Fisheries (Administration) Regulations 1992

Overview

The Fisheries (Administration) Regulations 1992, made under the Fisheries Administration Act 1991, serve to establish a framework for the administration of fisheries within Australia. These regulations commenced on the same date as the Act, 3 February 1992. The purpose of these regulations is to implement the administrative and operational provisions set out in the Act, ensuring effective governance and management of fisheries resources. The enacting body for these regulations is the Commonwealth Government, as they are statutory rules formulated under the authority of the Fisheries Administration Act. The overarching policy objective is to facilitate the sustainable management of fisheries by providing a structured approach to the administration of fisheries activities.

Scope and Application

The Fisheries (Administration) Regulations 1992, made under the Fisheries Administration Act 1991, provide the administrative framework for the management and regulation of fisheries in Australia. These regulations apply to the entire Commonwealth and are intended to cover all entities involved in fisheries activities, including individuals, companies, and peak industry bodies such as the Commonwealth Fisheries Association. The scope of these regulations includes defining the fields of expertise for nominees and prescribing the peak industry body for the purposes of the Act. The regulations commenced on 3 February 1992, the same day as the Fisheries Administration Act 1991, and have since been amended to ensure they remain effective and relevant. Amendments have included the addition of new fields of expertise and changes to the peak industry body, reflecting the evolving nature of the fisheries industry. The application and enforcement of these regulations may be extended or restricted through subordinate instruments, ensuring the adaptability of the legislative framework to new challenges and developments in the sector.

Key Provisions

The Fisheries (Administration) Regulations 1992 (the Regulations) operate under the Fisheries Administration Act 1991 (the Act) to provide a framework for the administration of fisheries within Australia. These Regulations specify the operational details and requirements that must be adhered to under the Act. Regulation 2 states that the Regulations commence on the same day as the Act, which is 3 February 1992. Regulation 3 identifies the Commonwealth Fisheries Association as the peak industry body for the purposes of the Act. Regulation 4 prescribes the field of law as one of the fields of expertise for nominees. The Regulations impose several obligations and requirements on the parties they govern. Primarily, they designate the Commonwealth Fisheries Association as the peak industry body, thereby establishing it as the primary representative body for the fisheries sector. This designation likely involves obligations to engage in consultations with the government, provide industry input, and act as a liaison between the government and the fisheries industry. Additionally, Regulation 4 prescribes the field of law as a field of expertise for nominees, implying that individuals nominated for certain roles or positions must have relevant legal expertise. Breaches of the Regulations can lead to various civil and criminal consequences, although specific offences, penalties, and consequences are not detailed within the Regulations themselves. The Act under which these Regulations operate may outline these potential sanctions, and they could include fines, imprisonment, or other penalties deemed appropriate by the courts. The exact penalties would depend on the nature and severity of the breach, as well as any specific provisions outlined in the Act. The Regulations serve as a foundational document, with further details on enforcement and penalties likely found within the Fisheries Administration Act 1991.