Fisheries Administration Act 1991
No. 161, 1991
Compilation No. 26
Compilation date: 1 January 2025
Includes amendments: Act No. 60, 2024
About this compilation
This compilation
This is a compilation of the Fisheries Administration Act 1991 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
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 (www.legislation.gov.au). 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.
Application, saving and transitional provisions for provisions and amendments
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.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
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.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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
Part 1—Preliminary
1 Short title
2 Commencement
3 Objects of Act
4 Interpretation
Part 2—Australian Fisheries Management Authority
Division 1—Establishment, functions and powers of Authority
5 Establishment
5A Application of the finance law
6 Objectives
6A Principles of ecologically sustainable development
7 Functions
8 Powers
9 Consultation
10B The Commission and CEO
10C Minister may give directions to CEO about foreign compliance
Division 2—Constitution of Commission
11 Constitution of Commission
Division 3—Appointment of commissioners
12 Appointment of commissioners
13 Deputy Chairperson
14 Acting CEO
15 Other employment
17 Remuneration and allowances
18 Leave of absence
19 Resignation
20 Disclosure of interests
21 Termination of appointment
22 Terms and conditions of appointment not provided for by Act
Division 4—Operation of Commission
23 Meetings
25 Decisions without meetings
Division 5—Committees
54 Committees
55 Committees other than management advisory committees
56 Management advisory committees
57 Functions of management advisory committees
58 Powers of management advisory committee etc.
59 Management advisory committee to act in accordance with policies etc. of Authority
60 Constitution of management advisory committees
61 Acting Chairperson
62 Appointment of members
63 Term of office
64 Leave of absence
64A Resignation
64B Termination of appointment
64C Disclosure of interests to management advisory committee
64D Disclosure of interests to Authority
65 Meetings
65A Decisions without meetings
Overview
The Fisheries Administration Act 1991 (C2004A04236) was enacted to establish the Australian Fisheries Management Authority (AFMA) and the Fishing Industry Policy Council (FIPC), and to address the need for efficient and sustainable fisheries management on behalf of the Commonwealth. The Act was passed by the Commonwealth Parliament and received Royal Assent on 10 November 1991, coming into effect on 3 February 1992. The primary objectives of the Act are to establish the AFMA to manage fisheries resources efficiently and sustainably and to create the FIPC to ensure the participation of industry stakeholders in the policy-making process regarding fisheries management. The AFMA is tasked with implementing management regimes, devising fisheries adjustment and restructuring programs, and negotiating with foreign governments and business interests concerning access to Australian fisheries and ports. The FIPC is responsible for facilitating industry participation in policy formulation, developing recommendations and plans for industry interests, and convening industry conferences to promote consensus on industry policies.
Scope and Application
The Fisheries Administration Act 1991 (Cth) establishes the Australian Fisheries Management Authority (AFMA) and the Fishing Industry Policy Council (FIPC) to manage and oversee Australia's fisheries. The Act applies to the AFMA, FIPC, their respective staff, committees, and members. It sets out their functions, powers, and procedures for decision-making and reporting. The AFMA is responsible for the sustainable management of Australia's fisheries, including devising management regimes, consulting with stakeholders, and enforcing compliance with fishing regulations. The FIPC provides policy advice to the Minister for Agriculture, Fisheries and Forestry and facilitates industry participation in policy development. The Act also governs the appointment, terms of office, and remuneration of AFMA and FIPC personnel, as well as the establishment and operation of various committees and working groups. The Act extends to the entire Commonwealth of Australia and its external territories, and its provisions can be extended through subordinate instruments, such as regulations and corporate plans.
Key Provisions
- The Fisheries Administration Act 1991, as amended, establishes the Australian Fisheries Management Authority (Authority) and the Fishing Industry Policy Council (Council) to manage fisheries and provide policy advice on the fishing industry, respectively. The Authority's primary functions include devising management regimes, conducting consultations, and ensuring compliance with international obligations. The Council's functions involve facilitating industry discussions, reporting to the Minister, and developing policy recommendations. Both the Authority and the Council are governed by specific provisions regarding their establishment, functions, powers, and operational procedures. The Authority must consult with stakeholders and the industry during its operations, and it has the power to collect and disclose information for managing fisheries and ensuring compliance with international agreements. The Council is tasked with ensuring that stakeholders' views are exchanged and a unified approach to industry issues is developed.
- The Act imposes several obligations on the parties it governs. The Authority must ensure that fisheries management is conducted efficiently, sustainably, and in accordance with international obligations. It must also consult with industry stakeholders and the public. Commissioners and the Chief Executive Officer (CEO) of the Authority must disclose any potential conflicts of interest and adhere to specific eligibility criteria for appointment. The Council must facilitate discussions among stakeholders and provide policy recommendations to the Minister. Both the Authority and the Council must maintain records of their proceedings and decisions.
- Breaches of the Act can result in various consequences. For example, failure to disclose conflicts of interest can lead to disciplinary actions, including termination of appointment. Non-compliance with the Authority's management directives or the Council's recommendations could lead to enforcement actions under other related legislation. Additionally, the Minister can give directions to the Authority in exceptional circumstances, and failure to comply with these directions may lead to further administrative or legal consequences. The Act does not explicitly state maximum penalties for breaches but indicates that the consequences can include termination of appointment, disciplinary actions, and compliance with ministerial directions.
- Area of Law
- Environmental Law
- Administrative Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Enforcement Powers
- Compliance Obligations
- Reporting & Disclosure Obligations
- Licensing & Registration
