EXPLANATORY STATEMENT
Issued by the authority of the Protected Zone Joint Authority
Torres Strait Fisheries Act 1984
TORRES STRAIT FISHERIES LOGBOOK INSTRUMENT 2015
Sub-section 14(1) of the Torres Strait Fisheries Act 1984 (the Act) provides that the Minister for Agriculture, Fisheries and Forestry may, by legislative instrument, require the master of a boat licensed under section 19 of the Act to provide information relating to the taking or processing of fish with the use of a boat in the course of commercial fishing (other than community fishing).
Sub-section 35(1) of the Act provides for the Protected Zone Joint Authority (PZJA) to exercise the powers of the Minister under subsection 14(1) of the Act.
The instrument revokes and replaces two previous logbook instruments which ceased to apply due to the provisions of sub-regulation 11(5) of the Torres Strait Fisheries Regulations 1995. Sub-regulation 11(5) provides that completion of logbooks is not required beyond 3 years from the date of the commencement of the instrument.
Torres Strait Fisheries Logbooks
Sub-regulation 10(1) of the Torres Strait Fisheries Regulations 1985 (the Regulations) requires the Minister (or PZJA) to publish logbooks where he is satisfied that information is required in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish.
Schedule 1 of the proposed instrument specifies the current applicable logbooks.
Sub-section 14(9) of the Act provides that the instrument will come into force no earlier than one month after the instrument has been made. Accordingly, the Instrument will take effect 35 days after it has been registered on the Federal Register of Legislative Instruments (FRLI). The additional few days will allow the instrument also to be published in a newspaper circulating in the State of Queensland in accordance with sub-regulation 11(4) of the Regulations.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement was not required for this Instrument consistent with the agreement updated on 30th June 2014 to cover specific routine regulatory changes deemed to be of a minor or machinery nature.
Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
The PZJA assesses under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. The PZJA’s Statement of Compatibility is attached as a supporting document.
Consultation
The content of this instrument has been approved by the PZJA.
Details of the Instrument are set out below:
Clause 1 provides for the instrument to be cited as the Torres Strait Fisheries Logbook Instrument 2015.
Clause 2 provides that the instrument commences 35 days after it has been registered.
Clause 3 provides that the instrument ceases on 1 June 2018 unless earlier revoked.
Clause 4 revokes the two previous logbook instruments with the commencement of the instrument
Clause 5 provides that the master of any boat licensed under section 19 or, the master of any boat licensed in Papua New Guinea but endorsed to commercially fish in the area of the Australian jurisdiction under section 20 of the Act, who uses the boat for the taking or processing of fish, is required to complete the electronic or paper logbook specified in Schedule 1 of the Instrument.
Clause 6 provides that the electronic or paper logbook must be completed, as per instructions attached to the electronic or paper logbook.
Clause 7 provides that completion of the logbook is not required beyond 3 years from the date of the commencement of the instrument, provided for by sub-regulation 11(5) of the Torres Strait Fisheries Regulations 1995.
Clause 8 provides that the logbook must be completed in accordance with the logbook instructions, on every day that the fishing licence is in force, regardless of whether or not fishing takes place on that day.
Clause 9 provides an interpretation of terms used in the instrument.
Clause 10 provides where paper logbooks may be obtained.
Clause 11 provides where electronic logbooks may be obtained.
Schedule 1 provides information on the logbooks to be used.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
TORRES STRAIT FISHERIES LOGBOOK INSTRUMENT 2015
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
This Legislative Instrument requires the master of a boat licensed under section 19 of the Torres Strait Fisheries Act 1984 to provide information relating to the taking and processing of fish with the use of a boat in the course of commercial fishing (other than community fishing). The Legislative Instrument ceases to be in effect approximately 3 years from the date of registration.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.