Fisheries Legislation Amendment (Representation) Act 2017

Overview

The Fisheries Legislation Amendment (Representation) Act 2017 was enacted by the Parliament of Australia to amend the existing fisheries laws and address a gap in the representation of diverse fishing sectors within the regulatory framework. The Act aims to ensure that the interests of commercial, recreational, and Indigenous fishers are more adequately represented and considered in decision-making processes related to fisheries management and administration. This legislative amendment responds to the need for a more inclusive approach in fisheries governance, thereby improving the balance and fairness in the representation of various fishing interests. The Act commenced on 7 November 2017, the day following its Royal Assent.

Scope and Application

The Fisheries Legislation Amendment (Representation) Act 2017 applies to the Fisheries Administration Act 1991 and the Fisheries Management Act 1991, making amendments to these Acts to enhance the representation of various stakeholders in the fisheries sector. This Act applies to the Fisheries Management Authority, which is responsible for administering the fisheries laws, and seeks to ensure that the interests of commercial, recreational, and Indigenous fishers are adequately represented and taken into account in the decision-making processes. The Act has a national reach, applying throughout Australia as it amends Commonwealth legislation. The amendments in the Fisheries Administration Act 1991, which include changes to the objectives and functions of the Authority and the composition of management advisory committees, apply to appointments and committees established on or after the Act's commencement. The changes to the Fisheries Management Act 1991, which involve adding a new objective to consider the interests of various fishers, apply generally as per the Act's commencement. The Act does not specify any exclusions, exemptions, or thresholds but allows for further refinement and application through subordinate instruments as necessary.

Key Provisions

The Fisheries Legislation Amendment (Representation) Act 2017 makes amendments to the Fisheries Administration Act 1991 and the Fisheries Management Act 1991. The key amendments concern the objectives and considerations of the Australian Fisheries Management Authority (AFMA) and the establishment of management advisory committees. Section 6 of the Fisheries Administration Act 1991 is amended to include an additional objective for AFMA. AFMA is now required to ensure that the interests of commercial, recreational, and Indigenous fishers are taken into account when performing its functions. These amendments are applicable to appointments made on or after the commencement of the Act (section 10(1)). The Fisheries Administration Act 1991 is further amended to clarify the scope of matters AFMA must consider when exercising its functions. Section 12(3)(a) now omits the term "following fields" and replaces it with "following," while section 12(3)(a)(ix) and 12(5) also replace "fields" with "matters." These changes ensure that AFMA considers all relevant matters, including those related to recreational or Indigenous fishing, and not just specific fields. Additionally, section 12(3)(b)(i) is amended to include fishing representative organisations in the matters AFMA must consider. These changes apply to appointments made on or after the commencement of the Act (section 10(2)). Section 60(1)(c) of the Fisheries Administration Act 1991 is amended to increase the membership of management advisory committees from 7 to 10. Furthermore, section 62(3) is repealed and replaced with new provisions requiring AFMA to ensure that a management advisory committee includes an appropriate number of members with industry experience and experience in recreational fishing. These changes apply to management advisory committees established on or after the commencement of the Act. The Fisheries Management Act 1991 is also amended by the Act. Section 3(2)(d) is modified to include an additional consideration for AFMA: ensuring that the interests of commercial, recreational, and Indigenous fishers are taken into account. The Act imposes several obligations on AFMA and other relevant parties. AFMA must now consider the interests of commercial, recreational, and Indigenous fishers when performing its functions, as well as matters related to recreational or Indigenous fishing. Additionally, AFMA must ensure that management advisory committees include members with appropriate industry and recreational fishing experience. Failure to comply with the provisions of the amended Acts may result in civil or criminal consequences, depending on the nature of the breach. However, the Act itself does not specify any particular offences, penalties, or consequences for non-compliance. Instead, these would be found in the Fisheries Administration Act 1991 and the Fisheries Management Act 1991, which contain provisions for penalties and enforcement measures.