Australian Fisheries Management Authority – Register of Persons concerned about Plans of Management under Section 17A of the Fisheries Management Act 1991

Overview

The Australian Fisheries Management Authority – Register of Persons concerned about Plans of Management under Section 17A of the Fisheries Management Act 1991 was enacted to provide a mechanism for individuals and organisations to be notified about draft Management Plans. This initiative facilitates public engagement and ensures that stakeholders have the opportunity to provide input on plans that are developed under Section 17 of the Fisheries Management Act 1991. The register is maintained by the AFMA, and any personal information collected is managed in accordance with the Privacy Act 1988 and the Australian Privacy Principles. The policy objective of this register is to enhance transparency and inclusiveness in the management of fisheries by allowing interested parties to be informed about and participate in the planning process.

Scope and Application

The Australian Fisheries Management Authority (AFMA) has established a register under Section 17A of the Fisheries Management Act 1991 for persons and organisations interested in being notified about draft Management Plans. This invitation applies to any individual or entity that wishes to receive updates on the development of these plans, allowing them to maintain their interest in the management of fisheries resources. The register is intended to facilitate communication between AFMA and stakeholders who have expressed a specific interest in certain management plans or in the general processes of plan development. All entries must be submitted in writing to AFMA within one month for existing entities and within 12 months for new entities from the date of publication of this notice. AFMA ensures that any personal information collected is handled in compliance with the Privacy Act 1988 and the Australian Privacy Principles. This initiative is a part of AFMA's broader efforts to engage stakeholders and ensure transparency in the management of fisheries under the Fisheries Management Act 1991.

Key Provisions

The primary operative sections of the Gazette (C2021G00625) pertain to the maintenance of a register by the Australian Fisheries Management Authority (AFMA) for individuals and organisations interested in receiving notifications about draft Management Plans developed under section 17 of the Fisheries Management Act 1991. The authority extends an invitation for those interested in being kept informed about such plans to register their names and postal addresses (section 1). These interested parties can choose to be notified about all draft management plans or specific ones, as they deem appropriate. To participate in this notification system, individuals and organisations must submit their acceptance in writing, either by post to a designated AFMA address or via email to the provided address (section 2). It is crucial that the written communication includes the name and postal address of the registering party. For entities already in existence at the publication of this notice, acceptance must be submitted within one month, while for all other entities, the deadline is within twelve months of the notice's publication (section 3). The personal information gathered by AFMA for maintaining the register is subject to the obligations outlined in the Privacy Act 1988 and the Australian Privacy Principles, ensuring the protection of individuals' data (section 4). The obligations imposed by the Gazette on the parties or entities it governs are relatively straightforward. Individuals and organisations must formally express their interest in receiving notifications about draft management plans by submitting a written acceptance to AFMA. This acceptance must include their name and postal address, and they may specify whether they wish to be informed about all or specific management plans (section 2). The Gazette stipulates different timeframes for acceptance, with existing entities required to respond within one month of the notice's publication, and all other entities within twelve months (section 3). Additionally, any personal information provided for the purpose of maintaining the register must be managed in compliance with the Privacy Act 1988 and the Australian Privacy Principles, ensuring the safeguarding of individuals' privacy (section 4). The Gazette does not explicitly outline specific offences, penalties, or consequences for breach in relation to the register of persons interested in draft management plans. However, it is implied that adherence to the stipulated timeframes for acceptance is necessary to maintain one's place on the register. Failure to meet these deadlines may result in the exclusion from receiving notifications about draft management plans. Furthermore, any misuse or mishandling of personal information collected for the register could potentially lead to breaches of the Privacy Act 1988 and the Australian Privacy Principles, which may incur civil or criminal consequences. The maximum penalties for breaches of the Privacy Act can vary significantly depending on the nature and severity of the breach, ranging from administrative penalties to fines and even imprisonment in the most severe cases.