EXPLANATORY STATEMENT
Fisheries Management Act 1991
Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Amendment Direction
No. 1 of 2026
Legal Authority
Subsection 40A(1) of the Fisheries Management Act 1991 (the Management Act) provides that the Australian Fisheries Management Authority (the Authority) may make a written direction requiring any person who holds a fishing concession, or a scientific permit, of a class prescribed in the direction, to comply with:
- Under subsection 40A(1)(a) of the Management Act - obligations that are prescribed in the direction relating to the electronic monitoring (e-monitoring) of fishing-related activity; or
- Under subsection 40A(1)(b) of the Management Act - prescribed restrictions on engaging in fishing if any obligation prescribed under subsection 40A(1)(a) has not been, or is not being, complied with.
Subsection 40A(2) of the Management Act sets out some examples of obligations that may be prescribed under subsection 40A(1) of the Management Act. Subsection 40A(2) of the Management Act does not limit subsection 40A(1)(a) of the Management Act.
The Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Amendment Direction No. 1 of 2026 (the Amendment Direction) is a legislative instrument for the purposes of the Legislation Act 2003 (the LA).
Background to the Amendment Direction
The Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Direction 2026 (the Principal Direction) establishes requirements relating to the installation, operation and maintenance of e-monitoring systems and the provision of e-monitoring data in the Eastern Tuna and Billfish Fishery.
Following the making of the Principal Direction, a number of minor drafting issues were identified which may affect the clarity and intended operation of certain provisions. The Amendment Direction makes technical amendments to correct these issues and ensure the Principal Direction operates as intended.
Purpose
The purpose of the Amendment Direction is to amend the Principal Direction to correct minor drafting issues identified after the Principal Direction was made.
The Amendment Direction makes two amendments:
Item 1 of Schedule 1 inserts the word “must” into subsection 6(1) of the Principal Direction after the words “A fishing concession holder (or a person acting on behalf of the fishing concession holder) fishing pelagic longline in the Eastern Tuna and Billfish Fishery”. This clarifies that subsection 6(1) imposes a mandatory obligation. The amendment does not introduce a new requirement and is consistent with the original policy intent of the Principal Direction.
Item 2 of Schedule 1 inserts the word “and” into paragraph 7(1)(a)(i) of the Principal Direction after the words “data drive exchange;”. This amendment corrects a drafting omission and ensures the paragraph reads as intended. The amendment is editorial in nature and does not alter the substantive operation of the provision.
The Amendment Direction does not change the underlying policy, regulatory requirements or compliance expectations established by the Principal Direction.
Sunsetting
The Amendment Direction does not have an expiry date; however, Part 4 of Chapter 3 of the LA (the sunsetting provisions) applies to the instrument.
Consultation
The Authority presented a draft of the Principal Direction to the Tropical Tuna Management Advisory Committee (TTMAC) on 15 May 2026, with feedback considered in the final drafting.
The amendments made by the Amendment Direction are minor and machinery in nature. They clarify the operation of existing provisions and correct a drafting omission. The amendments do not alter the policy intent of the Principal Direction or impose any new substantive obligations on concession holders.
The Amendment Direction is made pursuant to s40A(7) of the Management Act which does not require formal consultation. This is clarified via a note that states subsection 40A(4) and (5) of the Management Act do not apply. Given these express exclusions from consultation and the minor nature of amendments and the alignment to the policy of the Principal Direction the Authority did not consult on this instrument.
Overview and content of instrument
Details of the Amendment Direction are set out below:
Clause 1 | Provides that the name of the instrument is the Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Amendment Direction No. 1 of 2026. |
Clause 2 | Provides that the Amendment Direction commences on the day after it is registered. |
Clause 3 | Provides that the Amendment Direction is made under subsection 40A(1) of the Management Act. |
Clause 4 | Provides that the instrument specified in Schedule 1 is amended in accordance with the items in that Schedule. |
Schedule 1, Item 1 | Amends subsection 6(1) of the Principal Direction by inserting the word “must” to clarify that the relevant requirement is mandatory. |
Schedule 1, Item 2 | Amends paragraph 7(1)(a)(i) of the Principal Direction by inserting the word “and” to correct a drafting omission. |
Statement of Compatibility with Human Rights
The Statement of Compatibility with Human Rights at Attachment 1 has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Attachment 1
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2011
Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Amendment Direction No. 1 of 2026
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the legislative instrument
The Amendment Direction makes minor drafting amendments to the Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Direction 2026.
The amendments correct drafting omissions and clarify the intended operation of existing provisions. The amendments do not introduce any new substantive obligations and do not alter the policy intent of the Principal Direction.
Human rights implications
The Amendment Direction engages the following rights under international human rights law:
Right to work - Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); and
Right to privacy – Article 22 of the CRPD and Article 17 of the International Covenant on Civil and Political Rights (ICCPR).
Right to work – Article 6 of the ICESCR
Article 6 of ICESCR recognises the right to work and 'includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts'. The Amendment Direction engages the right to work by imposing on fishing concession holders (or persons acting on their behalf), who are engaged in commercial fishing operations, an obligation to use E-monitoring equipment that would capture images of the fishing operation, including the means by which the operation is conducted and the amount and type of fish captured, which is commercially sensitive information.
Further, a fishing concession holder would not be permitted to conduct commercial fishing operations if it does not comply with the Amendment Direction. This requirement reflects a proportionate approach whereby compliance with the Amendment Direction is not onerous but it would otherwise be difficult for the Authority to monitor compliance by fishing concession holders with fisheries legislation if the e-monitoring equipment was not installed on nominated boats. To the extent that the Amendment Direction engages the right to work, any restriction is proportionate and necessary in achieving the protection of fisheries. Further, e-monitoring data is accessible by the e-monitoring service provider and the Authority.
Right to privacy – Article 22 of the CRPD and Article 17 of the ICCPR
Article 22 of the CRPD and Article 17 of the ICCPR provides that no one shall be subjected to arbitrary or unlawful interference with their privacy.
The Amendment Direction engages the right to privacy by video recording persons working on a nominated boat. The Amendment Direction is compatible with human rights because, to the extent that it may limit a person's right to privacy, the limitations are reasonable and necessary to achieving the protection of fisheries. Further, e-monitoring data is only accessible by the e-monitoring service provider and the Authority. The information obtained by the Authority will be collected, stored, used and disclosed by the Authority in accordance with all relevant legislation, including the Privacy Act 1988 (Cth).
Conclusion
The Amendment Direction is compatible with human rights because it does not raise any human rights issues. To the extent that the Principal Direction engages human rights, the Amendment Direction merely corrects drafting omissions and clarifies the operation of existing provisions without affecting substantive rights or obligations.