Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 40A

Directions power

  (1)   AFMA may make a written direction requiring any person who holds a fishing concession, or a scientific permit, of a class prescribed in the direction, to comply with:

  (a)   obligations that are prescribed in the direction relating to the e - monitoring of fishing - related activity; or

  (b)   prescribed restrictions on engaging in fishing if any obligation prescribed under paragraph   (a) in the direction has not been, or is not being, complied with.

Note:   See section   97A for offences relating to e - monitoring equipment and e - monitoring data.

  (2)   Without limiting the operation of paragraph   (1)(a), examples of obligations that may be prescribed in a direction made under subsection   (1) include obligations relating to:

  (a)   installing, carrying, using, handling, maintaining or monitoring the use of, prescribed e - monitoring equipment; and

  (b)   the circumstances, times, places or methods for giving AFMA e - monitoring data; and

  (c)   the circumstances, times, places or methods for giving AFMA e - monitoring equipment on which e - monitoring data is stored; and

  (d)   the circumstances, times, places or methods for giving AFMA statements relating to e - monitoring data (including statements about its circumstance, time, place or manner of generation, transmission or storage); and

  (e)   the circumstances, times, places or methods for giving AFMA statements relating to e - monitoring equipment (including statements about its circumstance, time, place or manner of installation, carriage, use, handling, maintenance or monitoring of use).

  (3)   A direction made under subsection   (1) must prescribe, in respect of each prescribed obligation or restriction, a day, which is a reasonable period after the direction is made, by which compliance with the obligation or restriction must occur or commence.

Consultation and notification requirements for making directions

  (4)   Before making a direction under subsection   (1) in relation to fishing concessions or scientific permits that relate to a particular fishery, AFMA must consult with:

  (a)   the management advisory committee for the fishery; or

  (b)   if there is no management advisory committee for the fishery--the holders of fishing concessions or scientific permits for the fishery.

  (5)   At least 7 days before a direction made under subsection   (1) takes effect, AFMA must ensure that a copy of the direction is sent to each holder of a fishing concession or scientific permit to which the direction relates.

  (6)   However, in an emergency:

  (a)   a direction may be made under subsection   (1) without any consultation; and

  (b)   subsection   (5) does not apply in respect of the direction; and

  (c)   AFMA must ensure that a copy of the direction is sent to each holder of a fishing concession or scientific permit to which the direction relates as soon as possible.

Variation and revocation

  (7)   AFMA may, at any time, by a further direction in writing, vary or revoke a direction made under subsection   (1).

Note:   Requirements like those in subsections   (4) and (5) do not apply in relation to directions made under this subsection.

  (8)   If AFMA varies or revokes a direction made under subsection   (1) it must ensure that a copy of the direction made under subsection   (7) is sent to each holder of a fishing concession or scientific permit to which the direction as varied or revoked, relates or related, as soon as possible.

Directions are legislative instruments

  (9)   A direction made under subsection   (1), or a variation or revocation of such a direction, is a legislative instrument.