Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Amendment Direction No. 1 of 2026

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2026L00972 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark 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(7) provides that the Authority may, at any time, by a further direction in writing, vary or revoke a direction made under subsection 40A(1).

The Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark 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 Southern and Eastern Scalefish and Shark 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 Southern and Eastern Scalefish and Shark 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 errors and clarify the operation of existing provisions.

The Amendment Direction makes four amendments:

  • Item 1 inserts the word "and" in paragraph 6(2)(a) of the Principal Direction to ensure the provision operates as intended as part of a series of cumulative criteria.
  • Item 2 inserts the word "and" in paragraph 6(2)(b) of the Principal Direction to ensure the provision operates as intended as part of a series of cumulative criteria.
  • Item 3 inserts the word "not" in paragraph 6(2)(e) of the Principal Direction. This amendment corrects an omission and ensures that the exemption provision operates consistently with its intended policy outcome.
  • Item 4 inserts the word "and" in subparagraph 7(1)(a)(i) of the Principal Direction to correct a drafting omission.

The amendments do not introduce new policy settings. They are intended to clarify and give effect to the original policy intent of 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 the Principal Direction to the South East Management Advisory Committee meeting held on 22 April 2026. General support for the Principal Direction was received, and feedback was 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 and 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 direction are set out below:

Clause 1

Provides that the name of the instrument is the Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark 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 paragraph 6(2)(a) of the Principal Direction by inserting the word "and" after the words "the concession holder and the boat both entered the Gillnet, Hook and Trap Sector before 1 July 2026;".

Schedule 1, Item 2

Amends paragraph 6(2)(b) of the Principal Direction by inserting the word "and" after the words "the boat fished for fewer than fifty (50) fishing days in each of the previous two consecutive fishing seasons, using any fishing method in the Gillnet, Hook and Trap Sector (GHAT);".

Schedule 1, Item 3

Amends paragraph 6(2)(e) of the Principal Direction by inserting the word "not" after the words "AFMA has". This amendment corrects a drafting omission and ensures the exemption provision operates as intended.

Schedule 1, Item 4

Amends subparagraph 7(1)(a)(i) of the Principal Direction by inserting the word "and" after the words "data drive exchange;". This amendment corrects 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 Southern and Eastern Scalefish and Shark 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 Southern and Eastern Scalefish and Shark 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 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 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.

 

Overview

The Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Amendment Direction No. 1 of 2026 is an amendment to the Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2026. This Amendment Direction was enacted to address minor drafting errors and to clarify the operation of existing provisions within the principal direction, without introducing any new substantive obligations. The Australian Fisheries Management Authority (AFMA), acting under the authority granted by subsection 40A(1) of the Fisheries Management Act 1991, made this amendment to ensure that the original policy intent of the principal direction is effectively realised. The Amendment Direction makes four specific technical amendments to correct drafting omissions and to ensure that the exemption and cumulative criteria provisions operate as intended. The policy objective behind these amendments remains consistent with the original direction, focusing on ensuring compliance with fisheries legislation through the effective use of electronic monitoring systems. The Amendment Direction, while minor in nature, is crucial for maintaining the integrity and functionality of the e-monitoring requirements set forth in the principal direction. Given the technical nature of the amendments and their alignment with the original policy intent, the AFMA did not undertake formal consultation processes for this instrument. Instead, feedback from the South East Management Advisory Committee meeting held on 22 April 2026 was considered in the final drafting of the principal direction. This amendment direction ensures that the electronic monitoring provisions are clearly and effectively implemented, facilitating better compliance and enforcement in the Southern and Eastern Scalefish and Shark Fishery.

Scope and Application

The Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Amendment Direction No. 1 of 2026 applies to any person holding a fishing concession or a scientific permit of a class prescribed in the direction, specifically within the Southern and Eastern Scalefish and Shark Fishery. The Amendment Direction is made under subsection 40A(1) of the Fisheries Management Act 1991 and aims to correct minor drafting issues in the principal direction, ensuring that the e-monitoring requirements are clear and effectively implemented. The geographic reach of this legislation is limited to the Southern and Eastern Scalefish and Shark Fishery areas, and it does not introduce any new substantive obligations. Instead, it focuses on clarifying existing provisions and correcting omissions to maintain the integrity of the e-monitoring requirements. The Amendment Direction does not specify any exclusions or exemptions and does not set thresholds; however, it is subject to the sunsetting provisions under Part 4 of Chapter 3 of the Legislation Act 2003. The Authority has the power to vary or revoke the direction at any time under subsection 40A(7) of the Management Act.

Key Provisions

The Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Amendment Direction No. 1 of 2026 (Amendment Direction) is a legislative instrument that makes minor amendments to the Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2026 (Principal Direction). The Amendment Direction aims to correct minor drafting issues identified in the Principal Direction, ensuring that it operates as intended without introducing new policy settings. Specifically, the Amendment Direction makes technical amendments to clarify the operation of existing provisions, such as inserting the word "and" in certain paragraphs to ensure cumulative criteria are correctly applied and correcting a drafting omission by inserting the word "not" in a specific paragraph (Items 1-4). These amendments are purely mechanical, designed to give effect to the original policy intent of the Principal Direction. The obligations imposed on the parties governed by the Amendment Direction include the requirement for fishing concession holders and scientific permit holders in the Southern and Eastern Scalefish and Shark Fishery to comply with e-monitoring obligations. These obligations relate to the installation, operation, and maintenance of e-monitoring systems, as well as the provision of e-monitoring data. The primary purpose of these requirements is to facilitate better monitoring and management of fishing activities, ensuring compliance with fisheries legislation. Concession holders must use e-monitoring equipment to capture images of their fishing operations, including details about the fishing methods and the amount and type of fish captured. This data is essential for the Australian Fisheries Management Authority (Authority) to monitor compliance and protect fisheries. The Amendment Direction also addresses potential human rights implications, particularly the right to work and the right to privacy. The right to work, as recognised under Article 6 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), is engaged by the requirement for concession holders to use e-monitoring equipment. However, the Direction ensures that this obligation is proportionate and necessary for the protection of fisheries. Similarly, the right to privacy, protected under Article 22 of the Convention on the Rights of Persons with Disabilities (CRPD) and Article 17 of the International Covenant on Civil and Political Rights (ICCPR), is considered. The Amendment Direction ensures that the limitations on privacy are reasonable and necessary for achieving the protection of fisheries, with e-monitoring data accessible only to the e-monitoring service provider and the Authority. In terms of consequences for non-compliance, while the Amendment Direction itself does not specify penalties, breaches of the obligations set out in the Principal Direction, as amended by this instrument, could lead to enforcement actions by the Authority. These actions may include restrictions on engaging in fishing activities if the e-monitoring obligations are not met. The maximum penalties for breaches of the Fisheries Management Act 1991 could include fines and, in severe cases, imprisonment. These provisions underscore the importance of adhering to the requirements set forth in the Amendment Direction to avoid legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.