Fisheries Agreements (Payments) Amendment Act 1985

Overview

The Fisheries Agreements (Payments) Amendment Act 1985 was enacted to address the need for amendments to the Fisheries Agreements (Payments) Act 1981. This Act was passed by the Queen, in Parliament, and serves to modify the original Act by inserting new provisions concerning payments under fisheries agreements that are not entered into with the government of another country. The overarching policy objective is to ensure that any payments required under such agreements are made before licences are granted to foreign fishing boats, thereby reinforcing the terms of the agreements and ensuring that Australia receives due compensation for the use of its fisheries resources. The Fisheries Agreements (Payments) Amendment Act 1985 was designed to provide clarity and specificity in the enforcement of payment terms within fisheries agreements that do not involve foreign governments, ensuring that all parties comply with the financial obligations set out in the agreements. This legislative amendment reflects a commitment to uphold the integrity and financial provisions of fisheries agreements, thereby protecting Australia’s interests in its maritime territories.

Scope and Application

The Fisheries Agreements (Payments) Amendment Act 1985 modifies the Fisheries Agreements (Payments) Act 1981 by introducing specific conditions under which the Minister or the Secretary to the Department can grant licences for foreign fishing boats. This Act applies to the Minister and the Secretary when they enter into agreements with entities other than the government of another country, particularly focusing on the terms of such agreements that include payment provisions for licences. The legislation mandates that these officials must adhere strictly to the terms of the agreement when considering the granting of licences, ensuring that no licences are granted unless the specified payment has been made to Australia. The geographic scope of this Act is national, as it pertains to agreements and payments made within the Commonwealth of Australia. It does not explicitly exclude any particular persons, entities, or industries from its application but instead specifically targets the conduct of the Minister and the Secretary in relation to such agreements. The Act extends its reach to any agreements that meet the specified criteria, regardless of the location of the entities involved, as long as they pertain to foreign fishing activities impacting Australian waters. The Act does not contain explicit exclusions or thresholds, but it is contingent upon the existence of specific payment terms within the agreements. Subordinate instruments may further refine the application of this Act, although the primary text does not specify these details.

Key Provisions

The Fisheries Agreements (Payments) Amendment Act 1985 (C2004A03152) amends the Fisheries Agreements (Payments) Act 1981 by adding a new section (section 5) and modifying section 3 of the Principal Act. The Act is designed to provide a clear framework for the handling of payments and licences under fisheries agreements, particularly those not involving the government of another country. Section 5 introduces specific conditions for agreements that do not involve the government of another country, ensuring that any payment specified in such agreements must be made before any licences can be granted. Under this Act, the Minister or the Secretary to the Department is mandated to strictly adhere to the terms of the agreement when deciding whether to grant licences for foreign fishing boats. This is a significant change, as it stipulates that no licences can be granted unless the required payment has been made to Australia in accordance with the terms of the agreement. This ensures that financial obligations are met before any fishing activities are permitted. The Act imposes clear obligations on the Minister and the Secretary to the Department, requiring them to follow the terms of the agreement meticulously. They must ensure that any payments specified in the agreement are received before granting any licences. This provision is crucial for maintaining the integrity of the agreement and ensuring that all financial obligations are met before any fishing activities commence. Additionally, the Act requires that the definition of 'foreign fishing boat' aligns with that provided in the Foreign Fishing Boats Levy Act 1981, ensuring consistency and clarity in the application of the Act. Failure to comply with the requirements of this Act can result in serious consequences. While the Act does not explicitly detail the specific offences or penalties, it is likely that breaches of the terms could be subject to the provisions of the Fisheries Management Act 1991 or other relevant legislation. Typically, breaches of such provisions might result in fines, licence suspensions, or other enforcement actions. The exact penalties would depend on the specific breach and the applicable laws, but they could include substantial financial penalties and legal action against the non-compliant party.