EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 359
Issued by the Authority of the Minister for Primary Industry
TORRES STRAIT FISHERIES ACT 1984
TORRES STRAIT FISHERIES REGULATIONS
Sub-regulation 60(1) of the Torres Strait Fisheries Act 1984 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed by the Act for carrying out or giving effect to the Act.
The Fisheries Legislation Amendment Act 1985 amended paragraph 60(1)(c) of the Act to provide that the Regulations may prescribe a penalty not exceeding $2,000 in the case of a natural person and $10,000 in the case of a body corporate for offences against the Regulations. Paragraph 60(1)(f) provides for the marking of boats licensed under the Act.
Regulation 1 and Schedule 3 inserted by Regulation 3 amend the Regulations to prescribe the dimensions of the letters and numerals comprising the distinguishing number for a boat, which is to be marked in block letters and figures on a yellow ground. The dimensions prescribed conform with what Queensland law requires in that regard.
Sub-regulation 7(3) is amended to increase the penalty to $2,000 for a natural person or $10,000 for a body corporate failing to display the distinguishing number assigned under the Regulations to a licensed boat, to display that number in the prescribed manner or to remove that number from a boat that has ceased to be licensed.
Sub-regulation 8(2) is amended to increase to $2,000 the penalty for failing to comply with Marine Orders relating to the prevention of collisions.
Sub-regulation 12(4) is amended to increase to $2,000 the penalty for failing to record information in a prescribed log-book or to furnish log-book folios to an officer or to the Department.
The penalties prescribed comply with Commonwealth legal policy on levels of penalties.
Authority: Sub-section 60(1) of the Torres Strait Fisheries Act 1984
Overview
The Torres Strait Fisheries Act 1984, enacted by the Australian Parliament, was introduced to address the management and regulation of fisheries within the Torres Strait, aiming to ensure sustainable fishing practices and protect the rights of traditional fishers. The Act provides the framework for the regulation of fisheries in the Torres Strait, including licensing, marking of boats, and compliance with marine orders. The accompanying Torres Strait Fisheries Regulations were subsequently established to provide further detail on the implementation of the Act. The Fisheries Legislation Amendment Act 1985 amended the Act to allow for the introduction of penalties for offences against the Regulations, thereby providing a deterrent against non-compliance. The policy objective of these amendments was to ensure adherence to the Act’s provisions by enforcing appropriate penalties for violations, thereby maintaining the integrity and sustainability of the fisheries within the Torres Strait.
Scope and Application
The Torres Strait Fisheries Regulations, which are amendments to the Torres Strait Fisheries Act 1984, apply to all natural persons and bodies corporate operating within the fisheries sector in the Torres Strait region. This includes all boats licensed under the Act, as well as their operators and owners. The geographic reach of these regulations is confined to the Torres Strait, a body of water located between the northern tip of Queensland and Papua New Guinea, and is specifically designed to manage and regulate fishing activities in this area. The regulations encompass a range of activities including the marking of boats, adherence to Marine Orders to prevent collisions, and the recording of information in prescribed log-books. The Act extends its application through subordinate instruments such as these regulations, which provide detailed prescriptions and penalties for non-compliance. The penalties prescribed for offences under the regulations are $2,000 for natural persons and $10,000 for body corporates, aligning with Commonwealth legal policy on penalty levels.
Key Provisions
The Torres Strait Fisheries Regulations, as amended, include several key provisions that are essential for compliance under the Torres Strait Fisheries Act 1984. One significant aspect is the regulation of boat markings (Reg. 1 and Sch. 3), which mandates that licensed boats must display a distinguishing number in block letters and figures on a yellow ground. These dimensions are aligned with Queensland law, ensuring uniformity and clarity in boat identification. Furthermore, sub-regulation 7(3) imposes a financial penalty of up to $2,000 for a natural person or $10,000 for a body corporate if they fail to display the distinguishing number, display it in the prescribed manner, or remove it from a boat that has ceased to be licensed.
The regulations also place certain obligations on the parties involved. Licensed boat operators must ensure their boats are clearly marked with the distinguishing number as specified, and must maintain and display this marking in the required manner. Additionally, operators must comply with Marine Orders to prevent collisions, with non-compliance resulting in a penalty of up to $2,000 for a natural person or $10,000 for a body corporate (sub-reg. 8(2)). Log-book record-keeping is another critical obligation, with sub-regulation 12(4) imposing penalties of up to $2,000 for natural persons and $10,000 for body corporates for failure to record information in a prescribed log-book or to provide log-book folios to an officer or the Department.
In terms of consequences for breaches, the regulations are quite stringent. Natural persons found non-compliant with the marking, display, or record-keeping requirements may face fines of up to $2,000, while body corporates face fines of up to $10,000. These penalties reflect the Commonwealth's legal policy on penalty levels, ensuring that breaches are adequately addressed to maintain regulatory standards and compliance within the Torres Strait fisheries sector. The severity of the penalties underscores the importance of adhering to the prescribed regulations to avoid legal and financial repercussions.