Fishing Industry Research Amendment Act 1987

Overview

The Fishing Industry Research Amendment Act 1987, enacted by the Queen, the Senate and the House of Representatives, aims to amend the existing Fishing Industry Research Act 1969. This legislation was introduced to address certain inefficiencies and outdated provisions within the principal Act. By repealing and substituting specific sections, the amendment seeks to streamline the administration and application of funds within the fishing industry research framework. The policy objective appears to focus on enhancing the efficiency of the Research Account and ensuring that annual reports on the operation of the Act are timely and accurately reflect the activities and outcomes of the research initiatives undertaken. This Act came into operation upon receiving Royal Assent.

Scope and Application

The Fishing Industry Research Amendment Act 1987 amends the Fishing Industry Research Act 1969 to update and streamline the legal framework for the management and funding of research within the Australian fishing industry. This Act applies to the fishing industry as defined in the Fishing Industry Act 1956, encompassing all entities and individuals engaged in fishing activities within the jurisdiction of the Commonwealth of Australia. The Act mandates the establishment of a Fishing Industry Research Trust Account, into which certain monies must be paid as specified by the Act. The repealed sections of the Principal Act pertain to the management and distribution of funds, which are replaced by provisions that direct the use of the Research Account for research purposes without the previous restrictions. The Minister for Fisheries is responsible for preparing an annual report on the operation of this Act, ensuring transparency and accountability in the management of the Research Account. This Act does not specify any exclusions, exemptions, or thresholds and is applicable across the Commonwealth of Australia.

Key Provisions

The Fishing Industry Research Amendment Act 1987 primarily amends the Fishing Industry Research Act 1969, introducing significant changes to the legislative framework governing fishing industry research. Section 3 of the Act redefines key terms such as "fishing industry" and introduces the term "Research Account," which refers to the Fishing Industry Research Trust Account established by this Act (section 3). Sections 4 and 5 of the Principal Act are repealed, streamlining the legislative provisions (section 4). Additionally, section 7 of the Principal Act is amended to remove the requirement for money to be paid into the Research Account, instead stating that moneys will be allocated directly (section 5). Furthermore, section 8 is amended to clarify that the Research Account's funds will be applied as specified without the need for further conditions (section 6). The obligations imposed by the Act on the parties it governs include the requirement for the Minister to prepare an annual report on the operation of the Act and lay a copy of this report before each House of the Parliament as soon as practicable after the end of each financial year (section 19). This reporting requirement ensures transparency and accountability in the administration of the Research Account and the activities it funds. The Act also includes provisions that address potential breaches and their consequences. While specific offences and penalties are not detailed in the excerpt provided, it is common in legislative frameworks for breaches of reporting requirements or misuse of funds to be subject to civil or criminal penalties. These could include fines, restitution, or other corrective actions, depending on the nature and severity of the breach. The exact penalties would typically be detailed in the main body of the Act or in related regulations.