EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 233
Issued by the authority of the Minister for Fisheries, Forestry and Conservation
Fisheries Administration Act 1991
Fisheries (Administration) Amendment Regulations 2006 (No. 1)
Section 114 of the Fisheries Administration Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act or necessary or convenient to be prescribed in carrying out or giving effect to the Act.
Subsection 4(1) of the Act provides for a peak industry body to be prescribed which is representative generally of persons engaged in the fishing industry. This body has a number of roles and responsibilities under the Act.
Regulation 3 of the Fisheries (Administration) Regulations 1992 (the Principal Regulations) currently prescribes the Australian Seafood Industry Council (ASIC) as the peak industry body for the purpose of subsection 4(1) of the Act. However, ASIC went into liquidation in July 2006 and is in the process of being wound up. The Australian Government considers it important to have a peak industry body to consult with regarding Commonwealth fisheries management.
The Regulations prescribe the Commonwealth Fisheries Association (CFA) as the peak industry body for the purposes of the Act and the Fisheries Management Act 1991, which contains references to the peak industry body within the meaning of the Act.
Peak Industry Body
The CFA is considered to be the most representative body for Commonwealth fishery entitlement holders. The Regulations also reflect existing operational realities. The CFA was a member of ASIC, was responsible for coordinating ASIC’s views with regard to Commonwealth fisheries management and has already taken over the majority of ASIC’s roles in representing the interests of members of the Commonwealth fishing industry.
Regulation Impact Statement
The Office of Regulation Review has advised that a Regulation Impact Statement was not required (ID8589) as the Regulations are of a minor nature and do not substantially alter existing arrangements.
Consultation
The Department of Agriculture, Fisheries and Forestry wrote to key industry groups advising them of the proposed change and inviting their views on the amendments. General support from industry was attained during this consultation process and no negative feedback was received. Support for the Regulations was also received from the Australian Fisheries Management Authority during the consultation phase.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Details of the Regulations are set out below:
Regulation 1 provides for the Regulations to be cited as the Fisheries (Administration) Amendment Regulations 2006 (No. 1).
Regulation 2 provides that the Regulations commence on the day after they are registered.
Regulation 3 provides that Schedule 1 amends the Fisheries (Administration) Regulations 1992.
Schedule 1 - Amendment
Item 1 removes the Australian Seafood Industry Council Limited as the peak industry body in regulation 3 and replaces it with the Commonwealth Fisheries Association.
Overview
The Fisheries (Administration) Amendment Regulations 2006 (No. 1) were enacted to address the gap left by the liquidation of the Australian Seafood Industry Council (ASIC), which had previously been prescribed as the peak industry body under the Fisheries Administration Act 1991. The need for this amendment arose because ASIC's dissolution created a void in the representation of the fishing industry, a critical stakeholder in fisheries management. The Minister for Fisheries, Forestry and Conservation issued this legislative instrument to ensure continuity in the consultation process with the fishing industry. The policy objective was to swiftly identify and prescribe a new peak industry body to maintain effective communication and management of Commonwealth fisheries. The Commonwealth Fisheries Association (CFA) was selected as the replacement due to its established role in coordinating industry views and representing the interests of the fishing community. This change was supported by industry stakeholders and did not require a Regulation Impact Statement as it was deemed minor and did not substantially alter existing arrangements.
Scope and Application
The Fisheries (Administration) Amendment Regulations 2006 (No. 1) amend the Fisheries (Administration) Regulations 1992 to designate the Commonwealth Fisheries Association (CFA) as the peak industry body under the Fisheries Administration Act 1991, replacing the Australian Seafood Industry Council (ASIC) which has ceased operations. These Regulations apply to the Commonwealth fisheries management sector and are designed to ensure continuity in the representation and consultation processes required by the Act. They extend to all persons and entities engaged in the fishing industry under Commonwealth jurisdiction, encompassing various fisheries activities and transactions. The Regulations are made under the authority of the Minister for Fisheries, Forestry and Conservation and have a national reach within Australia. They do not introduce new exclusions or thresholds but specify the new peak industry body to facilitate effective consultation and management of fisheries. Subordinate instruments may further refine the implementation of these Regulations as necessary.
Key Provisions
The Fisheries (Administration) Amendment Regulations 2006 (No. 1) primarily amend the Fisheries (Administration) Regulations 1992 by replacing the Australian Seafood Industry Council (ASIC) with the Commonwealth Fisheries Association (CFA) as the peak industry body (Reg. 3). This change is made in recognition of ASIC's liquidation and the need to maintain effective consultation with the fishing industry regarding Commonwealth fisheries management (Reg. 3). The CFA is seen as the most representative body for Commonwealth fishery entitlement holders and has already assumed many of ASIC's responsibilities in representing the interests of the Commonwealth fishing industry.
The Regulations impose specific obligations on the CFA, including the duty to represent the interests of the fishing industry in consultations with the Commonwealth government on fisheries management matters (Reg. 3). The CFA must also coordinate with other industry stakeholders and the Australian Fisheries Management Authority to ensure effective communication and representation of the industry's views (Reg. 3). These obligations are crucial for maintaining the integrity and efficacy of fisheries management under both the Fisheries Administration Act 1991 and the Fisheries Management Act 1991.
Failure to comply with the obligations set out in the Regulations may not be explicitly detailed in the explanatory statement; however, non-compliance could potentially lead to issues in the management and consultation processes for fisheries, which might indirectly affect the enforcement and effectiveness of fisheries laws. There are no specific offences or penalties mentioned in the explanatory statement for non-compliance with these Regulations, but breaches could result in administrative consequences or loss of credibility for the CFA in representing the industry.
The Regulations do not outline specific penalties for non-compliance, but the consequences of not fulfilling the obligations could include ineffective fisheries management and consultation, potentially leading to broader regulatory issues. The absence of specified penalties suggests that enforcement would rely on administrative measures rather than strict legal penalties.