Fisheries Act 1975

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FISHERIES ACT 1975

No. 3 of 1975

An Act to amend the Fisheries Act 1952-1973.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Fisheries Act 1975.

(2) The Fisheries Act 1952-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Fisheries Act 1952-1975.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Powers of officers.

3. Section 4 of the Principal Act is amended by inserting after the definition of “officer” the following definition:—

“‘private purposes’ means purposes other than trading or manufacturing purposes;”.

4. Section 10 of the Principal Act is amended—

(a) by inserting after paragraph (a) the following paragraph:—

“(aa) board or enter upon a boat that he has reason to believe—

(i) is a foreign boat; and

(ii) has been used, is being used or is intended to be used for taking, catching or capturing fish for private purposes in the declared fishing zone or for carrying or processing fish in that zone,

and may search the boat for fish and for equipment for taking, catching, capturing, processing or carrying fish;”;

(b) by inserting after paragraph (b) the following paragraph:—

“(ba) examine any equipment found in or on a foreign boat, being equipment that he has reason to believe has been used, is being used or is intended to be used for taking, catching or capturing fish for private purposes in the declared fishing zone or for processing or carrying fish in that zone;”; and

“(c) seize, detain, remove or secure—

(i) any fish that the officer has reason to believe has been taken, caught or captured in contravention of this Act; or

(ii) any boat, net, trap or other equipment that the officer has reason to believe has been used, is being used or is intended to be used in contravention of this Act;”.

5. The Principal Act is amended by inserting after section 13a the following sections:—

Using foreign boat for fishing for private purposes.

“13aa. A person shall not, in the declared fishing zone—

(a) use a foreign boat for taking, catching or capturing fish for private purposes; or

(b) use a foreign boat for processing or carrying fish that have been taken, caught or captured for private purposes with the use of that boat or another boat.

Penalty: $1,000 or imprisonment for 6 months, or both.

Having charge of foreign boat equipped with nets, &c.

“13ab. (1) A person shall not, in the declared fishing zone, have in his possession or in his charge a foreign boat equipped with nets, traps or other equipment for taking, catching or capturing fish.

Penalty: $1,000 or imprisonment for 6 months, or both.

“(2) It is a defence to a prosecution for an offence against sub-section (1) if the person charged satisfies the court—

(a) that there was in force, at the time of the alleged offence, a licence under sub-section (2) of section 9 authorizing the use of the boat in the area where the boat was at that time; or

(b) that, at the time of the alleged offence, he had the boat in his possession or charge for the purposes of traditional fishing.

“(3) It is a defence to a prosecution for an offence against sub-section (1) if the person charged satisfies the court that, at the time of the alleged offence—

(a) the nets, traps or other equipment for taking, catching or capturing fish were stowed and secured; and

(b) the boat was travelling through the declared fishing zone—

(i) from a point outside the declared fishing zone to a port in Australia or in a Territory;

(ii) from a port in Australia or in a Territory to a point outside the declared fishing zone; or

(iii) from a point outside the declared fishing zone to another point outside the declared fishing zone,

by the shortest practicable route.”.

Using foreign boat for fishing in declared fishing zone.

6. Section 13b of the Principal Act is amended—

(a) by adding at the end of paragraph (a) of sub-section (1) the word “or”;

(b) by omitting from paragraph (b) of sub-section (1) the word “or”;

(d) by omitting sub-section (3); and

(e) by omitting from sub-section (4) the words “or of his having a boat in his possession or charge for the purposes of traditional fishing”.

Forfeiture.

7. Section 13c of the Principal Act is amended—

(a) by omitting the words “section 13 or section 13b” and substituting the words “section 13 (not being an offence against that section referred to in sub-section (2) of this section), 13aa or 13b”; and

(b) by adding at the end thereof the following sub-section:—

“(2) Where a Court convicts a person of an offence against section 13, being an offence arising out of his having in his possession or in his charge a boat for taking fish, or of an offence against section 13ab, the Court may order the forfeiture of—

(a) the boat in relation to which the offence is committed;

(b) a net, trap or equipment on board that boat at the time of the offence;

(d) the proceeds of the sale of any such fish.”.

Liability of master or person in charge of boat

8. Section 14a of the Principal Act is amended by omitting from sub-section (3) the words “of section 13 relating to forfeiture and”.

Evidence.

9. Section 16 of the Principal Act is amended—

(a) by omitting from sub-section (1) the words “or in proceedings for the condemnation or recovery of a boat seized under this Act”; and

(b) by inserting after sub-section (1) the following sub-section:—

“(1a) Where in proceedings for an offence against this Act or the regulations—

(a) an officer gives evidence that he suspects that fish to which the charge relates were taken, caught or captured in the declared fishing zone or were taken, caught or captured for private purposes, together with evidence of the grounds on which he so suspects; and

(b) the court considers that, having regard to that evidence, the suspicion is reasonable, the fish shall, in the absence of proof to the contrary, be deemed to have been so taken, caught or captured.”.

Repeal.

10. Section 16a of the Principal Act is repealed.

Regulations.

11. Section 17 of the Principal Act is amended by omitting paragraph (ca) of sub-section (1).

Additional amendments.

12. The Principal Act is amended as set out in the Schedule.

_________

SCHEDULE Section 12

ADDITIONAL AMENDMENTS

Provision	Amendment
Section 4 (definition of “officer”)	(a) Omit “Primary Industry” (wherever occurring), substitute “Agriculture”.
	(b) Omit “External Territories”, substitute “the Special Minister of State”.
Section 4 (definition of “the Minister”)	(a) Omit “Primary Industry ”, substitute “Agriculture”.
	(b) Omit “Papua New Guinea,”. (c) Omit “Minister of State for External Territories”, substitute

	“Special Minister of State”.
Section 4 (definition of “the Secretary”)	Omit “Primary Industry”, substitute “Agriculture”.
Section 6	Omit “, other than a delegate who is a Minister of the House of Assembly for Papua New Guinea,”.
Section 6a(2)	Omit.
Section 6a(4)	Omit “Primary Industry” (wherever occurring), substitute “Agriculture”.
Section 6a(5)	Omit “Primary Industry”, substitute “Agriculture”.
Section 9(9)	Omit “Primary Industry”, substitute “Agriculture”. (a) Omit from paragraph (e) “Territory”, substitute “Territory other than Papua New Guinea”. (b) Omit from paragraph (f) “Territory”, substitute “Territory other than Papua New Guinea”.
Section 10
Section 17(2)	Omit “Primary Industry”, substitute “Agriculture”.

Overview

The Fisheries Act 1975, enacted by the Parliament of Australia, was introduced to address issues surrounding the regulation and protection of Australia's fishing zones. This Act amended the existing Fisheries Act 1952-1973, integrating new provisions to more effectively manage and enforce regulations within the declared fishing zones. The primary objective of this legislation was to strengthen the enforcement powers of officers, particularly concerning foreign boats involved in fishing activities for private purposes within these zones. By expanding the authority of officers to board, search, and seize equipment and fish from suspected vessels, the Act aimed to deter illegal fishing practices and protect marine resources. Additionally, it introduced penalties for unauthorised fishing activities and clarified the conditions under which boats equipped with fishing gear could be lawfully possessed or charged within the zones.

Scope and Application

The Fisheries Act 1975 applies to individuals and entities involved in fishing activities within the declared fishing zones of Australia, including Commonwealth waters, state waters, and territorial waters. The Act extends to foreign boats used for fishing for private purposes, meaning purposes other than trading or manufacturing, within these zones. Officers of the Fisheries Act are empowered to board and search foreign boats suspected of being used for such activities and can seize equipment or fish taken in contravention of the Act. Additionally, the Act prohibits the use of foreign boats for fishing for private purposes in the declared fishing zone and having charge of such boats equipped with fishing gear. Defences to these prohibitions include holding a valid licence for traditional fishing or having the boat in possession or charge for traditional fishing purposes. The Act also provides for the forfeiture of boats, equipment, and fish involved in offences under the Act. The scope of the Act may be extended or modified through subordinate regulations, which can specify additional offences, penalties, or conditions relating to fishing activities.

Key Provisions

The Fisheries Act 1975 primarily amends the Fisheries Act 1952-1973 to enhance regulatory control over fishing activities, particularly concerning foreign boats operating within the declared fishing zone. Section 4 introduces the term "private purposes," clarifying that these refer to activities unrelated to trade or manufacturing (s. 4). Section 10 expands the powers of officers to board and search foreign boats suspected of engaging in fishing for private purposes or carrying or processing fish within the declared fishing zone (s. 10). It also allows officers to examine equipment on these boats (s. 10(ba)). Furthermore, officers are authorised to seize fish and equipment believed to be involved in contravening the Act (s. 10(c)). New sections 13aa and 13ab prohibit the use of foreign boats for private fishing or processing fish within the declared fishing zone, with significant penalties for violations (s. 13aa). Additionally, having a foreign boat equipped with fishing gear in the declared fishing zone is prohibited unless certain conditions are met, such as possessing a valid licence or engaging in traditional fishing (s. 13ab). The Act also includes provisions for the forfeiture of boats, equipment, and fish involved in offences (s. 13c). Under this Act, several obligations and requirements are imposed on the parties or entities it governs. Officers are mandated to conduct inspections and searches of foreign boats suspected of engaging in illegal fishing activities (s. 10). Persons are prohibited from using foreign boats for private fishing or processing fish within the declared fishing zone unless specific conditions are fulfilled, such as having a valid licence or conducting traditional fishing (s. 13ab). The Act requires individuals to ensure that any nets, traps, or other fishing equipment on their boats are stowed and secured when travelling through the declared fishing zone unless they are en route to or from a port in Australia or another point outside the declared fishing zone (s. 13ab(3)). The Fisheries Act 1975 imposes penalties for breaches of its provisions. Section 13aa establishes penalties of up to $1,000, imprisonment for six months, or both, for using a foreign boat for taking, catching, or capturing fish for private purposes, or for processing or carrying fish taken for private purposes within the declared fishing zone. Similarly, section 13ab imposes the same penalties for having a foreign boat equipped with fishing gear in the declared fishing zone without a valid licence or exemption. The Act also includes provisions for the forfeiture of boats, equipment, and fish involved in offences (s. 13c). Violations of these provisions may result in criminal charges and penalties, including financial fines and imprisonment.

Area of Law: Environmental Law
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Enforcement Powers; Regulatory Standards

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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