Torres Strait Fisheries Logbook Instrument 2015

Administered by Department of Agriculture

Legislation au F2015L01256 Not in force Legislative Instrument

Legislation content

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.

 

 

 

Overview

The Torres Strait Fisheries Logbook Instrument 2015, enacted by the Protected Zone Joint Authority, was introduced to address the need for updated regulations concerning the logbooks that masters of boats licensed under the Torres Strait Fisheries Act 1984 must maintain. The problem it addresses stems from the outdated requirements for logbooks, which were no longer applicable due to changes in regulations, necessitating a new legislative instrument to provide clear and current guidelines for the recording of fishing activities. The policy objective is to ensure that comprehensive and accurate records are maintained for the taking and processing of fish in the Torres Strait, thereby supporting effective fisheries management and compliance with the Act. The Instrument aims to streamline and modernise the logbook requirements, facilitating better monitoring and enforcement of fishing practices in the region.

Scope and Application

The Torres Strait Fisheries Logbook Instrument 2015 applies to the masters of boats licensed under section 19 of the Torres Strait Fisheries Act 1984, or those licensed in Papua New Guinea but endorsed to commercially fish in the area of Australian jurisdiction under section 20 of the Act. These individuals must complete electronic or paper logbooks for the taking and processing of fish as specified in the Schedule of the instrument. The geographic reach of the Act is limited to the Torres Strait region, which is subject to Australian jurisdiction, and the instrument ensures that the logbooks are completed in accordance with the instructions provided, on every day that the fishing licence is in force, irrespective of whether fishing activities occur on that day. The instrument revokes and replaces two previous logbook instruments which ceased to apply due to sub-regulation 11(5) of the Torres Strait Fisheries Regulations 1995. The instrument will come into force 35 days after it has been registered on the Federal Register of Legislative Instruments and will cease on 1 June 2018 unless earlier revoked. The Protected Zone Joint Authority has determined that this legislative instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The Torres Strait Fisheries Logbook Instrument 2015 (Clause 5) mandates that the master of a boat licensed under section 19 of the Torres Strait Fisheries Act 1984, or a master of a boat licensed in Papua New Guinea but endorsed to commercially fish in Australian jurisdiction under section 20 of the Act, must complete an electronic or paper logbook specified in Schedule 1 when using the boat for the taking or processing of fish. The logbook must be filled out as per the instructions attached to it (Clause 6). This requirement applies regardless of whether fishing activities occur on any given day that the fishing licence is in force (Clause 8). Additionally, the obligation to complete the logbook ceases three years from the instrument’s commencement, as per sub-regulation 11(5) of the Torres Strait Fisheries Regulations 1995 (Clause 7). The instrument also specifies where paper logbooks (Clause 10) and electronic logbooks (Clause 11) can be obtained. The Act imposes several obligations on the parties it governs. The master of a boat licensed under section 19 or a master of a boat licensed in Papua New Guinea but endorsed to commercially fish in Australian jurisdiction under section 20, must ensure that the logbook is completed daily, as per Clause 8. The logbook must be filled out according to the attached instructions (Clause 6) and must be maintained for every day the fishing licence is in force, even if no fishing occurs. The logbook must be completed within three years from the date of the instrument’s commencement (Clause 7). The master must also obtain the logbook from the specified sources as outlined in Clauses 10 and 11. Breaches of the obligations under this instrument do not explicitly outline specific offences, penalties, or civil/criminal consequences in the text provided. However, the Torres Strait Fisheries Act 1984 and associated regulations may include provisions for penalties for non-compliance. Generally, failure to comply with logbook requirements could result in fines, revocation of fishing licences, or other penalties as prescribed under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1995. The exact penalties would depend on the specific regulatory framework in place at the time of the breach.

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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.