Fisheries Legislation Amendment Act (No. 1) 1998

Overview

The Fisheries Legislation Amendment Act (No. 1) 1998 was enacted by the Parliament of Australia to amend and repeal certain legislation related to fisheries, addressing specific gaps and issues in existing laws. This Act was designed to bring about a series of legislative changes aimed at refining the management and regulation of fisheries, particularly concerning the collection of levies and charges associated with prawn fishing and export activities. The overarching policy objective of the Act is to ensure the sustainable management of fisheries resources while streamlining the legislative framework to better meet contemporary requirements. The Act's commencement provisions specify that while most of the amendments and repeals take effect 28 days after receiving Royal Assent, certain changes to the Prawn Boat Levy Act 1995 and the Prawn Export Charge Act 1995 were taken to have commenced on 1 July 1997. Additionally, the repeal of these Acts, along with the Prawn Export Promotion Act 1995, is set to take effect three years after the Act receives Royal Assent. This staggered approach ensures that ongoing levy and charge collections are not disrupted during the transition period.

Scope and Application

The Fisheries Legislation Amendment Act (No. 1) 1998 applies to various entities and persons involved in the fisheries sector, primarily focusing on the amendment and repeal of existing legislation to modernise and streamline fisheries management. The Act affects individuals and entities engaged in fishing activities within Australia's fisheries jurisdiction, including recreational and commercial fishers, charter boat operators, and entities responsible for levy collection and management. The geographic scope of the Act is national, as it pertains to the Australian Fisheries Management Authority (AFMA) and operates across state and territory boundaries within Australia's fisheries jurisdiction. The Act also affects the industries associated with prawn boat levies, prawn export charges, and prawn export promotion. Certain provisions of the Act, such as the amendments to the Fisheries Management Act 1991 and the saving provisions concerning levy and charge collection, have specific effective dates, with some sections taken to have commenced on 1 July 1997, and others set to commence three years after the Act receives Royal Assent. The Act repeals the Prawn Boat Levy Act 1995, the Prawn Export Charge Act 1995, and the Prawn Export Promotion Act 1995, although provisions concerning levies and charges imposed before the repeal will continue to apply. The application and enforcement of the Act may be extended or modified through subordinate instruments, such as regulations and agreements, though these are not detailed within the primary text of the Act itself.

Key Provisions

The Fisheries Legislation Amendment Act (No. 1) 1998 (C2004A00332) primarily amends and repeals certain acts related to fisheries management and levies in Australia. Section 2 of the Act outlines the commencement, stating that it will come into effect 28 days after receiving Royal Assent, with specific sections and schedules having earlier effective dates. For example, certain amendments to the Prawn Boat Levy Act 1995 and the Prawn Export Charge Act 1995 are taken to have commenced on 1 July 1997. Meanwhile, the repeal of these acts and the Prawn Export Promotion Act 1995 is set to take effect three years after the Act receives Royal Assent. The Act imposes several key obligations and requirements on the parties it governs. Under Section 15A, it is illegal to take blue or black marlin within the Australian Fishing Zone (AFZ) without a scientific permit, through recreational fishing, or using a charter boat. Additionally, Section 15B mandates that the Minister must commission an analysis of the estimated numbers of blue and black marlin in the AFZ and the impact of permitted fishing activities on these species. The findings must be reported to Parliament within two years of the Act's commencement. In terms of penalties and consequences for non-compliance, Section 15A imposes a penalty of 125 penalty units for those who take blue or black marlin without the required permit, engage in recreational fishing, or use a charter boat for such activities. However, Section 15A(2) provides a defence if the person can demonstrate they took immediate steps to return the fish to its natural environment upon becoming aware of the illegal taking. Furthermore, the Act ensures that any levies or charges imposed before the repeal of the Prawn Boat Levy Act 1995, the Prawn Export Charge Act 1995, and the Prawn Export Promotion Act 1995 will continue to apply, despite their repeal.