a State or the Northern Territory, determined in respect of a form of log-book—

(a) the kind of fish;

(b) the kind of fishing activity; and

(c) the area of waters,

in respect of which the form of log-book is to be used in accordance with these Regulations, the form of log-book is for the purposes of these Regulations the appropriate form of log-book in relation to a boat—

(d) engaged in taking in that area of waters fish included in that kind of fish; or

(e) engaged in an activity related to taking in that area of waters fish included in that kind of fish.

“(2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in a State or the Northern Territory, determine in respect of each form of log-book—

(a) the beginning and the end of the period during which sub-regulation 18 (1), (2) or (3) shall apply in respect of the form of log-book; and

(b) the places where copies of the form of log-book can be obtained during ordinary business hours.

“(3) For the purposes of a notice referred to in sub-regulation (1) or (2), it shall be sufficient to identify a form of log-book by means of the letter, number or symbol, referred to in sub-regulation 16 (2), by which it is distinguished from other forms of log-book.

“(4) In respect of a form of log-book, the beginning of a period referred to in paragraph (2) (a) shall be not less than 14 days after the date on which the notice referred to in sub-regulation (2) is published in the Gazette, or in a newspaper referred to in that sub-regulation, whichever is the later, in relation to the form of log-book.

“(5) In respect of a form of log-book, the duration of a period referred to in paragraph (2) (a) shall not be longer than 3 years after the date on which the notice referred to in sub-regulation (2) is published in the Gazette, or in a newspaper referred to in that sub-regulation, whichever is the earlier, in relation to the form of log-book.

“(6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in a State or the Northern Territory, determine that sub-regulation 18 (1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log-book.

“(7) The Minister shall determine in respect of each form of log-book the newspaper or newspapers in which a notice referred to in sub-regulation (1), (2) or (6) shall be published.

“(8) In making a determination under sub-regulation (7), the Minister shall have regard to the area of waters in respect of which the form of log-book is to be used in accordance with these Regulations.

“(9) Nothing in these Regulations prevents notices under sub-regulation (1), (2) or (6) being combined and published as one notice.

Offences in relation to log-books

“18. (1) Unless he has a reasonable excuse, a person who is a master of an Australian boat licensed under section 9 of the Act shall—

(a) in respect of each day during which he uses the boat in an area of proclaimed waters in relation to taking fish in such an area, or in relation to the sale or disposal of fish taken in such an area; and

(b) not later than the end of the day immediately following the day referred to in paragraph (a),

cause information relating to that taking, sale or disposal to be entered in a log-book, kept in the appropriate form, in accordance with the requirements set out in the log-book. Penalty: $200.

“(2) Unless he has a reasonable excuse, a person who is a master of a foreign boat licensed under section 9 of the Act shall—

(a) in respect of each day during which he uses the boat in the Australian fishing zone; and

(b) not later than the end of the day immediately following the day referred to in paragraph (a),

cause information relating to that use to be entered in a log-book, kept in the appropriate form, in accordance with the requirements set out in the log-book.

Penalty: $200.

“(3) Unless he has a reasonable excuse, a person who has caused information to be entered in a log-book shall cause the folios, of the log-book, in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log-book.

Penalty: $200.

“(4) It is a defence to a prosecution for an offence against sub-regulation (1) or (2) in respect of a log-book if the defendant establishes that he made reasonable, but unsuccessful, efforts to obtain a copy of that log-book.

Secrecy

“19. (1) A person shall not, either directly or indirectly—

(a) make a record of, or communicate to a person, information, concerning the affairs of another person, that is contained in a log-book; or

(b) produce to a person any part of a log-book in which information has been recorded under these Regulations,

except in the performance of a duty under, or in relation to, the Act or these Regulations, or in pursuance of an order of a court.

Penalty: $200.

“(2) The reference in sub-regulation (1) to information, concerning the affairs of another person, that is contained in a log-book does not include a reference to information—

(a) that is compiled for statistical purposes with other like information; and

(b) that does not specify the name of the person who furnished the information or to whom the information relates.

“(3) In this regulation, ‘court’ includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 11 June 1982.

2. Statutory Rules 1954 No. 116 as amended by 1968 Nos. 7 and 143; 1974 Nos. 211 and 212; 1975 No. 69; 1976 No. 173; 1979 Nos. 187 and 235; 1980 Nos. 13, 279 and 369; 1981 No. 388.