Torres Strait Fisheries Act 1984 (Cth)
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 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 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
This Act may be cited as the
Torres Strait Fisheries Act 1984 .
This Act shall come into operation on a day to be fixed by Proclamation.
(1) In this Act, unless the contrary intention appears:
AFMA means the Australian Fisheries Management Authority.
AFMA staff member has the same meaning as in theFisheries Administration Act 1991 .
area of Australian jurisdiction means:
(a) any area of waters in the Protected Zone (other than an area within the Protected Zone coastal waters of Queensland) to the south of the line described in Annex 8 to the Torres Strait Treaty;
(b) if there is in force a Proclamation under subsection 15(1) or (2) in relation to an area of waters—so much of that area of waters as is not within the Protected Zone coastal waters of Queensland; and
(c) if there is in force an arrangement under Part V that provides that a particular fishery, being a fishery that is so defined that it is or may be carried on wholly or partly within the Protected Zone coastal waters of Queensland, is to be managed in accordance with the law of the Commonwealth—that part of the Protected Zone coastal waters of Queensland to which the arrangement relates;
but does not, except to the extent necessary for the purposes of giving effect to an arrangement of the kind referred to in paragraph (c), include, in relation to any act or thing done for the purposes of fishing for sedentary organisms, any part of the Protected Zone to the north of the line described in Annex 5 to the Torres Strait Treaty.
area of Papua New Guinea jurisdiction means any area of waters in the Protected Zone (other than an area within the Protected Zone coastal waters of Queensland) to the north of the line described in Annex 5 to the Torres Strait Treaty, but does not include, in relation to any act or thing done for the purpose of fishing for fish other than sedentary organisms, any area to the south of the line described in Annex 8 to the Torres Strait Treaty.
Australian boat means a boat that is not a Papua New Guinea boat and the operations of which are based on a place in Australia and which is wholly owned by a natural person who is a resident of, or by a company incorporated in, Australia, being a boat that:
(a) was built in Australia;
(b) has been lawfully imported into Australia, otherwise than for a limited period; or
(c) has been sold, or otherwise disposed of, in Australia after having been forfeited or distrained under a law of the Commonwealth or of a State or Territory.
Australian resident means:
(a) a person who holds a permanent visa (as defined in the
Migration Act 1958 ) that is in effect; or(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the
Migration Act 1958 ) that is in effect; or(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
boat means any kind of vessel used in navigation by water, however propelled or moved, and includes:
(a) a barge, lighter or other floating vessel; and
(b) an air‑cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.
carrying , in relation to fish, includes preserving for the purpose of carriage or storing for that purpose.
CEO has the same meaning as in theFisheries Administration Act 1991 .
commercial fisher means the holder of a commercial fishing licence.
commercial fishing means fishing for commercial purposes, but does not include traditional fishing.
commercial fishing licence means a licence that is in force under subsection 19(2) or (4).
community fishing means commercial fishing carried on by:
(a) a person who is, or 2 or more persons each of whom is, both a traditional inhabitant and an Australian citizen (not being a person who is, in the course of that fishing, under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of another person who is not both an Australian citizen and a traditional inhabitant); or
(b) a person or persons of the kind referred to in paragraph (a) and another person or other persons employed by:
(i) the first‑mentioned person or persons; or
(ii) the Commonwealth, Queensland, an authority of the Commonwealth or an authority of Queensland;
to provide the first‑mentioned person or persons with training or advice in relation to fishing techniques.
evidential material means a thing relevant to an indictable offence, or a thing relevant to a summary offence, against this Act or the regulations, including such a thing in electronic form.
executing officer , in relation to a warrant, means:
(a) the officer named in the warrant by the magistrate who issued the warrant as being responsible for executing the warrant; or
(b) if the officer so named does not intend to be present at the execution of the warrant—another officer whose name has been written in the warrant by the officer so named; or
(c) another officer whose name has been written in the warrant by the officer last named in the warrant.
fish means all the natural resources of the sea and seabed, including all swimming species and all sedentary organisms, but does not include cetaceans or minerals.
fishing means:
(a) searching for, or taking, fish; or
(b) attempting to search for, or take, fish; or
(c) engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or
(d) placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or
(e) any operations at sea directly in support of, or in preparation for, any activity described in this definition; or
(f) aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or
(g) the processing, carrying or transhipping of fish that have been taken.
fish receiver licence means a licence that is in force under subsection 19(4B).
foreign boat means a boat other than an Australian boat or a Papua New Guinea boat.
master , in relation to a boat, means the person in charge or command of the boat.
master fisherman’s licence means a licence granted under subsection 19(1).
offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of theCriminal Code that relates to this Act.
officer means:
(a) a person, or a person included in a class of persons, authorised under subsection (4) to perform duties under this Act;
(b) a member of the Defence Force; or
(c) a member or special member of the Australian Federal Police or a member of the Police Force of Queensland; or
(d) an officer of Customs (as defined in the
Customs Act 1901 ).
Papua New Guinea boat means:
(a) a boat in respect of which a Papua New Guinea licence is in force; or
(b) a boat that is being used by a traditional inhabitant who is a citizen of Papua New Guinea in the course of traditional fishing.
Papua New Guinea licence means a licence in force under the laws of Papua New Guinea in respect of a boat, being a licence granted pursuant to the Torres Strait Treaty that authorises the use of the boat for commercial fishing in an area of Papua New Guinea jurisdiction (whether or not the licence also authorises the use of the boat for fishing in any other area).
Papua New Guinea Minister means the Minister of the Government of Papua New Guinea for the time being administering the laws of Papua New Guinea relating to fishing in and in the vicinity of the Protected Zone, and includes a delegate of that Minister.
PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of thePersonal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.Note 1: The
Personal Property Securities Act 2009 applies to certain security interests in personal property. See the following provisions of that Act:(a) section 8 (interests to which the Act does not apply);
(b) section 12 (meaning of
security interest );(c) Chapter 9 (transitional provisions).
Note 2: For the meaning of
transitional security interest , see section 308 of thePersonal Property Securities Act 2009 .
premises includes any land, place, vehicle, vessel or aircraft.
private purposes means purposes other than commercial purposes or scientific purposes.
processing , in relation to fish, includes the cutting up, dismembering, cleaning, sorting or packing of the fish.
Protected Zone means the area the boundaries of which are described in Annex 9 to the Torres Strait Treaty, and includes:
(a) in relation to any act or thing done for the purposes of commercial fishing—any area adjacent to the first‑mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is outside but near the Protected Zone for the purposes of commercial fishing; and
(b) in relation to any act or thing done for the purposes of traditional fishing—any area adjacent to the first‑mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is in the vicinity of the Protected Zone for the purposes of traditional fishing.
sedentary organism means any species of marine organism that, at the harvestable stage, is:
(a) immobile on or under the seabed; or
(b) unable to move except in constant physical contact with the seabed or the subsoil.
take includes catch or capture.
territorial sea , in relation to Australia, has the same meaning as in Division 1 of Part II of theSeas and Submerged Lands Act 1973 .
Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the two countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978, being the treaty a copy of which, apart from Annexes 2, 4, 6 and 7 to that treaty, is set out in the Schedule.
traditional fishing has the same meaning as in the Torres Strait Treaty, but does not include fishing by a method, or with the use of equipment or a boat, of a kind specified in an instrument in force under subsection (2).
traditional inhabitant means:
(a) a person covered by the definition of
traditional inhabitants in Article 1 of the Torres Strait Treaty (as affected by subsection (3)); or(b) a person prescribed by the regulations.
Treaty endorsement means an endorsement of a Papua New Guinea licence made under subsection 20(1).
warrant premises means premises in relation to which a warrant is in force.
(2) The Minister may, by legislative instrument, declare that the taking by traditional inhabitants of fish by a method, or with the use of equipment or a boat, of a kind specified in the instrument is not traditional fishing.
(3) For the purposes of this Act:
(a) the reference in the definition of
traditional inhabitants in Article 1 of the Torres Strait Treaty to the adjacent coastal area of Australia shall be read as a reference to any area adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty that is declared by the Minister, by legislative instrument, to be part of the adjacent coastal area of Australia; and(b) the reference in that definition in that Article to the adjacent coastal area of Papua New Guinea shall be read as a reference to any area adjacent to the Protected Zone and to the north of the line described in Annex 5 to the Torres Strait Treaty that is declared by the Minister, by legislative instrument, to be part of the adjacent coastal area of Papua New Guinea.
(4) The Minister may, by writing under his or her hand:
(a) authorise a person, or a person included in a specified class of persons, being a person who is:
(i) an officer or employee of the Commonwealth or an officer or employee of an authority of the Commonwealth or of a Territory; or
(ii) an officer or employee of Queensland or of an authority of Queensland;
to perform duties under this Act; or
(b) authorise a person nominated by the Papua New Guinea Minister to perform duties under this Act.
(5) References in this Act to activities carried on for private purposes or to fishing for private purposes shall be read as not including references to activities carried on in the course of traditional fishing.
(6) References in this Act to the holder of a Treaty endorsement shall be read as references to the holder of the Papua New Guinea licence in respect of which the Treaty endorsement was made.
(1) For the purposes of this Act, the Protected Zone coastal waters of Queensland are:
(a) the parts of the territorial sea of Australia that are adjacent to Queensland and are:
(i) in the Protected Zone; or
(ii) in an area in respect of which a Proclamation is in force under subsection 15(1) or (2);
other than any part referred to in subsection (2) of this section; and
(b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia referred to in paragraph (a) but are not within the limits of Queensland.
(2) If at any time the breadth of the territorial sea of Australia is determined or declared to be greater than 3 nautical miles, the Protected Zone coastal waters of Queensland do not include, for the purposes of this Act, any part of the territorial sea of Australia that would not be within the limits of that territorial sea if the breadth of that territorial sea had continued to be 3 nautical miles.
Chapter 2 (other than Part 2.5) of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) Subject to subsection (2), nothing in this Act affects any activities by way of fishing within the Protected Zone coastal waters of Queensland.
(2) Where there is in force an arrangement under Part V that provides that a particular fishery, being a fishery that is so defined that it is or may be carried on wholly or partly within the Protected Zone coastal waters of Queensland, is to be managed in accordance with the law of the Commonwealth, this Act applies to and in relation to those waters to the extent necessary for the purposes of the management of that fishery.
(3) Where there is in force a Proclamation under subsection 15(1) in relation to an area (in this subsection referred to as the
relevant area ) in relation to a class of activities by way of commercial fishing, this Act does not apply in relation to any activities carried on in the relevant area other than:
(a) activities included in the class of activities specified in the Proclamation; or
(b) if there is in force a Proclamation under subsection 15(2) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area—activities to which this Act applies by virtue of the last‑mentioned Proclamation.
(4) Where there is in force a Proclamation under subsection 15(2) in relation to an area (in this subsection referred to as the
relevant area ), this Act does not apply in relation to any activities carried on in the relevant area other than:
(a) activities by way of traditional fishing; or
(b) if there is in force a Proclamation under subsection 15(1) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area—activities to which this Act applies by virtue of the last‑mentioned Proclamation.
This Act has extra‑territorial operation according to its tenor.
Nothing in this Act applies in relation to activities carried on for private purposes with the use of an Australian boat.
In the administration of this Act, regard shall be had to the rights and obligations conferred on Australia by the Torres Strait Treaty and in particular to the following management priorities:
(a) to acknowledge and protect the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing;
(b) to protect and preserve the marine environment and indigenous fauna and flora in and in the vicinity of the Protected Zone;
(c) to adopt conservation measures necessary for the conservation of a species in such a way as to minimise any restrictive effects of the measures on traditional fishing;
(d) to administer the provisions of Part 5 of the Torres Strait Treaty (relating to commercial fisheries) so as not to prejudice the achievement of the purposes of Part 4 of the Torres Strait Treaty in regard to traditional fishing;
(e) to manage commercial fisheries for optimum utilisation;
(f) to share the allowable catch of relevant Protected Zone commercial fisheries with Papua New Guinea in accordance with the Torres Strait Treaty;
(g) to have regard, in developing and implementing licensing policy, to the desirability of promoting economic development in the Torres Strait area and employment opportunities for traditional inhabitants.
(1) The Minister may, by writing signed by him or her, delegate any or all of his or her functions or powers under this Act, other than his or her powers under subsection 3(3) or section 14, 15A, 16 or 17, to:
(a) an APS employee in the Department; or
(b) an AFMA staff member; or
(c) a person from time to time holding, or performing the duties of, a specified office in the service of Queensland or an authority of Queensland or under the law of Queensland; or
(d) an APS employee in the TSRA.
Note: For variation and revocation, see subsection 33(3) of the
Acts Interpretation Act 1901 .(2) In performing functions and exercising powers under the delegation, the delegate must comply with any directions of the Minister.
Note: See sections 34AA to 34A of the
Acts Interpretation Act 1901 .
(1) The Minister shall cause to be kept registers at such place or places as the Minister thinks fit.
(2) The registers must show particulars of:
(a) licences and Treaty endorsements in force from time to time under this Act; and
(b) the allocation of units of fishing capacity (within the meaning or paragraph 15A(6)(a)) from time to time under this Act.
(3) The Minister may cause the contents of part or all of the Register to be made available to the public by electronic or other means.
(1) The Minister may cause operations to be carried out:
(a) for ascertaining whether fishing in an area of Australian jurisdiction can be engaged in on a commercial basis; or
(b) for the development of any class of activities by way of fishing in areas of Australian jurisdiction.
(2) The Minister may cause investigations to be made:
(a) into economic matters relating to any class of activities by way of fishing in an area of Australian jurisdiction; or
(b) into the stocks of fish in an area of Australian jurisdiction.
(1) The Minister may, in his or her discretion, grant a permit to a person authorising that person to engage, for scientific or developmental purposes, in such activities by way of fishing in an area of Australian jurisdiction as are specified in the permit.
(2) The holder of a permit in force under subsection (1) or a person acting on behalf of the holder of such a permit does not commit an offence against this Act by reason of anything done by him or her that is authorised by the permit to be done by the holder of the permit.
(3) A permit granted under subsection (1) is subject to such conditions as are specified in the permit.
(4) The Minister may, in his or her discretion, by notice in writing given to the holder of a permit in force under this section:
(a) revoke the permit; or
(b) vary or revoke the conditions to which the permit is subject or specify further conditions to which the permit is to be subject.
(5) Without limiting subsection (1), the activities authorised by a permit granted under that subsection for developmental purposes may include the following:
(a) assessing the commercial viability of a fishery;
(b) assessing the commercial viability of kinds of fishing activities, boats or equipment specified in the permit.
The Minister shall, when he or she considers it appropriate to do so, seek the views of the members of the Joint Advisory Council established under Article 19 of the Torres Strait Treaty who are traditional inhabitants and Australian citizens on any matter relating to the administration of this Act that may affect the interests of traditional inhabitants who are Australian citizens.
(1) The Minister may, by legislative instrument, require the master of any boat that is being used to take fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing), in any area of Australian jurisdiction or in an area of Australian jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind with the use of the boat.
(1A) The Minister may, by legislative instrument, require the holder of a licence in force under subsection 19(4A) that authorises the taking of fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing) without the use of a boat, in any area of Australian jurisdiction or in an area of Australian jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind.
(2) The Minister may, by legislative instrument, require the master of:
(a) any Australian boat; or
(b) any foreign boat in respect of which a licence is in force under section 19;
that is being used to take fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing), in any area of Papua New Guinea jurisdiction or in an area of Papua New Guinea jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind with the use of the boat.
(2A) The Minister may, by legislative instrument, require, at such time and in such manner as is specified in the instrument:
(a) the person who is the master of any boat in respect of which a licence is in force under section 19, or of any such boat that is included in a class of boats specified in the instrument, to notify the Minister of:
(i) where the boat is in an area of Australian jurisdiction at the time at which the instrument comes into force—the fact that the person is the master of the boat and that the boat is in the area of Australian jurisdiction; and
(ii) where the boat enters or leaves an area of Australian jurisdiction (regardless of its location at the time at which the instrument comes into force)—the fact that the person is the master of the boat and that the boat has entered or left the area of Australian jurisdiction; and
(b) a person who becomes or ceases to be the master of a boat to which the instrument relates at a time when the boat is in an area of Australian jurisdiction to notify the Minister of the fact that the person has become or ceased to be the master of the boat.
(3) The Minister may, by legislative instrument, require a relevant person who:
(a) takes delivery of fish included in a class of fish specified in the instrument from another person; and
(b) knows, or has reasonable grounds to believe, that the other person is both a traditional inhabitant and an Australian citizen;
to furnish to the Minister, at such time and in such manner as is specified in the instrument, information relating to the quantity of fish so delivered.
(4) In subsection (3):
Protected Zone includes any area referred to in paragraph (a) of the definition ofProtected Zone in subsection 3(1).
relevant person means a person:
(a) who is not both a traditional inhabitant and an Australian citizen; and
(b) who is:
(i) the master of, or a person on board, a boat;
(ii) the pilot of, or a person on board, an aircraft; or
(iii) the operator of a fish processing facility that is in Australia.
(6) Where there is in force an instrument under subsection (1) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing), from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind with the use of a boat of any one or more of the following kinds, namely, an Australian boat, a Papua New Guinea boat or a foreign boat.
(6A) Where there is in force an instrument under subsection (1A) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing) without the use of a boat, from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind.
(7) Where there is in force an instrument under subsection (2) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing), from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind with the use of an Australian boat or with the use of a foreign boat in respect of which a licence is in force under section 19.
(8) Where there is in force an instrument under subsection (3) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of community fishing, from the area in relation to which the first‑mentioned instrument has effect, of fish of that kind.
(9) An instrument under subsection (1), (1A), (2), (2A) or (3) comes into force on the day specified for the purpose in the instrument, being a day not earlier than one month after the making of the instrument.
(10) An instrument under subsection (6), (6A), (7) or (8) comes into force on the day specified for the purpose in the instrument, being a day not earlier than 7 days after the making of the instrument and continues to be in force until the instrument is revoked or until the next anniversary of the day on which the instrument under subsection (1), (2) or (3) to which the first‑mentioned instrument relates came into force, whichever first occurs.
(11) The Minister shall cause the contents of an instrument under this section to be published or broadcast in such manner as is prescribed.
(12) A person who refuses or fails to provide information required by an instrument under subsection (1), (1A), (2), (2A) or (3) to be provided by that person in the manner that the information is required by the instrument to be provided commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
(12A) An offence under subsection (12) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .(13) A person who, in purported compliance with an instrument under subsection (1), (1A), (2), (2A) or (3), provides information that is, to his or her knowledge, false or misleading in a material particular, commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for 2 years, or both.
(14) A person who takes fish in contravention of an instrument in force under subsection (6), (6A), (7) or (8) commits an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person—50 penalty units; or
(b) if the person is a body corporate—250 penalty units.
(14AA) An offence under subsection (14) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the
Criminal Code .(14A) A person who purchases fish that the person knows have been taken in contravention of an instrument in force under subsection (6), (6A) or (7) commits an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person—50 penalty units; or
(b) if the person is a body corporate—250 penalty units.
(1) The Governor‑General may, by Proclamation, declare an area of waters specified in the Proclamation that is adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty to be an area outside but near the Protected Zone for the purposes of the performance, in the course of commercial fishing, of any activity that is included in a class of activities by way of commercial fishing specified in the Proclamation.
(2) The Governor‑General may, if he or she is satisfied that traditional inhabitants who are citizens of Papua New Guinea had, before the entry into force of the Torres Strait Treaty, customarily engaged in traditional fishing in an area of waters adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty, by Proclamation, declare that area to be an area in the vicinity of the Protected Zone for the purposes of this Act.
(3) The Governor‑General shall not make a Proclamation under subsection (1) or (2) in relation to an area that is wholly or partly within the coastal waters of Queensland unless the Governor‑General is satisfied that the Minister and the Queensland Minister have agreed that the Proclamation be made in relation to that area.
(4) In subsection (3):
coastal waters of Queensland means:
(a) the parts of the territorial sea of Australia that are adjacent to Queensland, other than any part referred to in subsection 4(2); and
(b) any marine or tidal waters that are on the landward side of any part of the territorial sea of Australia referred to in paragraph (a) but are not within the limits of Queensland.
Queensland Minister has the same meaning as in Part V.
(1) The Minister may, by legislative instrument, determine a plan of management for a fishery in an area of Australian jurisdiction.
(2) A plan of management for a fishery must set out:
(a) the objectives of the plan of management; and
(b) measures by which the objectives are to be attained; and
(c) performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed.
(2A) The objectives to be set out under paragraph (2)(a) must be consistent with, but are not limited to, the objectives set out in section 8.
(3) Subsections (4), (5) and (6) do not limit, by implication, the matters required by subsection (2) to be set out in a plan of management for a fishery.
(4) The Minister may, in a plan of management for a fishery:
(a) determine the manner in which the fishing capacity of the fishery is to be measured; and
(b) provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.
(5) A plan of management for a fishery may make provision for and in relation to the following in respect of the fishery:
(a) the granting of permits under section 12;
(b) the conditions to which permits granted under section 12 are to be subject;
(c) the duration, renewal, variation and revocation of permits granted under section 12;
(d) the making of instruments under section 14;
(e) the making of instruments under section 16;
(f) the making of declarations under section 17;
(g) the granting of licences under section 19;
(h) the conditions to which licences granted under section 19 are to be subject;
(i) the duration, transfer, renewal and variation of licences granted under section 19;
(j) the making of Treaty endorsements under section 20;
(k) the conditions to which Treaty endorsements made under section 20 are to be subject;
(l) the duration, transfer, renewal, variation and revocation of Treaty endorsements made under section 20;
(m) the making of entries under section 21 in licences or Treaty endorsements;
(n) the suspension, variation and revocation of entries made under section 21 in licences or Treaty endorsements.
(6) If a plan of management for a fishery provides for the determination of the fishing capacity permitted for the fishery, the plan of management may make provision for and in relation to the following:
(a) the division of the fishing capacity, or a part of the fishing capacity, permitted for the fishery into units (the
units of fishing capacity );(b) the allocation to holders of licences under section 19 or other persons of units of fishing capacity in the fishery;
(c) the assignment of units of fishing capacity to boats, and the holding, and cessation of holding, of units of fishing capacity in relation to boats;
(d) requiring units of fishing capacity to be held in relation to boats;
(e) the determination of the number of units of fishing capacity to be held in relation to boats;
(f) the holding of units of fishing capacity that are not assigned to a boat, including the number of such units of fishing capacity that may be held by a person and the period during which such units of fishing capacity may be held;
(g) the duration, variation, re‑assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity;
(ga) the translation of units of fishing capacity into catch or use entitlements, and the transfer of these entitlements;
(h) the recording on a register kept under section 10 of the allocation, assignment, holding, cessation of holding, variation, re‑assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity and the manner in which such recording is to be evidenced, including the issue, recall and replacement of certificates and other documents evidencing such recording;
(ha) the recording on a register kept under section 10 of the catch or use entitlements applying to particular units of fishing capacity;
(i) the reconsideration of decisions made under the plan of management.
(7) The prescribed fees (if any) are payable in respect of the allocation, assignment, variation, re‑assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity and the issue and replacement of certificates and other documents evidencing the recording of the allocation, assignment, holding, cessation of holding, variation, re‑assignment, transfer, replacement, and renewal of allocation, of units of fishing capacity.
(8) Regulations made for the purposes of subsection (7) may state different fees, or prescribe different methods of calculating fees, in respect of units of fishing capacity included in different classes of units of fishing capacity.
(9) While a plan of management is in force for a fishery, the performance of functions and the exercise of powers under this Act in relation to the fishery must be in accordance with the plan of management, and not otherwise.
(10) In the performance of functions and the exercise of powers generally under this Act, regard must be had to the effects, either direct or indirect, that the performance of the functions and exercise of the powers may have in relation to any plan or plans of management.
(11) Without limiting the matters by reference to which a fishery may be identified in a plan of management, those matters include all or any of the following:
(a) a species of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
(13) In this section:
decision has the same meaning as in theAdministrative Review Tribunal Act 2024 .
fishery means a class of activities by way of fishing, being a class of such activities that is identified in a plan of management as a fishery to which the plan of management applies.
(1) Subject to this section, the Minister may, by legislative instrument:
(a) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument; or
(b) prohibit the taking, processing or carrying of fish included in a class of fish specified in the instrument that:
(i) are less than a size or weight specified in the instrument; or
(ii) have a dimension less than a dimension specified in the instrument; or
(iii) have a part with a dimension or weight less than a dimension or weight specified in the instrument in relation to that part; or
(iv) are greater than a size or weight specified in the instrument; or
(v) have a dimension greater than a dimension specified in the instrument; or
(vi) have a part with a dimension or weight greater than a dimension or weight specified in the instrument in relation to that part; or
(c) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, by a method, or with the use of equipment or a boat, of a kind specified in the instrument; or
(d) prohibit the taking, processing, carrying or storage, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of equipment, a boat or land facilities owned by, or under the control of, persons other than persons who are included in a class of persons specified in the instrument; or
(e) prohibit the taking, processing or carrying, in the course of commercial fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of an Australian boat, a Papua New Guinea boat or foreign boat; or
(f) prohibit a person from using or having in his or her possession or under his or her control, on a boat, a quantity of equipment, in the course of commercial fishing, of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or
(g) prohibit a person from using, or having in his or her possession or under his or her control on a boat, in the course of commercial fishing, equipment of a kind specified in an instrument in force under paragraph (f) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or
(ga) prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, in the course of commercial fishing without the use of a boat; or
(gb) prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, a quantity of equipment of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or
(gc) prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, equipment of a kind specified in an instrument in force under paragraph (gb) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or
(h) prohibit the taking of eggs of reptiles included in a class of reptiles specified in the instrument; or
(j) prohibit the carrying away, from an area specified in the instrument, of sedentary organisms included in a class of sedentary organisms specified in the instrument unless those organisms are dead; or
(k) prohibit the master of a boat that is included in a class of boats specified in the instrument from having on board the boat a number of persons greater than a number specified in, or ascertainable as provided by, the instrument for the purpose of engaging in specified activities by way of commercial fishing; or
(m) prohibit the taking of fish, or fish included in a class of fish specified in the instrument, otherwise than in the course of community fishing or traditional fishing; or
(n) where there is an instrument in force under paragraph (m) in relation to fish of a certain kind, prohibit the processing of fish of that kind in an area of Australian jurisdiction or in an area declared under subsection 3(3) to be part of the adjacent coastal area of Australia otherwise than in the course of community fishing or traditional fishing; or
(o) prohibit a person from having in his or her possession or under his or her control on a boat, equipment of a kind specified in the instrument for taking, processing or carrying fish unless that equipment is stowed and secured, or carried, in a manner specified in the instrument; or
(p) prohibit a person from using or having in the possession or under the control of the person, on a boat, equipment of a kind specified in the instrument for taking fish unless that equipment is marked or otherwise identified in a manner specified in the instrument.
(1A) An instrument under subsection (1) may do all or any of the following:
(a) contain prohibitions under 2 or more paragraphs of that subsection;
(b) specify the day on which the prohibition or a particular prohibition contained in the instrument is to come into force (whether the same as, or different from, a day specified under this paragraph in relation to any other prohibition that may be contained in the instrument);
(c) specify the period during which the prohibition or a particular prohibition contained in the instrument is to have effect (whether the same as, or different from, a period specified under this paragraph in relation to any other prohibition that may be contained in the instrument);
(d) provide for exemptions from the prohibition or prohibitions contained in the instrument.
(2) A prohibition contained in an instrument under subsection (1) (other than paragraph (1)(d) or (n)) has effect:
(a) if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect—in that area; and
(b) in any other case—in any area of Australian jurisdiction.
(3) A prohibition contained in an instrument under paragraph (1)(d) or (n) has effect:
(a) if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect—in that area; and
(b) if any area of land in Australia is specified in the instrument as being an area in respect of which the prohibition is to have effect—in that area.
(4) A prohibition contained in an instrument under subsection (1) comes into force on the day on which the instrument is published under subsection (9) or on such later day as is specified in the instrument.
(5) A prohibition contained in an instrument under subsection (1) has effect:
(a) if a period is specified in the instrument as being the period during which the prohibition is to have effect—during that period; or
(b) in any other case—at all times.
(7) An instrument under subsection (1) may provide that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1) or (1A).
(7A) Where:
(a) an instrument (the
subsequent instrument ) under subsection (1) revokes a previous instrument under that subsection; and(b) the subsequent instrument provides that the activities to which a prohibition contained in the subsequent instrument relates are activities in respect of which an entry may be made under subsection 21(1);
the subsequent instrument may also provide that entries made under subsection 21(1) that would, but for the revocation of the previous instrument, have had effect in relation to a specified prohibition contained in the previous instrument during any period or periods after the revocation are to have effect during that period or those periods in relation to the prohibition contained in the subsequent instrument.
(8) Where:
(a) an instrument under subsection (1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1); and
(b) an entry is made pursuant to subsection 21(1) in a licence granted under subsection 19(2) or (3) or in a Treaty endorsement in force in respect of a boat;
the prohibition does not apply in relation to the use of the boat during any period during which the entry has effect.
(8AA) Where:
(a) an instrument under subsection (1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1A); and
(b) an entry is made pursuant to subsection 21(1A) in a licence granted under subsection 19(4A) authorising activities in the course of commercial fishing without the use of a boat;
the prohibition does not apply in relation to authorised activities engaged in under the licence during any period in which the entry has effect.
(8A) Where an instrument makes provision as mentioned in subsection (7A), the entries referred to in the instrument have effect in accordance with the instrument.
(9) The Minister shall cause the contents of an instrument under subsection (1) to be published or broadcast in such manner as is prescribed.
(1AA) The Minister may, by legislative instrument, declare that a person must hold a master fisherman’s licence if:
(a) the person is in charge of a boat, or of a boat included in a class of boats specified in the instrument; and
(b) the boat is being used for the purpose of the taking, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, from any area of Australian jurisdiction or from an area of Australian jurisdiction specified in the instrument.
(1) The Minister may, by legislative instrument, declare that a licence under subsection 19(2) is required for the purpose of the taking, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of any boat or with the use of a boat included in a class of boats specified in the instrument, from any area of Australian jurisdiction or from an area of Australian jurisdiction specified in the instrument.
(1A) The Minister may, by legislative instrument, declare that a licence under subsection 19(4A) is required for the purpose of the taking, in the course of community fishing without the use of a boat, of fish, or fish included in a class of fish specified in the instrument, from any area of Australian jurisdiction or from an area of Australian jurisdiction specified in the instrument.
(2) An instrument made under this section comes into force on the day specified for the purpose in the instrument, being a day not earlier than one month after the making of the instrument.
(3) The Minister shall cause the contents of an instrument made under this section to be published or broadcast in such manner as is prescribed.
(1) An application for a licence under section 19 or for the renewal, transfer or the making of an entry in, such a licence shall be in accordance with the form approved by the Minister from time to time as the appropriate form for the making of the application.
(2) A licence under section 19, a renewal or transfer of such a licence, an entry in such a licence, a Treaty endorsement and an entry in a Treaty endorsement shall be in accordance with a form approved by the Minister from time to time.
(1) Subject to subsection (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a master fisherman’s licence authorising the person to be in charge of a boat that is being used for commercial fishing in areas of Australian jurisdiction.
(2) Subject to subsections (4) and (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a licence in respect of a boat authorising the use of the boat for taking fish in the course of commercial fishing in areas of Australian jurisdiction and for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of the licensed boat.
(3) Subject to subsections (4) and (5), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, grant to a person a licence in respect of a boat authorising the use of that boat for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of another boat.
(3A) Without otherwise limiting the generality of subsections (2) and (3), the Minister may refuse to grant a licence under either of those subsections in respect of a boat if the Minister has reason to believe that a requirement of a law of the Commonwealth, or of a State or Territory, has not been complied with in relation to the boat.
(4) The Minister shall not grant a licence under subsection (2) or (3) in respect of a foreign boat or in respect of a boat in respect of which such a licence should not, in the opinion of the Minister, be granted without consultation with Papua New Guinea in accordance with Article 27 of the Torres Strait Treaty, unless:
(a) the Minister has notified the Papua New Guinea Minister that a licence is proposed to be granted under that subsection in respect of that boat; and
(b) the Papua New Guinea Minister has agreed to the granting of the licence.
(4A) Subject to subsection (5), the Minister may, upon application being made in accordance with the appropriate form, grant to a person a licence authorising the taking of fish in the course of commercial fishing without the use of a boat in areas of Australian jurisdiction and for carrying, or for processing and carrying, in areas of Australian jurisdiction, fish so taken.
(4B) Subject to subsection (5), the Minister may, upon application being made in accordance with the appropriate form, grant a person a licence to receive fish, the taking of which required a licence under subsection 19(2) or (4A) or a Treaty endorsement.
(5) Where:
(a) a fee is payable under this Act in respect of the grant to a person of a licence under subsection (1), (2), (3) or (4A); or
(b) levy is payable under the
Fisheries Levy Act 1984 on the grant to a person of a licence under subsection (2), (3) or (4A);the Minister shall not grant the licence unless the person tenders the amount of the fee or levy, as the case may be.
(1) Where, pursuant to Article 26 of the Torres Strait Treaty, the Papua New Guinea Minister nominates a boat in respect of which a Papua New Guinea licence is in force as being a boat in respect of which an endorsement should be made under this subsection, the Minister may, in his or her discretion, endorse the licence so as to authorise the use of the boat for:
(a) taking fish in the course of commercial fishing in areas of Australian jurisdiction and carrying, or processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of the licensed boat; or
(b) carrying, or processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of another boat.
(2) An endorsement of a Papua New Guinea licence made under this section comes into force on the day on which the endorsement is made and remains in force until the endorsement is revoked or until the Papua New Guinea licence ceases to be in force, whichever first occurs.
(3) The Minister may, in his or her discretion, by notice in writing served on the holder of a licence in respect of which a Treaty endorsement is in force, revoke the endorsement.
(4) The Minister may, in his or her discretion, upon application being made in accordance with the appropriate form by the holder of a licence in force under section 19 in respect of a boat, nominate, by writing given to the Papua New Guinea Minister, the boat as being a boat in respect of which an endorsement should be made pursuant to Article 26 of the Torres Strait Treaty.
(1) Subject to subsection (3A), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, make an entry in a licence granted under subsection 19(2) or (3) or in a Treaty endorsement so as to extend the licence or endorsement, as the case may be, to authorise the use of the boat in respect of which the licence or endorsement, as the case may be, is in force for engaging, at any time or during a period specified in the entry, in activities in the course of commercial fishing that are prohibited by a prohibition contained in an instrument in force under subsection 16(1) to which subsection 16(7) relates, being an instrument identified in the entry.
(1A) Subject to subsection (3A), the Minister may, upon application being made in accordance with the appropriate form, make an entry in a licence granted under subsection 19(4A) so as to extend the licence to authorise, at any time or during a period specified in the entry, activities in the course of commercial fishing without the use of a boat that are prohibited by a prohibition contained in an instrument in force under subsection 16(1) to which subsection 16(7) relates, being an instrument identified in the entry.
(2) Subject to subsection (3A), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form, make an entry in a licence granted under subsection 19(2) or (3) in respect of a foreign boat or in a Treaty endorsement so as to extend the licence or endorsement, as the case may be, to authorise the boat in respect of which the licence or endorsement, as the case may be, is in force:
(a) to be brought, at any time or at a time specified in the entry, into a place specified in the entry, being a place in Australia that is within the Protected Zone; or
(b) to be brought, at any time or at a time specified in the entry, into a place in Australia specified in the entry and to authorise the landing at that place of fish carried on board the boat at the time when the boat is brought into that place.
(3) An entry in a licence or in a Treaty endorsement may be made at the time when the licence is granted or the endorsement is made, as the case may be, or at any later time.
(3A) Where:
(a) a fee is payable under this Act in respect of the making under subsection (1), (1A) or (2) of an entry in a licence granted under subsection 19(2), (3) or (4A); or
(b) levy is payable under the
Fisheries Levy Act 1984 on the making under subsection (1) or (1A) of this section of an entry in a licence granted under subsection 19(2), (3) or (4A);the Minister shall not make the entry unless the holder of the licence tenders the amount of the fee or levy, as the case may be.
(4) An entry made in a licence or in a Treaty endorsement under this section comes into force on the day on which the entry is made and, subject to subsections (5) and (6), remains in force until the licence or endorsement, as the case may be, ceases to be in force.
(5) The Minister may, in his or her discretion, by notice in writing given to the holder of a licence or Treaty endorsement in which an entry has been made under this section, suspend the entry for a period specified in the notice or revoke the entry.
(6) The Minister may, by notice in writing given to the holder of a licence or Treaty endorsement in which an entry has been made under this section, vary the entry.
(7) An entry made in a licence or in a Treaty endorsement under this section ceases to be in force if the holder of the licence or endorsement, as the case may be, by notice in writing given to the Minister, surrenders the entry.
(1) A licence granted under section 19 or a Treaty endorsement is subject to such conditions as are specified in the licence or endorsement, as the case may be.
(2) The Minister may, by notice in writing given to the holder of a licence under section 19 or of a Treaty endorsement, vary or revoke a condition of the licence or endorsement, as the case may be, or specify further conditions to which the licence or endorsement, as the case may be, is to be subject.
(3) A variation or revocation of a condition of a licence or of a Treaty endorsement under subsection (2) or an imposition of a further condition under that subsection takes effect on the day on which the notice relating to that condition is given.
(1) A licence granted under section 19 (other than a licence that has been renewed under section 24) comes into force on the day specified for the purpose in the licence or, if no day is specified, on the day on which the licence is granted and, subject to subsection (3) and to section 26, remains in force until the day specified for the purpose in the licence, being a day in the period of 12 months commencing on the day on which the licence comes into force or, if regulations for the purposes of this subsection specify a different period in relation to all licences to which this subsection applies, or in relation to a class of those licences that includes the licence, a day in the period so specified.
(2) Where a licence is renewed under section 24 (whether or not the licence has previously been renewed), the licence remains in force, subject to subsection (3) and to section 26, until the day specified for the purpose in the renewal, being a day in the period of 12 months commencing on the day on which the licence, the renewal of the licence or the last renewal of the licence, as the case requires, ceased to be in force or, if regulations for the purposes of this subsection specify a different period in relation to all licences to which this subsection applies, or in relation to a class of those licences that includes the licence, a day in the period so specified.
(3) A licence granted under section 19 ceases to be in force if the holder of the licence, by notice in writing given to the Minister, surrenders the licence.
(1) Subject to subsection (2), the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form by the holder of a licence granted under section 19 not earlier than 2 months before or later than 3 months after the expiration of the period for which the licence was granted, renewed or last renewed, as the case requires, renew the licence with effect from the expiration of the last‑mentioned period.
(2) Where:
(a) a fee is payable under this Act in respect of the renewal under subsection (1) of a licence granted under section 19; or
(b) levy is payable under the
Fisheries Levy Act 1984 on the renewal under subsection (1) of this section of a licence granted under subsection 19(2), (3) or (4A);the Minister shall not renew the licence unless the holder of the licence tenders the amount of the fee or levy, as the case may be.
(1) Subject to subsection (2) and to any condition of a licence relating to the transfer of the licence, the Minister may, in his or her discretion, upon application being made in accordance with the appropriate form by the holder of a licence granted under subsection 19(2), (3), (4A) or (4B) and by another person as proposed transferee, transfer the licence to the other person.
(1A) The Minister may, under subsection (1), make a temporary transfer of a licence.
(2) Where a fee is payable under this Act in respect of the transfer under subsection (1) of a licence granted under section 19, the Minister shall not transfer the licence unless the holder of the licence tenders the amount of the fee.
(1) Subject to subsection (2) and to any condition of a licence relating to the variation of the licence, the Minister may, in the Minister’s discretion, upon application being made in accordance with the appropriate form by the holder of a licence granted under section 19 in respect of a boat, vary the licence by omitting the name of the boat and substituting the name of another boat.
(2) Where:
(a) a fee is payable under this Act in respect of the variation under subsection (1) of a licence granted under section 19; or
(b) levy is payable under the
Fisheries Levy Act 1984 on the variation under subsection (1) of this section of a licence granted under subsection 19(2) or (3);the Minister shall not vary the licence unless the holder of the licence tenders the amount of the fee or levy, as the case may be.
(1) The Minister may, in his or her discretion, by notice in writing given to the holder of a licence granted under section 19, suspend the licence if he or she has reasonable grounds to believe that:
(a) there has been a contravention of, or a failure to comply with, a condition to which the licence is subject;
(aa) a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has, after the commencement of subsection 32(1) of the
Fishing Legislation Amendment Act 1987 :
(i) refused or failed to provide information required by an instrument under subsection 14(1), (1A), (2), (2A) or (3) to be provided by that person in the manner in which the information was required by the instrument to be provided; or
(ii) in purported compliance with an instrument under subsection 14(1), (1A), (2), (2A) or (3), provided information that was, to the knowledge of the person, false or misleading in a material particular;
(b) a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has done an act that the person was prohibited from doing by an instrument in force under subsection 14(6), (6A), (7) or (8) or 16(1); or
(c) in an application under this Act relating to the licence, the holder of the licence made a statement or furnished information that was, to his or her knowledge, false or misleading in a material particular;
not being an act or omission in relation to which he or she has previously exercised his or her powers under this subsection.
(2) Where a licence is suspended under subsection (1), the suspension, unless it is revoked, ceases:
(a) if proceedings for an offence against this Act in relation to the alleged act or omission referred to in paragraph (1)(a), (aa), (b) or (c), as the case may be, are instituted against the holder of the licence or a person acting on behalf of the holder of the licence within one month after the suspension—on completion of the proceedings; or
(b) in any other case—on the expiration of one month after the suspension.
(3) The Minister may, at any time, by notice in writing given to the holder of a licence suspended under subsection (1), revoke the suspension.
(4) The Minister may, in his or her discretion, by notice in writing given to the holder of a licence under section 19, cancel the licence if:
(a) the holder of the licence is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a law of Papua New Guinea or of a State or Territory relating to fishing; and
(b) in the case of a licence in respect of a boat—during any period during which the holder held the licence in respect of the boat another person is convicted of an offence of a kind referred to in paragraph (a) in relation to the use of the boat.
(5) The Minister may, in his or her discretion, by notice in writing given to the holder of a licence granted under section 19, cancel or suspend the licence if, within such period as is specified in the notice:
(a) payment of a fee, levy or other money relating to the licence is not made; or
(b) the holder of the licence does not enter into an arrangement satisfactory to the Minister in relation to payment of a fee, levy or other money.
(6) If a cheque is tendered to the Minister as payment of all or part of a fee, levy or other money relating to a licence, payment is taken not to have been made unless the cheque is honoured on presentation.
Note: Licences may also be suspended or revoked if the licensee accrues a prescribed number of demerit points under a demerits points system established under section 54C.
(1) Such fees (if any) as are prescribed are payable in respect of the following:
(a) the grant of a licence under section 19;
(b) the making of an entry in a licence of that kind;
(c) the transfer of a licence of that kind;
(ca) the variation of a licence of that kind;
(d) the renewal of a licence of that kind.
(2) Where:
(a) a person has, in accordance with subsection 23(3), surrendered a licence granted under this Act in respect of a boat; and
(b) the person had, at the time when he or she surrendered the licence, notified the Minister that he or she intended to apply for another licence under this Act in respect of another boat;
the Minister may direct that the fee that would be payable in respect of the grant of that other licence is to be reduced by an amount that, in the opinion of the Minister, is appropriate, and where the Minister gives such a direction, that fee shall be reduced by that amount.
(3) Regulations made for the purpose of subsection (1) may prescribe different fees, or prescribe different methods of calculating fees, in respect of:
(a) licences included in different classes of licences; and
(b) entries in licences included in different classes of entries in licences.
Nothing in this Act prevents the exercise of any of the powers of a person under this Part (other than powers of the Minister) by another person having authority as agent, trustee or otherwise to exercise that power or powers that include that power.
(1) In this Part, unless the contrary intention appears:
Chairperson of the TSRA means:
(a) subject to paragraph (b), the person for the time being holding office as Chairperson of the TSRA pursuant to an election held under section 143L of the
Aboriginal and Torres Strait Islander Act 2005 ; or(b) if a person is acting as Chairperson of the TSRA—the person so acting.
Commonwealth Minister means the Minister for the time being administering this Act.
fishery means a class of activities by way of fishing, being a class of activities that is identified in an arrangement under this Part as a fishery to which the arrangement applies.
Protected Zone Joint Authority means the Authority established by section 30.
Protected Zone Joint Authority fishery means a fishery in respect of which there is in force an arrangement under this Part under which the fishery is to be under the management of the Protected Zone Joint Authority.
Queensland Minister means:
(a) in a case to which paragraph (b) does not apply—the Minister of the Crown of Queensland for the time being administering the laws of Queensland relating to marine fishing in the Protected Zone; and
(b) in a case where there is in force an appointment made for the purposes of this Act by the Governor in Council of Queensland of another Minister of the Crown of Queensland—that other Minister.
TSRA means the Torres Strait Regional Authority established by section 142 of theAboriginal and Torres Strait Islander Act 2005 .
(2) References in this Part to waters adjacent to Queensland shall be read as references to:
(a) the Protected Zone coastal waters of Queensland;
(b) waters (not being waters to the north of the line described in Annex 8 to the Torres Strait Treaty) within the Protected Zone that are adjacent to the Protected Zone coastal waters of Queensland; and
(c) waters (other than the Protected Zone coastal waters of Queensland) within an area in respect of which a Proclamation under subsection 15(1) or (2) is in force.
(3) Without limiting the matters by reference to which a fishery may be identified in an arrangement under this Part, those matters include all or any of the following:
(a) a species of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a kind or class of vessels;
(f) a class of persons;
(g) a purpose for which activities are carried on.
(4) A power or function conferred by this Part on the Governor of Queensland shall be taken to be conferred on the Governor of Queensland acting by and with the advice of the Executive Council of Queensland.
(1) The functions and powers of the Commonwealth Minister under this Part, including his or her functions and powers as a member of the Protected Zone Joint Authority, may be performed and exercised by another Minister of the Commonwealth acting for and on behalf of the Commonwealth Minister, and references in this Part to the Commonwealth Minister shall be read as including references to a Minister so acting.
(2) The functions and powers of the Queensland Minister under this Part as a member of the Protected Zone Joint Authority may be performed and exercised by a Minister of the Crown of Queensland acting for and on behalf of the Queensland Minister, and references in this Part to the Queensland Minister shall be read as including references to a Minister so acting.
(1) For the purposes of this Act there is established an Authority to be known as the Protected Zone Joint Authority.
(2) The Protected Zone Joint Authority consists of:
(a) the Commonwealth Minister; and
(b) the Queensland Minister; and
(c) the Chairperson of the TSRA.
(3) The Protected Zone Joint Authority has such functions in relation to fisheries in respect of which arrangements are made under section 31 as are conferred on it by this Part and by the law of Queensland.
(4) The Commonwealth Minister may, by writing under his or her hand, appoint a person or persons to be his or her deputy or deputies.
(5) The Minister of the Crown of Queensland for the time being administering the laws of Queensland relating to marine fishing in the Protected Zone may, by writing under his or her hand, appoint a person or persons to be the deputy or deputies of the Queensland Minister.
(5A) The Chairperson of the TSRA may, by writing signed by him or her, appoint a person or persons to be his or her deputy or deputies.
(5B) An appointment made under subsection (5A) by the person referred to in paragraph (a) of the definition of
Chairperson of the TSRA in subsection 28(1) does not have any effect while a person is acting as Chairperson of the TSRA.(5C) An appointment made under subsection (5A) by a person who is acting as Chairperson of the TSRA only has effect when the person is so acting.
(5D) If, under subsection (4), (5) or (5A), an instrument appoints 2 or more persons to be the deputies of a member of the Protected Zone Joint Authority, the instrument may specify conditions as to when a particular person or particular persons appointed are to perform the duties and functions and exercise the powers of the deputy of the member, including a condition that another person or other persons specified in the instrument are not available to perform those functions and duties and exercise those powers.
(6) A deputy of a member of the Protected Zone Joint Authority is entitled, in the absence from a meeting of the Protected Zone Joint Authority of the member and of the other deputy or deputies (if any) of the member, to attend that meeting and, when so attending, shall be deemed to be a member.
(7) All courts and persons acting judicially shall take judicial notice of the signature of a person who is or has been a member of the Protected Zone Joint Authority or a deputy of such a member and of the fact that he or she is, or was at a particular time, such a member or deputy.
(1) Subject to this section, the Commonwealth may make an arrangement with Queensland that the Protected Zone Joint Authority is to have the management of a particular fishery in waters adjacent to Queensland.
(2) An arrangement under subsection (1) shall provide either that:
(a) the fishery (being a fishery wholly or partly in the Protected Zone coastal waters of Queensland) is to be managed in accordance with the law of the Commonwealth; or
(b) the fishery (being a fishery wholly or partly in waters on the seaward side of the Protected Zone coastal waters of Queensland) is to be managed in accordance with the law of Queensland.
(3) Subject to this section, the Commonwealth may make an arrangement with Queensland with respect to a particular fishery in waters adjacent to Queensland, not being a fishery to which an arrangement under subsection (1) applies:
(a) that the fishery (being a fishery wholly or partly in the Protected Zone coastal waters of Queensland) is to be managed by the Commonwealth in accordance with the law of the Commonwealth; or
(b) that the fishery (being a fishery wholly or partly in waters on the seaward side of the Protected Zone coastal waters of Queensland) is to be managed by Queensland in accordance with the law of Queensland.
(4) An arrangement made under this section in relation to fishing for sedentary organisms has no effect in waters (other than the Protected Zone coastal waters of Queensland) that are to the north of the line described in Annex 5 of the Torres Strait Treaty.
(1) An arrangement under this Part shall be made by instrument in writing approved by the Governor‑General and the Governor of Queensland.
(2) An arrangement under this Part may be terminated by instrument in writing approved by the Governor‑General and the Governor of Queensland.
(3) The Commonwealth Minister shall cause a copy of every instrument approved in accordance with subsection (1) or (2) to be published in the
Gazette , and such an instrument takes effect on the date of publication or, if a later date is specified in the instrument, on that later date.(4) A party to an arrangement under this Part may:
(a) in the case of the Commonwealth—with the approval of the Governor‑General; or
(b) in the case of Queensland—with the approval of the Governor of Queensland;
give notice in writing to the other party that the party giving the notice desires the arrangement to terminate upon a date specified in the notice, not being earlier than 6 months after the day on which the notice is given.
(5) Where a party has duly given a notice in accordance with subsection (4), the Commonwealth Minister shall, not less than 3 months before the date specified in the notice, cause to be published in the
Gazette a notice stating that, by reason of notice of termination given by that party, the arrangement concerned will cease to have effect on that date and, where the Commonwealth Minister has caused a notice to be so published, the arrangement ceases to have effect on that date.(6) An arrangement under this Part may provide that, for the purposes of the application of subsection (4) in respect of the arrangement, a longer or shorter period is to be substituted for the period of 6 months referred to in that subsection and may further provide that, for the purposes of the application of subsection (5) in respect of the arrangement, a longer or shorter period is to be substituted for the period of 3 months referred to in that subsection.
(7) After an arrangement under this Part has been made but before the arrangement takes effect, licences, entries, permits or other instruments may be made, granted, executed or published for the purposes of the operation of this Act as affected by the arrangement, as if the arrangement had taken effect, but such an instrument does not have effect before the arrangement takes effect.
(8) Upon the termination of an arrangement under this Part, licences, entries, permits and other instruments made, granted, executed or published for the purposes of the operation of this Act as affected by the arrangement cease to have effect.
(9) After action for the purpose of the termination of an arrangement under this Part has been taken, but before the termination takes effect, licences, entries, permits or other instruments may be made, granted, executed or published for the purposes of the operation of this Act as affected by the termination of the arrangement, as if the arrangement had been terminated, but such an instrument does not have effect before the termination of the arrangement takes effect.
(1) Where there is in force an arrangement under this Part that provides that a particular fishery is to be managed in accordance with the law of Queensland, the provisions of this Act (other than this Part) do not apply to or in relation to that fishery except:
(a) in the case of a fishery that is to be managed by the Protected Zone Joint Authority—in relation to foreign boats in relevant waters, operations on and from foreign boats in relevant waters and matters that occurred before the arrangement took effect; and
(b) in the case of a fishery that is to be managed by Queensland—in relation to boats (other than Australian boats) in relevant waters, operations on and from boats of that kind in relevant waters and matters that occurred before the arrangement took effect.
(2) In subsection (1),
relevant waters means waters in the Protected Zone or in an area in respect of which a Proclamation is in force under subsection 15(1) or (2) that are beyond the outer limits of the Protected Zone coastal waters of Queensland.
Where there is in force an arrangement under this Part under which the Protected Zone Joint Authority has the management of a fishery and the fishery is to be managed in accordance with the law of the Commonwealth, the Protected Zone Joint Authority has the functions of:
(a) keeping constantly under consideration the condition of the fishery;
(b) formulating policies and plans for the good management of the fishery; and
(c) for the purposes of the management of the fishery:
(i) exercising the powers conferred on it by this Part; and
Note: This clause corresponds closely to section 336D of the
Migration Act 1958 .
(1) A person commits an offence if:
(a) the person’s conduct causes disclosure of identifying information; and
(b) the disclosure is not a permitted disclosure.
Penalty: Imprisonment for 2 years.
(1A) This clause does not apply if the person believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the person or of any other person.
Note: A defendant bears an evidential burden in relation to the matter in subclause (1A) (see subsection 13.3(3) of the
Criminal Code ).(2) A
permitted disclosure is a disclosure that:
(a) is for the purpose of data‑matching in order to:
(i) identify, or authenticate the identity of, a person; or
(ii) facilitate the processing of persons entering or departing from Australia; or
(iii) identify non‑citizens who have a criminal history, who are of character concern (as defined in the
Migration Act 1958 ) or who are of national security concern; or(iv) combat document and identity fraud in immigration matters; or
(v) ascertain whether an applicant for a protection visa had sufficient opportunity to avail himself or herself of protection before arriving in Australia; or
(vi) inform the governments of foreign countries of the identity of non‑citizens who are, or are to be, removed from Australia; or
(b) is for the purpose of administering or managing the storage of identifying information; or
(c) is authorised under clause 54 and is for the purpose, or one or more of the purposes, for which the disclosure is authorised; or
(d) is for the purpose of making the identifying information in question available to the person to whom it relates; or
(da) is to an agency of the Commonwealth or of a State or Territory in order to verify that a person is an Australian citizen or holds a visa of a particular class; or
(e) takes place under an arrangement entered into with an agency of the Commonwealth, or with a State or Territory or an agency of a State or Territory, for the exchange of identifying information; or
(ea) is reasonably necessary for the enforcement of the criminal law of the Commonwealth or of a State or Territory; or
(eb) is required by or under a law of the Commonwealth or of a State or Territory; or
(f) is for the purpose of a proceeding, before a court or tribunal, relating to the person to whom the identifying information in question relates; or
(g) is for the purpose of an investigation by the Information Commissioner or the Ombudsman relating to action taken by the Department; or
(h) is made to a prescribed body or agency for the purpose of the body or agency inquiring into the operation of provisions of this Act relating to:
(i) carrying out an identification test; or
(ii) requiring the provision of a personal identifier; or
(ha) is a disclosure of an audio or a video recording for the purposes of:
(i) this Act or the regulations; and
(ii) transcribing or translating the recording, or conducting language analysis or accent analysis of the recording; or
(i) takes place with the written consent of the person to whom the identifying information in question relates; or
(j) is a disclosure authorised by clause 59 (about disclosure of information about a person who has been in detention, for the purposes of the immigration detention or removal of the person).
(3) However, a disclosure is not a permitted disclosure if:
(a) it is a disclosure of identifying information relating to a personal identifier of a prescribed type; and
(b) it is for the purpose of:
(i) investigating an offence against a law of the Commonwealth or a State or Territory; or
(ii) prosecuting a person for such an offence.
Note: This clause corresponds closely to section 336E of the
Migration Act 1958 .
(1) AFMA may, in writing, authorise a specified officer or detention officer, any officer or detention officer included in a specified class of officers or detention officers, or an Agency (as defined in the
Public Service Act 1999 ) prescribed by the regulations, to disclose identifying information of the kind specified in the authorisation to one or more of the following:
(a) one or more specified foreign countries;
(b) one or more specified bodies each of which is:
(i) a police force or police service of a foreign country; or
(ii) a law enforcement body of a foreign country; or
(iii) a border control body of a foreign country;
(c) one or more specified international organisations, or specified organisations of foreign countries, that are responsible for fisheries matters;
(d) one or more prescribed bodies of a foreign country, of the Commonwealth or of a State or Territory;
(e) one or more prescribed international organisations.
(2) AFMA must specify in the authorisation, as the purpose or purposes for which disclosure is authorised, one or more of the purposes set out in subclause 26(3).
Note: This clause corresponds closely to subsections 336F(1) and (2) of the
Migration Act 1958 .
A person commits an offence if:
(a) the person causes any unauthorised modification of identifying information; and
(b) the person intends to cause the modification; and
(c) the person knows that the modification is unauthorised.
Penalty: Imprisonment for 2 years.
A person commits an offence if:
(a) the person causes any unauthorised impairment of:
(i) the reliability of identifying information; or
(ii) the security of the storage of identifying information; or
(iii) the operation of a system by which identifying information is stored; and
(b) the person intends to cause the impairment; and
(c) the person knows that the impairment is unauthorised.
Penalty: Imprisonment for 2 years.
(1) In this Division:
(a) modification of identifying information; or
(b) impairment of the reliability of identifying information; or
(c) impairment of the security of the storage of identifying information; or
(d) impairment of the operation of a system by which identifying information is stored;
by a person is unauthorised if the person is not entitled to cause that modification or impairment.
(2) Any such modification or impairment caused by the person is not unauthorised merely because he or she has an ulterior purpose for causing it.
(3) For the purposes of an offence under this Division, a person causes any such unauthorised modification or impairment if the person’s conduct substantially contributes to it.
(4) For the purposes of subclause (1), if:
(a) a person causes any modification or impairment of a kind mentioned in that subclause; and
(b) the person does so under a warrant issued under the law of the Commonwealth, a State or a Territory;
the person is entitled to cause that modification or impairment.
Note: This clause corresponds closely to section 336J of the
Migration Act 1958 .
Identifying information may be indefinitely retained.
Note: This clause corresponds closely to paragraph 336L(1)(a) of the
Migration Act 1958 , because under this Schedule identifying information will always be about someone who is or has been in detention.
(1) For the purposes described in subclause (2), an agency or organisation that is or has been responsible for the detention of an individual may disclose personal information about the individual to an agency, or organisation, that is or will be responsible for:
(a) taking the individual into immigration detention; or
(b) keeping the individual in immigration detention; or
(c) causing the individual to be kept in immigration detention; or
(d) the removal of the individual.
(2) The purposes are:
(a) the immigration detention of the individual; and
(b) the removal of the individual; and
(c) the welfare of the individual while in immigration detention or while being removed.
(3) In this clause:
agency has the same meaning as in thePrivacy Act 1988 .
immigration detention has the same meaning as in theMigration Act 1958 .
organisation has the same meaning as in thePrivacy Act 1988 .
personal information has the same meaning as in thePrivacy Act 1988 .
removal has the same meaning as in theMigration Act 1958 .
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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to 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 |
Torres Strait Fisheries Act 1984 | 23, 1984 | 26 Apr 1984 | 15 Feb 1985 ( | |
Fishing Legislation Amendment Act (No. 2) 1984 | 152, 1984 | 25 Oct 1984 | 31 Aug 1985 ( | — |
Fishing Legislation Amendment Act 1985 | 29, 1985 | 22 May 1985 | 31 Aug 1985 ( | — |
Fishing Legislation Amendment Act 1987 | 176, 1987 | 26 Dec 1987 | ss. 26, 27(1), 28–31, 32(1), 33, 34, 35(1), 36 and 37: 23 Jan 1988 ss. 27(2), (3), 32(2) and 35(2): 24 Feb 1988 | ss. 27(3), 28(2) and 36(2) |
Fisheries Legislation (Consequential Provisions) Act 1991 | 163, 1991 | 10 Nov 1991 | ss. 1 and 2: Royal Assent Remainder: 3 Feb 1992 ( | s. 5 |
| ||||
| 43, 1996 | 25 Oct 1996 | Schedule 3 (item 26): 10 Nov 1991 | — |
Evidence (Transitional Provisions and Consequential Amendments) Act 1995 | 3, 1995 | 23 Feb 1995 | s. 14: Royal Assent Schedule: 18 Apr 1995 | s. 14 |
Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Schedule 5 (items 150–152): Royal Assent | — |
Fisheries Legislation Amendment Act 1997 | 120, 1997 | 7 July 1997 | 7 July 1997 | — |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 401–407, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
Agriculture, Fisheries and Forestry Legislation Amendment (Application of Criminal Code) Act 2001 | 115, 2001 | 18 Sept 2001 | 16 Oct 2001 | s. 4 |
Torres Strait Fisheries Amendment Act 2002 | 103, 2002 | 10 Nov 2002 | 11 Nov 2002 | — |
Border Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Act 2005 | 103, 2005 | 23 Aug 2005 | Schedule 1 (items 1, 2, 35–45) and Schedule 2 (items 1–9): 24 Aug 2005 Schedule 1 (items 3–33) and Schedule 2 (items 10–12): 30 Nov 2005 ( Schedule 1 (item 34): Remainder: Royal Assent | — |
Fisheries Legislation Amendment (Foreign Fishing Offences) Act 2006 | 61, 2006 | 22 June 2006 | Schedules 1 and 2: 23 June 2006 Remainder: Royal Assent | — |
Migration Legislation Amendment (Information and Other Measures) Act 2007 | 63, 2007 | 15 Apr 2007 | Schedule 1 (items 45–61): 1 May 2007 ( | Sch. 1 (items 60, 61) |
Fisheries Legislation Amendment Act 2007 | 104, 2007 | 28 June 2007 | Schedule 3 (items 1–284): 26 July 2007 Schedule 3 (items 285–320): 28 June 2008 | — |
| ||||
| 73, 2008 | 3 July 2008 | Schedule 2 (item 22): 26 July 2007 (s 2(1) item 57) | — |
Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008 | 36, 2008 | 24 June 2008 | Sch 1 (items 118–134): 1 July 2008 (s 2(1) item 2) Sch 2 (items 13–18): 22 July 2008 (s 2(1) item 3) | — |
Personal Property Securities (Consequential Amendments) Act 2009 | 131, 2009 | 14 Dec 2009 | Sch 1 (items 19, 20): 30 Jan 2012 (s 2(1) item 1) | — |
Fisheries Legislation Amendment Act 2010 | 39, 2010 | 13 Apr 2010 | Sch 2: 11 May 2010 (s 2(1) item 2) | — |
Freedom of Information Amendment (Reform) Act 2010 | 51, 2010 | 31 May 2010 | Sch 5 (items 77, 78) and Sch 7: 1 Nov 2010 (s 2(1) item 7) | Sch 7 |
Personal Property Securities (Corporations and Other Amendments) Act 2010 | 96, 2010 | 6 July 2010 | Sch 3 (item 29): 30 Jan 2012 (s 2(1) item 18) | — |
Maritime Powers (Consequential Amendments) Act 2013 | 16, 2013 | 27 Mar 2013 | Sch 5: 27 Mar 2014 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 1) 2015 | 5, 2015 | 25 Feb 2015 | Sch 3 (items 205, 206): 25 Mar 2015 (s 2(1) item 10) | — |
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 | 41, 2015 | 20 May 2015 | Sch 5 (item 171) and Sch 9: 1 July 2015 (s 2(1) items 2, 7) | Sch 9 |
| ||||
| 115, 2017 | 30 Oct 2017 | Sch 1 (item 26): 1 July 2015 (s 2(1) item 2) | — |
Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 | 62, 2015 | 16 June 2015 | Sch 2 (items 54, 55) and Sch 4: 16 June 2016 (s 2(1) items 2, 4) Sch 3: 16 June 2015 (s 2(1) item 3) | Sch 3 and Sch 4 |
| ||||
| 93, 2017 | 23 Aug 2017 | Sch 2 (item 9): 20 Sept 2017 (s 2(1) item 4) | — |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 321, 434–438): 10 Mar 2016 (s 2(1) item 6) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 | 38, 2024 | 31 May 2024 | Sch 5 (item 6): 14 Oct 2024 (s 2(1) item 2) | — |
(a) TheTorres Strait Fisheries Act 1984 was amended by sections 26–37 only of theFishing Legislation Amendment Act 1987 , subsections 2(1) and (3) of which provide as follows:
(1) Subject to subsections (2) and (3), this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(3) Subsections 27(2) and (3), 32(2) and 35(2) shall come into operation on the sixtieth day after the day on which this Act receives the Royal Assent.
(b) TheFisheries Legislation (Consequential Provisions) Act 1991 was amended by Schedule 3 (item 26) only of theStatute Law Revision Act 1996 , subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(c) TheTorres Strait Fisheries Act 1984 was amended by the Schedule only of theEvidence (Transitional Provisions and Consequential Amendments) Act 1995 , subsections 2(1) and (13) of which provide as follows:
(1) This Part and Parts 2 and 3 commence on the day on which this Act receives the Royal Assent.
(13) Section 27 of this Act and the Schedule to this Act commence:
(a) on the day on which sections 153 and 155 of the
Evidence Act 1995 commence; or(b) if those sections commence on different days—the first day on which both of those sections are in force.
(d) TheTorres Strait Fisheries Act 1984 was amended by Schedule 5 (items 150–152) only of theStatute Law Revision Act 1996 , subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.
(e) Subsection 2(1) (item 5) of theBorder Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Act 2005 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Schedule 1, Part 3, Division 2 | The later of:
| 30 November 2005 (paragraph (b) applies) |
s 3............................................. | am No 163, 1991; No 43, 1996; No 137, 2000; No 103, 2005; No 61, 2006; No 104, 2007; No 36, 2008; No 131, 2009; No 39, 2010; No 96, 2010 |
s 4A........................................... | ad No 115, 2001 |
s 8............................................. | am No 104, 2007 |
s 9............................................. | am No 163, 1991 (as am. by No 43, 1996); No 43, 1996 |
rs No 104, 2007 | |
am No 36, 2008 | |
s 10............................................ | am No 104, 2007 |
s 12............................................ | am No 43, 1996; No 104, 2007; No 4, 2016 |
s 13............................................ | am No 43, 1996 |
s 14............................................ | am No 29, 1985; No 176, 1987; No 3, 1995; No 43, 1996; No 115, 2001; No 104, 2007; No 4, 2016 |
s 15............................................ | am No 43, 1996 |
s 15A......................................... | ad No 120, 1997 |
am No 104, 2007; No 38, 2024 | |
s 16............................................ | am No 176, 1987; No 3, 1995; No 43, 1996; No 104, 2007 |
s 17............................................ | am No 3, 1995; No 104, 2007 |
s 19............................................ | am No 152, 1984; No 29, 1985; No 176, 1987; No 43, 1996; No 104, 2007 |
s 20............................................ | am No 43, 1996; No 104, 2007 |
s 21............................................ | am No 152, 1984; No 29, 1985; No 176, 1987; No 43, 1996; No 104, 2007 |
s 23............................................ | am No 29, 1985; No 176, 1987 |
s 24............................................ | am No 152, 1984; No 29, 1985; No 43, 1996; No 104, 2007 |
s 25............................................ | am No 152, 1984; No 43, 1996; No 104, 2007 |
s 25A......................................... | ad No 29, 1985 |
s 26............................................ | am No 176, 1987; No 43, 1996; No 104, 2007 |
s 27............................................ | am No 29, 1985; No 43, 1996 |
s 27A......................................... | ad No 176, 1987 |
Part V heading............................ | rs No 104, 2007 |
s 28............................................ | am No 103, 2002; No 104, 2007 |
s 29............................................ | am No 43, 1996 |
s 30............................................ | am No 43, 1996; No 103, 2002 |
s 32............................................ | am No 104, 2007 |
s 34............................................ | am No 163, 1991 |
s 35............................................ | am No 104, 2007 |
s 36............................................ | am No 152, 1984; No 29, 1985; No 104, 2007 |
s 37............................................ | am No 104, 2007 |
s 38............................................ | am No 163, 1991; No 43, 1996; No 104, 2007; No 36, 2008 |
s 40............................................ | am No 43, 1996; No 103, 2002 |
Division 1 heading...................... | ad No 103, 2005 |
s 42............................................ | am No 152, 1984; No 29, 1985; No 176, 1987; No 163, 1991; No 43, 1996; No 115, 2001; No 103, 2005; No 61, 2006; No 104, 2007; No 16, 2013 |
ss 42AA, 42AB........................... | ad No 104, 2007 |
s 42A......................................... | ad No 103, 2005 |
am No 103, 2005 | |
rep No 16, 2013 | |
s 43............................................ | am No 152, 1984; No 29, 1985; No 176, 1987; No 43, 1996; No 137, 2000; No 115, 2001; No 103, 2005; No 104, 2007; No 16, 2013 |
ss 43A, 43B................................ | ad No 104, 2007 |
Division 1A................................ | ad No 104, 2007 |
ss 43C–43H................................ | ad No 104, 2007 |
ss 43J–43N................................. | ad No 104, 2007 |
s 43P.......................................... | ad No 104, 2007 |
Division 2 heading...................... | ad No 103, 2005 |
s 44............................................ | am No 152, 1984; No 29, 1985; No 43, 1996; No 115, 2001; No 104, 2007; No 4, 2016 |
s 45............................................ | am No 152, 1984; No 29, 1985; No 43, 1996; No 115, 2001; No 104, 2007; No 4, 2016 |
s 46............................................ | am No 152, 1984; No 29, 1985; No 115, 2001; No 104, 2007; No 4, 2016 |
s 46AA...................................... | ad No 104, 2007 |
rs No 39, 2010 | |
ss 46A–46D................................ | ad No 61, 2006 |
am No 104, 2007 | |
s 47............................................ | am No 29, 1985; No 43, 1996; No 115, 2001; No 104, 2007 |
s 48............................................ | am No 29, 1985; No 115, 2001; No 104, 2007 |
s 49............................................ | am No 29, 1985; No 115, 2001; No 61, 2006; No 104, 2007; No 4, 2016 |
ed C30 | |
s 49A......................................... | ad No 61, 2006 |
am No 104, 2007 | |
s 50............................................ | am No 29, 1985; No 163, 1991; No 115, 2001; No 104, 2007; No 41, 2015; No 4, 2016 |
s 51............................................ | am No 152, 1984; No 29, 1985; No 43, 1996; No 115, 2001; No 61, 2006; No 104, 2007; No 36, 2008; No 4, 2016 |
s 51A......................................... | ad No 61, 2006 |
am No 104, 2007; No 36, 2008 | |
Division 3 heading...................... | ad No 103, 2005 |
Subdivision A heading................. | ad No 103, 2005 |
s 52............................................ | am No 61, 2006; No 104, 2007 |
ss 52AAA–52AAC...................... | ad No 104, 2007 |
Subdivision B heading................. | rs No 104, 2007 |
Subdivision B............................. | ad No 103, 2005 |
s 52A......................................... | ad No 103, 2005 |
am No 61, 2006; No 104, 2007; No 16, 2013 | |
s 52AA...................................... | ad No 104, 2007 |
am No 16, 2013 | |
s 52AB....................................... | ad No 104, 2007 |
Subdivision BA........................... | ad No 104, 2007 |
ss 52AC–52AE........................... | ad No 104, 2007 |
Subdivision C heading................. | rs No 104, 2007 |
Subdivision C............................. | ad No 103, 2005 |
s 52B......................................... | ad No 103, 2005 |
rs No 104, 2007 | |
s 52C......................................... | ad No 103, 2005 |
am No 104, 2007; No 36, 2008 | |
s 52D......................................... | ad No 103, 2005 |
am No 62, 2015 | |
ss 52E, 52F................................. | ad No 103, 2005 |
am No 36, 2008 | |
s 52G......................................... | ad No 103, 2005 |
am No 36, 2008 | |
s 52H......................................... | ad No 103, 2005 |
s 52HA...................................... | ad No 104, 2007 |
Division 4.................................. | ad No 103, 2005 |
s 52I.......................................... | ad No 103, 2005 |
s 52J.......................................... | ad No 103, 2005 |
rs No 131, 2009 | |
Division 5 heading...................... | ad No 103, 2005 |
s 53............................................ | am No 4, 2016 |
s 53A......................................... | ad No 176, 1987 |
am No 137, 2000; No 5, 2015 | |
Division 6 heading...................... | ad No 103, 2005 |
s 54............................................ | am No 29, 1985; No 43, 1996; No 115, 2001; No 104, 2007; No 4, 2016 |
Division 7.................................. | ad No 103, 2005 |
s 54A......................................... | ad No 103, 2005 |
Division 8.................................. | ad No 104, 2007 |
ss 54B, 54C................................ | ad No 104, 2007 |
s 55............................................ | am No 29, 1985; No 137, 2000; No 61, 2006 |
s 55A......................................... | ad No 152, 1984 |
am No 29, 1985; No 163, 1991; No 104, 2007 | |
s 56A......................................... | ad No 176, 1987 |
am No 4, 2016 | |
s 57............................................ | am No 43, 1996; No 61, 2006; No 104, 2007 |
s 58............................................ | am No 43, 1996; No 104, 2007 |
s 60............................................ | am No 152, 1984; No 29, 1985; No 163, 1991; No 43, 1996; No 104, 2007 |
Schedule 1 heading (prev............. Schedule heading) | renum No 103, 2005 |
Schedule 2.................................. | ad No 103, 2005 |
c 1............................................. | ad No 103, 2005 |
c 2............................................. | ad No 103, 2005 |
cc 3–5........................................ | ad No 103, 2005 |
cc 6, 7........................................ | ad No 103, 2005 |
c 8............................................. | ad No 103, 2005 |
am No 61, 2006 | |
c 9............................................. | ad No 103, 2005 |
c 10........................................... | ad No 103, 2005 |
am No 61, 2006 | |
c 11........................................... | ad No 103, 2005 |
c 12........................................... | ad No 103, 2005 |
c 13........................................... | ad No 103, 2005 |
am No 61, 2006 | |
c 14........................................... | ad No 103, 2005 |
c 15........................................... | ad No 103, 2005 |
am No 61, 2006 | |
c 16........................................... | ad No 103, 2005 |
c 17........................................... | ad No 103, 2005 |
am No 36, 2008 | |
c 18........................................... | ad No 103, 2005 |
cc 19–21.................................... | ad No 103, 2005 |
c 22........................................... | ad No 103, 2005 |
c 23........................................... | ad No 103, 2005 |
c 24........................................... | ad No 103, 2005 |
c 25........................................... | ad No 103, 2005 |
c 26........................................... | ad No 103, 2005 |
am No 63, 2007 | |
c 27........................................... | ad No 103, 2005 |
cc 28–30.................................... | ad No 103, 2005 |
cc 31–37.................................... | ad No 103, 2005 |
c 38........................................... | ad No 103, 2005 |
am No 36, 2008 | |
cc 39–41.................................... | ad No 103, 2005 |
c 42........................................... | ad No 103, 2005 |
am No 51, 2010 | |
cc 43–46.................................... | ad No 103, 2005 |
cc 47, 48.................................... | ad No 103, 2005 |
c 49........................................... | ad No 103, 2005 |
am No 63, 2007 | |
c 50........................................... | ad No 103, 2005 |
cc 51, 52.................................... | ad No 103, 2005 |
am No 63, 2007 | |
c 53........................................... | ad No 103, 2005 |
am No 63, 2007; No 51, 2010 | |
c 54........................................... | ad No 103, 2005 |
cc 55–57.................................... | ad No 103, 2005 |
c 58........................................... | ad No 103, 2005 |
c 59........................................... | ad No 103, 2005 |
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