EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 233
Issued by the Authority of the Minister for Primary Industry
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Section 17 of Fisheries Act 1952 provides that the Governor-General may make regulations prescribing, inter alia, all matters which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. Sub-section 13 BA(2) of the Act provides that it is defence to a prosecution for an offence of bringing a foreign fishing boat into a port otherwise than in accordance with a licence or an authorisation under sub-section 13 BAA(1) of the Act, if the boat is brought into the port in accordance with a prescribed agreement between Australia and another country.
The Ambassador of the United States of America formally proposed to the Minister for Foreign Affairs on 10 April 1984 that Australia permit an agreed number of United States commercial fishing vessels to enter nominated Australian ports for the purposes of undertaking repairs and maintenance. On 10 May 1984 the Minister for Primary Industry agreed to the American proposals, on behalf of the Australian Government, and also agreed that the exchange of notes of 10 April and 10 May 1984 constitute an agreement between the Governments of the two countries which entered into force on 10 May 1984.
The regulations establish the exchange of notes between the Ambassador of the United States of America and the Minister for Primary Industry as a prescribed agreement for the purposes of sub-section 13 BA(2) of the Act.