EXPLANATORY STATEMENT
Fisheries Management (Type Approved E-monitoring Systems) Direction 2026
Legislative 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.
Purpose
The Fisheries Management (Type Approved E‑monitoring Systems) Direction 2026 (the Direction) forms part of the Authority’s broader approach to modernising monitoring and compliance through technology‑enabled solutions.
The Direction is a legislative instrument for the purposes of the Legislation Act 2003 and operates in conjunction with fishery‑specific e‑monitoring directions made under section 40A(1) of the Management Act.
The purpose of the Direction is to specify the types of electronic monitoring (e‑monitoring) systems that must be used in particular Commonwealth fisheries. Where a person, such as a fishing concession holder (or a person acting on their behalf) is required under a fishery‑specific direction to install, operate and maintain an e‑monitoring system on a nominated boat, that requirement must be met using a system type specified in the Direction for the relevant fishery.
The Direction also provides for transitional arrangements to support an orderly transition to approved system types. These arrangements allow one type of legacy e‑monitoring system installed on a boat prior to the commencement of the Direction to continue operating until that system becomes non‑operational, after which an approved system must be installed and used.
Fisheries
The Direction applies to Commonwealth fisheries in which a person is required, under a fishery-specific direction made under subsection 40A(1) of the Management Act, to install, operate and maintain an e-monitoring system.
The fisheries to which this Direction applies are specified in clauses 5 to 10 of the Direction, namely the Eastern Tuna and Billfish Fisheries (ETBF), the Western Tuna and Billfish Fisheries (WTBF), the Small Pelagic Fishery (SPF), the Southern and Eastern Scalefish and Shark Fishery (SESSF), the North West Slope Trawl Fishery (NWSTF), and the Western Deepwater Trawl Fishery (WDTF).
The Direction supports the consistent implementation of e‑monitoring requirements across these fisheries by prescribing the types of e‑monitoring systems that may be used, while allowing for fishery-specific operational requirements to be addressed through separate directions.
Sunsetting
The Direction does not have an expiry date, however Part 4 of Chapter 3 of the Legislation Act 2003 (the sunsetting provisions) applies to the instrument.
Consultation
The Authority consulted relevant MACs on a draft of the Direction, including:
Tropical Tuna MAC (TTMAC), which provided advice on the ETBF and WTBF, during an out of session paper circulation on 15 May 2026;
South East MAC (SEMAC), which provided advice on the SPF and SESSF, at its meeting on 22 April 2026.
General support for the Direction was received, and feedback was considered in the final drafting.
MACs are statutory committees established by the Authority under section 56 of the Fisheries Administration Act 1991. The main function of MACs is to provide advice to the Authority on the preparation of management arrangements, the operation of the relevant fishery and reporting to the Authority on scientific, economic and other information on the status of fish stocks, sub-stocks, species (target and non-target species) and the impact of fishing on the marine environment. This advice assists the Authority in its role to regulate commercial fishing of Commonwealth fisheries. Membership of these committees include an independent chair and representative from the Authority, the fishing industry, scientific and conservation experts.
For the NWTF and WDTF, where there are no formal consultative structures or representative associations, the Authority presented a draft of the Direction to concession holders on 15 June 2026. Support for the Direction was indicated, and no issues were raised.
The consultation for this direction accordingly satisfies the criteria in s40A(4) of the Management Act.
Overview and content of instrument
Details of the direction are set out below:
Clause 1 | Provides for the instrument to be cited as the Fisheries Management (Type Approved E-monitoring Systems) Direction 2026. |
Clause 2 | Provides that the instrument commences on 1 July 2026. |
Clause 3 | Provides that the instrument is made under section 40A(1) of the Management Act. |
Clause 4 | Provides definitions of certain terms used in the direction, including by reference to definitions already contained in Section 4 of the Management Act. |
Clauses 5 to 10 | Clauses 5 to 10 specify, for each relevant Commonwealth fishery, the types of e‑monitoring systems that may be used where a person is required under a fishery‑specific e‑monitoring direction to install and operate e‑monitoring. The clauses also include transitional arrangements that permit certain e‑monitoring systems installed prior to the commencement of the instrument to continue to be used until they become non‑operational.
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Documents incorporated by reference
The instrument incorporates by reference the Fisheries Management (E-monitoring Eastern Tuna and Billfish Fishery) Direction 2026, Fisheries Management (E-monitoring Western Tuna and Billfish Fishery) Direction 2026, Fisheries Management (E-monitoring Small Pelagic Fishery) Direction 2026, Fisheries Management (E-monitoring Southern and Eastern Scalefish and Shark Fishery) Direction 2026, Fisheries Management (E-monitoring North West Slope Trawl Fishery) Direction 2026, Fisheries Management (E-monitoring Western Deepwater Trawl Fishery) Direction 2026, all as existing from time to time.
These Directions express the class of fishing concession or scientific permit that the instrument applies to, and detail when an e-monitoring system must be installed and in use. These Directions are freely available on the Federal Register of Legislation at www.legislation.gov.au.
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 (Type Approved E-monitoring Systems) Direction 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 Direction applies to the Commonwealth fisheries referred to in it, to specify the types of e‑monitoring systems that must be used where a fishing concession holder is required under a fishery‑specific e‑monitoring direction to install and operate e‑monitoring equipment. The Direction also includes a transitional arrangement that permit a type of e‑monitoring system installed prior to the commencement of the Direction to continue to be used until that system becomes non‑operational.
Human rights implications
The Direction does not engage any of the applicable rights or freedoms.
Conclusion
The Direction is compatible with human rights as it does not raise any human rights issues.