Logbook Determination (Northern Prawn Fishery) 2013

Administered by Department of Agriculture

Legislation au F2013L00624 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

LEGISLATIVE INSTRUMENT

 

Fisheries Management Act 1991

Logbook Determination (Northern Prawn Fishery) 2013

 

The determination is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

Subsection 42(1) of the Fisheries Management Act 1991 (the Act) provides that:

“AFMA may, by a written determination, in relation to a particular fishery, provide for holders of fishing concessions in respect of that fishery to keep and maintain logbooks containing information in respect of their activities in that fishery.”

 

Subsection 42(1A) of the Act provides that:

“Without limiting the generality of subsection (1), a determination by AFMA in respect of a particular fishery may cover matters including:

(a) the form and content of logbooks for that fishery to be kept by the concession holder; and…”.

 

Subsection 42(1B) of the Act provides that:

“The content of the logbook kept be the holder of a fishing concession in respect of a particular fishery, and of any return of information from such logbook, may extend to information in relation to:

(a)    the taking of fish under that concession and the sale or disposal of such fish; or

(b)    the carrying, landing, transhipping or transporting of fish taken under that fishing concession; or

(c)    the receipt or processing of fish taken under that fishing concession and the sale or disposal of fish so received or processed; or

(d)    the course, or position at regular intervals, inside or outside the outer limits of the AFZ, of boats to which the fishing concession relates; or

(e)    any other matter relevant to the fishing concession in that fishery that is specified in the determination.”

 

Background

The completion of a logbook is a requirement for most fishers operating in fisheries managed by the Australian Fisheries Management Authority (AFMA).  Logbooks are the primary source of data on fishing activity. They provide essential data for the management of fisheries and are the primary source of data on fishing effort and fish catches for stock assessments.

Section 42 of the Act requires that all logbooks are determined under subsection 42(1) of the Act.

Paper based logbooks have previously been determined for the Northern Prawn Fishery. 

 

 

Objectives

 

The instrument determines the form and content of the logbook to be kept and maintained for concession holders in the Northern Prawn Fishery.  The determination provides for the electronic submission of logbooks and the lodgement receipt provided by AFMA evidencing the submission by a concession or license holder.  The determination further prescribes the instructions on how to lodge and obtain an electronic lodgement receipt.   

 

Consultation

 

No consultation was undertaken as the determination is minor and mechanical in nature.

 

Regulation Impact Statement

The Office of Best Practice Regulation advised that a Regulation Impact Statement was not required for this Determination consistent with the agreement in place to cover all regulatory changes deemed to be of a minor or machinery nature. 

 

The Act does not specify any condition as needing to be met before the power to make the determination may be exercised.

 

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AFMA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached as a supporting document. 

 

Determination

 

The details of this determination are set out below:

 

Clause 1  provides that the determination may be cited as the Logbook Determination (Northern Prawn Fishery) 2013.

Clause 2  provides that the determination commences on the day after it is registered on the Federal Register of Legislative Instruments.

Clause 3  provides that the determination ceases as if revoked on 31 December 2016 unless re-determined beforehand.

Clause 4  provides that the terms defined in the Fisheries Management Act 1991 have the same meanings in this determination.

Clause 5 provides that holders of fishing concession granted for the Northern Prawn Fishery must keep and maintain the logbooks prescribed; in accordance with their instructions.

Clause 6  provides the form and content of the logbook that must be kept.

Clause 7  provides the form and content of the logbook that must be kept.

Clause 8  provides the form and content of the logbook that must be kept.

Clause 9 provides for the revocation of the Logbook Determination (Northern Prawn Fishery) 2011.

 

Overview

The Logbook Determination (Northern Prawn Fishery) 2013 was enacted under the Fisheries Management Act 1991 to address the need for a standardised and systematic approach to the collection of fishing data within the Northern Prawn Fishery. This determination was introduced by the Australian Fisheries Management Authority (AFMA) to provide clear guidelines on the form and content of logbooks for concession holders in this fishery, aiming to ensure that accurate and comprehensive data is gathered to support effective fisheries management and stock assessments. This legislative instrument facilitates the electronic submission of logbooks, thus modernising the record-keeping process and enhancing the efficiency of data collection. The determination also outlines the instructions for obtaining and submitting an electronic lodgement receipt as evidence of logbook submission, further streamlining compliance and data management processes for fishers.

Scope and Application

The Logbook Determination (Northern Prawn Fishery) 2013 applies to holders of fishing concessions in the Northern Prawn Fishery, requiring them to keep and maintain logbooks that detail their activities within the fishery. The determination, made under the Fisheries Management Act 1991, specifies the form and content of the logbooks, including the electronic submission of these records and the associated lodgement receipt provided by the Australian Fisheries Management Authority (AFMA). This legislative instrument is in place to ensure that all logbooks are determined under the relevant provisions of the Act and aims to provide essential data for the management of the fishery, as logbooks are the primary source of data on fishing effort and fish catches for stock assessments. The Act extends its jurisdiction across Commonwealth waters, ensuring compliance with national fisheries management standards. The determination does not specify any exclusions or exemptions but is designed to be a comprehensive regulatory measure to facilitate effective fishery management. Subordinate instruments may extend or further define the application of this determination.

Key Provisions

Under the Fisheries Management Act 1991 (section 42(1)), the Australian Fisheries Management Authority (AFMA) has the authority to require fishing concession holders in specific fisheries to maintain logbooks detailing their activities. This requirement is explicitly stated in section 42(1) of the Act, which allows AFMA to mandate the keeping and maintaining of logbooks for fishing concession holders. Furthermore, section 42(1A) of the Act clarifies that these determinations can encompass various aspects of logbook requirements, including the form and content of the logbooks. Section 42(1B) then specifies that the logbook content may include information on the taking, sale, or disposal of fish, as well as the movement and processing of fish, and the location of boats. The Logbook Determination (Northern Prawn Fishery) 2013 imposes several obligations on parties involved in the Northern Prawn Fishery. Primarily, it mandates that fishing concession holders must keep and maintain logbooks as prescribed by the determination. These logbooks must adhere to the specified form and content, ensuring that they provide detailed and accurate information about fishing activities. This includes recording the catch of fish, the sale or disposal of fish, and the movement of boats within or outside the Australian Fisheries Zone. Additionally, concession holders must submit these logbooks electronically and retain the lodgement receipt provided by AFMA as evidence of submission. This requirement is detailed in clauses 5 and 6 of the determination. Failure to comply with the requirements of the Logbook Determination (Northern Prawn Fishery) 2013 can result in significant consequences. Although the legislation does not explicitly state the penalties for non-compliance, breaches of similar requirements under the Fisheries Management Act 1991 can lead to civil and criminal penalties. These penalties can include fines and, in some cases, imprisonment. The severity of the penalties depends on the nature and extent of the breach, with repeat offenders or those found to have caused significant harm to the fishery potentially facing more severe consequences.

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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.