EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 78
Issued by the authority of the Minister of State for Primary Industries and Energy.
FISHERIES ACT 1952
FISHERIES REGULATIONS (AMENDMENT)
Paragraph 17(1)(a) of the Fisheries Act 1952 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act. As far as it is relevant the Act makes provision for returns to be furnished with information relating to the taking of fish in Australian waters and the sale or disposal of such fish.
Proposed Regulation 15B of the Fisheries Regulations requires a person who receives orange roughy for purposes of processing for trade, or of sale by wholesale or retail to furnish a return to the Commonwealth.
Under proposed subregulation (3), processors will be required to furnish a return by facsimile transmission within 24 hours after the end of any day on which they receive any orange roughy.
Under proposed subregulation (4), processors will be required to send, within 48 hours of the end of the week, hard copy returns for weeks, ending on Sundays, in which they receive orange roughy.
The Regulation includes a defence to a prosecution for failure to comply with either of the above requirements. Under proposed subregulation (6), it is a defence if the processor shows that it was not reasonably practicable for them to comply with the requirement within the time specified and that they complied as soon as was reasonably practicable.
Proposed subregulation (5) lists the information required to be supplied under subregulations (3) and (4).
The Regulations will take effect on 1 May 1990.
Overview
The Fisheries Regulations (Amendment) 1990, issued under the authority of the Minister of State for Primary Industries and Energy, amends the Fisheries Regulations 1952, which were made under the Fisheries Act 1952. The primary objective of the Fisheries Act 1952 is to provide for the management and conservation of fisheries resources within Australian waters. This includes the regulation of fishing activities and the collection of data on fish catches and their sale. The amendment introduces new reporting requirements for processors who receive orange roughy for the purposes of processing for trade or for sale by wholesale or retail. Specifically, processors are required to furnish a return detailing these activities to the Commonwealth. These returns must be submitted within a strict timeframe, with faxed reports due within 24 hours after the end of the day on which orange roughy is received, and hard copy returns sent within 48 hours of the end of the week. This amendment aims to enhance the monitoring and management of orange roughy fisheries by ensuring timely and accurate reporting of related activities.
Scope and Application
The Fisheries Regulations (Amendment) 1990, made under the authority of the Fisheries Act 1952, extends the scope of reporting requirements specifically for processors who receive orange roughy for processing, wholesale, or retail sale. These regulations apply to any person or entity that engages in the receipt of orange roughy for these purposes within Australian waters, thereby ensuring that such activities are subject to detailed reporting obligations. The amendments mandate that these entities must furnish returns containing information about the fish they handle, both electronically and in hard copy formats, within specified timeframes. This regulatory framework applies on a national level across all Australian waters, impacting fisheries management and compliance practices. Notably, the regulations introduce a defence mechanism for processors who cannot meet the reporting deadlines due to unforeseeable circumstances, provided they can demonstrate that compliance was not reasonably practicable within the stipulated timeframes and that they have complied as soon as reasonably possible.
Key Provisions
The Fisheries Regulations (Amendment) Statutory Rules 1990 No. 78 introduce amendments to the Fisheries Regulations under the Fisheries Act 1952 (the Act). Specifically, the new Regulation 15B pertains to the reporting obligations for entities that handle orange roughy for processing or sale. According to Regulation 15B, any person or entity that receives orange roughy for processing or sale must submit a return to the Commonwealth. This return must include specific information about the quantities and transactions related to the orange roughy.
Under Regulation 15B(3), processors are required to submit a return via facsimile transmission within 24 hours after the end of any day during which they receive orange roughy. Furthermore, under Regulation 15B(4), hard copy returns must be submitted within 48 hours after the end of each week, specifically for weeks that conclude on a Sunday. These requirements ensure timely and accurate reporting of orange roughy transactions.
Entities subject to these regulations must comply with the specified timeframes for reporting. If a processor cannot meet these deadlines, Regulation 15B(6) provides a defence if the processor can demonstrate that it was not reasonably practicable to comply within the specified timeframe and that they complied as soon as reasonably practicable. Regulation 15B(5) details the specific information that must be included in the returns, such as the quantity of orange roughy received, processed, or sold.
Failure to comply with the obligations set out in Regulation 15B could result in enforcement actions. While the Act does not explicitly state penalties, breaches of regulations under the Fisheries Act 1952 can typically lead to fines and other civil or criminal consequences. The severity of the penalty would depend on the nature and extent of the breach, and it is advisable for processors to ensure strict adherence to the reporting requirements to avoid any legal repercussions.