EXPLANATORY STATEMENT
LEGISLATIVE INSTRUMENT
Issued by the Authority of the Australian Fisheries Management Authority
Fisheries Management Act 1991
Fish Receiver Permits Declaration 2006
The Fish Receiver Permits Declaration 2006 (the Declaration) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Subsection 91 (1) of the Fisheries Management Act 1991 (the FM Act) provides that:
AFMA may, by notice published in the Gazette, declare a specified fishery to be a fishery to which this Division applies.
A fish receiver permit authorises the holder to receive fish from a person engaged in commercial fishing in fisheries specified in a declaration under section 91(1) of the FM Act. Fish receiver permits are granted on application in accordance with section 91 of the FM Act.
This declaration will allow fish receiver permits to be granted on application for the following Commonwealth managed fisheries: the Bass Strait Central Zone Scallop Fishery, Coral Sea Fishery, Eastern Tuna and Billfish Fishery, Norfolk Island Offshore Demersal Finfish Fishery, Southern and Eastern Scalefish and Shark Fishery, Southern Bluefin Tuna Fishery, Southern Squid Jig Fishery, South Tasman Rise Fishery and Western Tuna and Billfish Fishery.
Holders of fish receiver permits will be authorised to receive fish from persons engaged in commercial fishing in the fisheries specified in the declaration.
No consultation was undertaken as the declaration is minor or machinery in nature. The Office of Regulation Review has advised that a Regulation Impact Statement is not mandatory on the basis that the declaration is of a minor or machinery nature and does not substantially alter existing arrangements (ID 8644).
The Fish Receiver Permits Declaration 2006 commences on the day after registration in the Federal Register of Legislation Instruments.
Details of the declaration are set out below:
Paragraph 1
Paragraph 1 provides for the name of the declaration to be the Fish Receiver Permits Declaration 2006.
Paragraph 2
Paragraph 2 provides that the declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
Paragraph 3
Paragraph 3 provides for the definition of terms in the declaration.
Paragraph 4
Paragraph 4 lists the Commonwealth fisheries which are the subject of the declaration.
Paragraph 5
Paragraph 5 revokes all previous declarations made under s 91(1) of the FM Act.