Fisheries Administration Regulations 2019

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2019L00386 Regulations In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Issued by the Authority of the Assistant Minister for Agriculture and Water Resources

Parliamentary Secretary to the Minister for Agriculture and Water Resources

 

Fisheries Administration Act 1991

 

Fisheries (Administration) Regulations 2019

 

Legislative background

The Fisheries Administration Act 1991 (the Administration Act) establishes the Australian Fisheries Management Authority (AFMA) with functions and responsibilities relating to the management of fisheries on behalf of the Commonwealth. The Fisheries (Administration) Regulations 1992 (the 1992 Regulations) prescribe matters for the purpose of the Administration Act. This includes prescribing the ‘peak industry body’ for consultation.

Section 114 of the Administration Act provides that the Governor‑General may make regulations, not inconsistent with the Administration Act, prescribing all matters required or permitted by the Administration Act to be prescribed or necessary or convenient to be prescribed in carrying out or giving effect to the Administration Act.

Purpose

The purpose of the Fisheries Administration Regulations 2019 (the Regulations) is to replace the 1992 Regulations which are due to sunset on 1 October 2019, by operation of Part 4 of Chapter 3 of the Legislation Act 2003.

The Regulations prescribe the Commonwealth Fisheries Association (CFA) as the peak industry body for the purposes of the definition in subsection 4(1) of the Administration Act. Provisions in the 1992 Regulations which are no longer in effect as a result of amendments to the Administration Act are not included in the Regulations. The Fisheries Legislation Amendment (Repeals and Consequential Provisions) Regulations 2019 contain a provision to repeal the 1992 Regulations.

Consultation

AFMA consulted on the content of the Regulations in April 2018 in conjunction with the consultation process for the Fisheries Management Regulations 2019. A consultation package for both instruments was sent to all persons holding fishing concessions issued under the Fisheries Management Act 1991, all fishing industry bodies, State and Territory agencies responsible for regulation of fisheries, relevant Commonwealth agencies and was made available to the general public on the AFMA website.  No concerns were expressed regarding the content of the Regulations.

The Office of Best Practice Regulation (OBPR) was consulted prior to making the Regulations and advised that a Regulatory Impact Statement was not required (OBPR ID 23307). 

Impact and Effect

Prescribing the CFA as the peak industry body for the purpose of the definition in subsection 4(1) of the Administration Act has the effect that:

  • the CEO of AFMA would be required to consult with the CFA before preparing a corporate plan under section 35 of the Public Governance, Performance and Accountability Act 2013 (PGPA Act) (under subsection 72(1) of the Administration Act); and
  • prior to tabling in parliament of AFMA’s annual report prepared by the CEO and given to the Minister under section 46 of the PGPA Act, the Chairperson of the AFMA Commission must give a copy of the annual report to the CFA and request a meeting with the governing body of the CFA to discuss the annual report (subsection 89(1) of the Administration Act). 

Details/ Operation

Details of the Regulations are set out in Attachment A.  

Other

The Regulations are compatible with the human rights and freedoms for the purposes of the Human Rights (Parliamentary Scrutiny) Act 2011.  A full statement of compatibility is set out in Attachment B. 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.


ATTACHMENT A

Details of the Fisheries Administration Regulations 2019

Section 1 – Name

This section provides that the name of the instrument is the Fisheries Administration Regulations 2019 (the Regulations).

Section 2 – Commencement

This section provides that the Regulations commence on 1 October 2019.

Section 3 – Authority

This section provides that the Regulations are made under the
Fisheries Administration Act 1991 (Administration Act).

Section 4 – Peak industry body

This section prescribes that the Commonwealth Fisheries Association is the peak industry body for the purposes of the definition in subsection 4(1) of the Administration Act.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Fisheries Administration Regulations 2019

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of Fisheries Administration Regulations 2019 (the Regulations) is to replace the Fisheries (Administration) Regulations 1992 (the 1992 Regulations). The 1992 Regulations are due to sunset on 1 October 2019 by operation of Part 4 of Chapter 3 of the Legislation Act 2003. The Regulations prescribe the Commonwealth Fisheries Association as the peak industry body for the purposes of the definition in subsection 4(1) of the Fisheries Administration Act 1991.

Human rights implications

This legislative instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Senator The Hon. Richard Colbeck

Assistant Minister for Agriculture and Water Resources

Parliamentary Secretary to the Minister for Agriculture and Water Resources

 

 

 

 

 

 

 

 

 

Overview

The Fisheries Administration Act 1991, enacted by the Australian Parliament, established the Australian Fisheries Management Authority (AFMA) to manage fisheries on behalf of the Commonwealth. The Act aimed to address the need for a regulatory framework to oversee the sustainable management and conservation of Australia's fisheries resources. In line with this purpose, the Fisheries Administration Regulations 2019 were introduced to replace the outdated Fisheries (Administration) Regulations 1992, which were due to sunset. The new regulations aim to ensure continued effective administration by prescribing the Commonwealth Fisheries Association as the peak industry body for consultation purposes, thereby streamlining the consultation processes required by the Administration Act. This legislative update reflects the ongoing commitment to efficient and effective fisheries management in Australia.

Scope and Application

The Fisheries Administration Regulations 2019 apply to the management of fisheries within the Commonwealth of Australia and are made under the Fisheries Administration Act 1991. These Regulations aim to replace the existing Fisheries (Administration) Regulations 1992, which are set to sunset on 1 October 2019. They specifically prescribe the Commonwealth Fisheries Association as the peak industry body, fulfilling the definition in subsection 4(1) of the Fisheries Administration Act 1991. The scope of the Regulations is confined to the Commonwealth and focuses on the administrative aspects of fisheries management, including consultation requirements with the prescribed peak industry body. The Regulations do not specify exclusions or thresholds but ensure compliance with human rights as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011. Subordinate instruments may extend or further specify the application of the Regulations as needed.

Key Provisions

The Fisheries Administration Regulations 2019 (the Regulations) are designed to replace the existing Fisheries (Administration) Regulations 1992, which are set to expire on 1 October 2019. The Regulations are made under the Fisheries Administration Act 1991 (the Administration Act) and come into effect on the same date as the expiry of the 1992 Regulations. The key provision of the Regulations is found in section 4, which designates the Commonwealth Fisheries Association (CFA) as the peak industry body for the purposes of the definition in subsection 4(1) of the Administration Act (section 4). This designation has specific implications for the Australian Fisheries Management Authority (AFMA), which must now consult with the CFA in certain circumstances before preparing its corporate plan (subsection 72(1) of the Administration Act) and before tabling AFMA’s annual report in parliament (subsection 89(1) of the Administration Act). The Regulations impose specific obligations on AFMA and the CFA. AFMA must consult with the CFA before preparing its corporate plan and before tabling its annual report in parliament. The CFA, as the designated peak industry body, must engage with AFMA on these matters. These obligations are intended to ensure that industry perspectives are considered in the planning and reporting processes of AFMA. The Regulations do not create any new offences or penalties. However, non-compliance with the obligations to consult could potentially lead to legal challenges if it is argued that AFMA has not properly fulfilled its statutory duties. While there are no specific penalties outlined in the Regulations themselves, failure to comply with the statutory obligations could result in consequences under other legislation, such as judicial review or other administrative actions. The Regulations also explicitly state that they are compatible with human rights, as detailed in Attachment B, which includes a statement of compatibility with the Human Rights (Parliamentary Scrutiny) Act 2011.

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Instrument
Regulation
Concepts
Commencement Provisions
Delegated & Subordinate Legislation
Reporting & Disclosure Obligations
Consultation Requirements

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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.