Commonwealth Numbered Acts

FISHERIES AMENDMENT ACT 1980 No. 86 of 1980 - SECT 12

12. After Part IV of the Principal Act the following Part is inserted:



"PART IVA-CO-OPERATION WITH STATES AND NORTHERN
TERRITORY IN MANAGEMENT OF FISHERIES

                            "Division 1-Preliminary
Interpretation

"12A. (1) In this Part, unless the contrary intention appears-

'appropriate Minister', in relation to a State, means the Minister of the
State for the time being administering the laws of the State relating to
marine fishing;

'Commonwealth Minister' means the Minister for the time being administering
this Act;

'fishery' means a class of activities by way of fishing, being a class of such
activities that is identified in an arrangement under this Part as a fishery
to which the arrangement applies;

'Joint Authority' means an authority established by or under section 12D;

'Joint Authority fishery' means a fishery in respect of which there is in
force an arrangement under this Part under which the fishery is to be under
the management of a Joint Authority.



"(2) References in this Part to the waters adjacent to a State or States shall
be read as references to the coastal waters of the State or States and waters
within the Australian fishing zone that are adjacent to the coastal waters of
the State or States.



"(3) Without limiting the matters by reference to which a fishery may be
identified in an arrangement under this Part, those matters include all or any
of the following:

   (a)  a species of fish;

   (b)  a description of fish by reference to sex or any other characteristic;

   (c)  an area of waters or of seabed;

   (d)  a method of fishing;

   (e)  a kind or class of vessels;

   (f)  a class of persons;

   (g)  a purpose of activities. Application of Part in relation to Northern
        Territory



"12B. (1) This Part has effect as if the Northern Territory were a State and
references in this Part to the States shall be construed accordingly.



"(2) A reference in this Part to the Governor of a State shall be read, in
relation to the Northern Territory, as a reference to the Administrator of the
Territory. Acting Ministers



"12C. (1) The functions and powers of the Commonwealth Minister under this
Part, including his functions and powers as a member of a Joint Authority, may
be performed and exercised by another Minister of the Commonwealth acting for
and on behalf of the Commonwealth Minister, and references in this Part to the
Commonwealth Minister shall be read as including references to a Minister so
acting.



"(2) The functions and powers of the appropriate Minister of a State under
this Part as a member of a Joint Authority, may be performed and exercised by
a Minister of the State acting for and on behalf of the appropriate Minister,
and references in this Part to the appropriate Minister of a State shall be
read as including references to a Minister so acting.



"Division 2-Establishment and procedure of Joint Authorities Establishment of
Joint Authorities



"12D. (1) For the purposes of this Act, there are established 4 authorities,
to be known as the South-Eastern Fisheries Joint Authority, the Northern
Australian Fisheries Joint Authority, the Northern Territory Fisheries Joint
Authority and the Western Australian Fisheries Joint Authority.



"(2) The South Eastern Fisheries Joint Authority consists of the Commonwealth
Minister together with the appropriate Ministers of New South Wales, Victoria,
South Australia and Tasmania.



"(3) The Northern Australian Fisheries Joint Authority consists of the
Commonwealth Minister together with the appropriate Ministers of Queensland
and the Northern Territory.



"(4) The Northern Territory Fisheries Joint Authority consists of the
Commonwealth Minister together with the appropriate Minister of the Northern
Territory.



"(5) The Western Australian Fisheries Joint Authority consists of the
Commonwealth Minister together with the appropriate Minister of Western
Australia.



"(6) The Commonwealth may at any time make an arrangement with a State or
States for the establishment of a Joint Authority, consisting of the
Commonwealth Minister together with the appropriate Minister or Ministers of
that State or those States.



"(7) Each arrangement under sub-section (6) for the establishment of a Joint
Authority shall be made by instrument in writing approved by the
Governor-General and the Governor or Governors of the State or States
represented on the Joint Authority, and the Joint Authority may be abolished
by a further such instrument, but an instrument abolishing a Joint Authority
shall not take effect while there is in operation an arrangement under
Division 3 which provides that the Joint Authority is to have the management
of a particular fishery.



"(8) The Commonwealth Minister shall cause a copy of every instrument approved
in accordance with sub-section (7) to be published in the Gazette, and,
subject to that sub-section, such an instrument takes effect on the date of
publication.



"(9) A Joint Authority has such functions in relation to fisheries in respect
of which arrangements are made under Division 3 as are conferred on it by this
Part or a law of a State that is represented on the Joint Authority.



"(10) A member of a Joint Authority may, by writing under his hand, appoint a
person or persons to be his deputy or deputies.



"(11) A deputy of a member of a Joint Authority is entitled, in the absence
from a meeting of the Joint Authority of the member and of the other deputy or
deputies (if any) of the member, to attend that meeting and, when so
attending, shall be deemed to be a member.



"(12) For the purposes of this Part, a State shall be taken to be represented
on a Joint Authority if the appropriate Minister of the State is a member of
the Joint Authority.



"(13) All courts and persons acting judicially shall take judicial notice of
the signature of a person who is or has been a member of a Joint Authority or
a deputy of a member of a Joint Authority and of the fact that he is, or was
at a particular time, such a member or deputy. Delegation



"12E. (1) A Joint Authority may, by instrument, either generally or as
otherwise provided by the instrument, delegate to a person any of its powers
under this Act, other than this power of delegation and its powers under
section 9A.



"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Joint Authority.



"(3) A delegation under this section may be expressed as a delegation to the
person from time to time holding, or performing the duties of, a specified
office in the Department or a specified office in the service of a State or an
authority of a State or under the law of a State.



"(4) A delegate of a Joint Authority is, in the exercise of his delegated
powers, subject to the directions of the Joint Authority.



"(5) A delegation of a power under this section-

   (a)  may be revoked, by instrument, by the Joint Authority (whether or not
        constituted by the persons constituting the Joint Authority at the
        time the power was delegated);

   (b)  does not prevent the exercise of the power by the Joint Authority; and

   (c)  continues in force notwithstanding any change in the membership of the
        Joint Authority.



"(6) Section 34A of the Acts Interpretation Act 1901 applies in relation to a
delegation under this section as if the Joint Authority were a person.



"(7) A certificate signed by a member of a Joint Authority stating any matter
with respect to a delegation of a power under this section by the Joint
Authority is prima facie evidence of that matter.



"(8) A document purporting to be a certificate mentioned in sub- section (7)
shall, unless the contrary is established, be deemed to be such a certificate
and to have been duly given.



"(9) Nothing in this Part is intended to prevent the delegation by a Joint
Authority, in accordance with the law of a State, of powers conferred on the
Joint Authority by the law of that State. Procedure of Joint Authorities



"12F. (1) At a meeting of a Joint Authority-

   (a)  the Commonwealth Minister shall preside, if he is present;

   (b)  if deputies of members only are present, the deputy of the
        Commonwealth Minister shall preside; and

   (c)  if neither paragraph (a) nor paragraph (b) is applicable, the members
        present shall select one of their number, being a Minister, to
        preside.



"(2) Meetings of a Joint Authority shall be convened by the Commonwealth
Minister, and he shall convene such a meeting at the request of any other
member.



"(3) The quorum for a meeting of a Joint Authority is-

   (a)  if there are 2 members-2 members; or

   (b)  if there are more than 2 members-the Commonwealth Minister or his
        deputy and other members not less in number than 2 and not less in
        number than half the number of States represented on the Joint
        Authority.



"(4) If, at a meeting of a Joint Authority, the members present are not agreed
as to the decision to be made on a matter, the Commonwealth Minister may,
subject to sub-section (5), decide that matter and his decision shall have
effect as the decision of the Joint Authority.



"(5) Before deciding a matter in accordance with sub-section (4), the
Commonwealth Minister shall submit the matter for consideration by the members
of the body of Commonwealth and State Ministers known as the Australian
Fisheries Council and shall, for that purpose, if so requested by a member of
that Coucil, convene a meeting of that Coucil, but a decision of the
Commonwealth Minister shall not be called in question in any legal proceedings
on a ground arising out of this sub- section.



"(6) A member of a Joint Authority may, by written or other communication,
submit a matter within the functions of the Joint Authority for consideration
by the other member, or each of the other members, of the Joint Authority and,
if all the members of the Joint Authority are agreed as to the decision to be
made on the matter, the Joint Authority shall be taken to have made a decision
accordingly and the Commonwealth Minister shall, upon being satisfied that the
members are so agreed, record the decision as a decision of the Joint
Authority.



"(7) A Joint Authority may establish advisory committees, consisting of such
persons as it thinks fit, to provide information and advice to the Joint
Authority on scientific, economic and technical matters related to any
fishery.



"(8) Subject to this section, a Joint Authority may adopt its own rules of
procedure.



"(9) The Commonwealth Minister shall, in respect of each Joint Authority,
appoint a person to be the Secretary of the Authority and make arrangements
for the provision of appropriate services in respect of the Authority.



"(10) The Commonwealth Minister shall cause written records to be kept of the
decisions of a Joint Authority and such a record, if signed by the
Commonwealth Minister, or deputy of the Commonwealth Minister, who took part
in or made the decision, is prima facie evidence that the decision, as
recorded, was duly made.



"(11) In proceedings in any court, an instrument or other document signed, on
behalf of a Joint Authority, by a member of that Joint Authority, shall be
deemed to be duly executed by the Joint Authority and, unless the contrary is
proved, shall be deemed to be in accordance with a decision of the Joint
Authority. Annual Reports

"12G. (1) A Joint Authority shall, as soon as practicable after 31 December in
each year, prepare a report on the activities of the Joint Authority in that
year and on the condition during that year of the fisheries to which the
functions of the Joint Authority apply.



"(2) The Commonwealth Minister shall cause a copy of every report under this
section to be laid before each House of the Parliament as soon as practicable
after the preparation of the report.



"Division 3-Arrangements with respect to management of
particular fisheries Arrangements with States

"12H. (1) The Commonwealth may make an arrangement with the State or States
that is or are represented on a Joint Authority that the Joint Authority is to
have the management of a particular fishery in waters adjacent to that State
or to those States or any of those States.



"(2) An arrangement under sub-section (1) with only one State shall provide
either that-

   (a)  the fishery is to be managed in accordance with the law of the
        Commonwealth; or

   (b)  the fishery is to be managed in accordance with the law of that State.



"(3) An arrangement under sub-section (1) with 2 or more States shall provide
that the fishery is to be managed in accordance with the law of the
Commonwealth.



"(4) The Commonwealth may make an arrangement with a State with respect to a
particular fishery in waters adjacent to the State, not being a fishery to
which an arrangement under sub-section (1) applies-

   (a)  that the fishery (being a fishery wholly or partly in the coastal
        waters of the State) is to be managed in accordance with the law of
        the Commonwealth; or

   (b)  that the fishery (being a fishery wholly or partly in waters on the
        seaward side of the coastal waters of the State) is to be managed in
        accordance with the law of the State.



"(5) An arrangement under this Division may define the fishery in respect of
which it is to apply by reference to an organism that is a sedentary organism
for the purposes of the Continental Shelf (Living Natural Resources) Act 1968
as if that organism were included in the definition of 'fish' in section 4
and, where such an arrangement is in force-

   (a)  that organism, to the extent that it is the subject of the fishery
        defined in the arrangement, shall be deemed to be included in the
        definition of 'fish' in section 4; and

   (b)  the Continental Shelf (Living Natural Resources) Act 1968 does not
        apply to or in relation to that organism, to the extent that that
        organism is the subject of that fishery. Procedure for making and
        termination of arrangements

"12J. (1) An arrangement under this Division shall be made by instrument in
writing approved by the Governor-General and the Governor or Governors of the
State or States concerned.



"(2) An arrangement under this Division may be terminated by instrument in
writing approved by the Governor-General and the Governor or Governors of the
State or States concerned.



"(3) The Commonwealth Minister shall cause a copy of every instrument approved
in accordance with sub-section (1) or (2) to be published in the Gazette, and
such an instrument takes effect on the date of publication or on a later date
specified in the instrument.



"(4) A party to an arrangement under this section may-

   (a)  in the case of the Commonwealth-with the approval of the
        Governor-General; or

   (b)  in the case of a State-with the approval of the Governor of the State,
        give notice in writing to the other party or parties that the party
        giving the notice desires the arrangement to terminate upon a date
        specified in the notice or notices, not being earlier than 6 months
        after the day on which the notice, or the last of the notices, is
        given.



"(5) Where a party has duly given a notice or notices in accordance with
sub-section (4), the Commonwealth Minister shall, not less than 3 months
before the date specified in the notice or notices, cause to be published in
the Gazette a notice stating that, by reason of notice of termination given by
that party, the arrangement concerned will cease to have effect on the date
specified in the notice or notices given under sub-section (4), and, where the
Commonwealth Minister has caused a notice to be so published, the arrangement
ceases to have effect on the specified date.



"(6) An arrangement under this Division may provide that, for the purposes of
the application of sub-section (4) in respect of the arrangement, a longer or
shorter period is to be substituted for the period of 6 months referred to in
that sub-section and may further provide that, for the purposes of the
application of sub-section (5) in respect of the arrangement, a longer or
shorter period is to be substituted for the period of 3 months referred to in
that sub-section.



"(7) After an arrangement under this Division has been made but before the
arrangement takes effect, licences, endorsements or other instruments may be
granted or executed, and notices may be published, for the purposes of the
operation of this Act as affected by the arrangement, as if the arrangement
had taken effect, but such an instrument or notice does not have effect before
the arrangement takes effect.



"(8) Upon the termination of an arrangement under this Division, licences,
endorsements, notices and other instruments granted, executed or published for
the purposes of the operation of this Act as affected by the arrangement cease
to have effect.



"(9) After action for the purpose of the termination of an arrangement under
this Division has been taken, but before the termination takes effect,
licences, endorsements or other instruments may be granted or executed, and
notices may be published, for the purposes of the operation of this Act as
affected by the termination of the arrangement, as if the arrangement had been
terminated, but such an instrument or notice does not have effect before the
termination of the arrangement takes effect. Extension of operation of this
Act in accordance with arrangement

"12K. Where there is in force an arrangement under this Division that provides
that a particular fishery, being a fishery that is so defined that it is or
may be carried on partly within the coastal waters of a State, is to be
managed in accordance with the law of the Commonwealth, the coastal waters of
that State shall, for the purposes of the application of this Act to and in
relation to that fishery, be deemed to be proclaimed waters. Exclusion of this
Act in accordance with arrangement

"12L. Where there is in force an arrangement under this Division that provides
that a particular fishery is to be managed in accordance with the law of a
State, the provisions of this Act other than this Division do not apply to or
in relation to that fishery except in relation to foreign boats in proclaimed
waters and operations on and from foreign boats, and persons on foreign boats,
in proclaimed waters, and in relation to matters that occurred in or in
relation to proclaimed waters before the arrangement took effect. Functions of
Joint Authorities under this Act

"12M. Where, in respect of a fishery, there is in force an arrangement under
this Division under which a Joint Authority has the management of a fishery
and the fishery is to be managed in accordance with the law of the
Commonwealth, the Joint Authority has the functions of keeping constantly
under consideration the condition of the fishery, formulating policies and
plans for the good management of the fishery and, for the purposes of the
management of the fishery, exercising the powers conferred on it by this
Division and co-operating and consulting with other authorities (including
other Joint Authorities) in matters of common concern. Powers of Joint
Authority to regulate fishing

"12N. (1) In respect of a Joint Authority fishery, the powers otherwise
exerciseable by the Minister under section 8 to publish, amend or revoke
notices are exercisable under that section by the Joint Authority, and the
powers so exercisable by the Joint Authority, so far as they relate to
equipment, shall be taken to extend to any equipment of a kind capable of use
for the taking of fish in that fishery.



"(2) Where a fishery becomes a Joint Authority fishery, notices published by
the Minister under section 8 cease to apply to that fishery. Powers of Joint
Authority with respect to licences

"12P. (1) Subject to this section, a licence or endorsement granted or made
under this Act otherwise than by virtue of this section does not authorize the
doing of any act or thing in or in relation to a Joint Authority fishery.



"(2) In relation to a Joint Authority fishery that is to be managed in
accordance with the law of the Commonwealth, the powers otherwise exercisable
under a provision in Part III by the Minister or the Secretary in relation to
the grant, endorsement, transfer, suspension, cancellation or form of licences
are exercisable under that provision by the relevant Joint Authority as if
references to the Minister in the relevant provisions of that Part were
references to the Joint Authority.



"(3) A licence granted under this Act by a Joint Authority shall contain such
conditions or limitations that it applies only in relation to a Joint
Authority fishery or Joint Authority fisheries managed by that Joint
Authority.



"(4) A Joint Authority may endorse a licence granted under this Act (including
a licence granted by that Joint Authority or another Joint Authority) so as to
extend the operation of the licence to matters to which the licensing powers
of the Joint Authority under this Act are applicable and, where such an
endorsement is made-

   (a)  the endorsement ceases to have effect if the licence ceases to have
        effect; and

   (b)  the Joint Authority may suspend or cancel the endorsement as if it
        were a licence granted by the Joint Authority.



"(5) Such fee (if any) as is prescribed is payable in respect of the
endorsement of a licence under sub-section (4).



"(6) This section does not-

   (a)  empower a Joint Authority to grant, or to take other action in respect
        of, a licence in respect of a foreign boat or to endorse such a
        licence; or

   (b)  affect the operation of a licence or endorsement granted or made by
        the Minister or the Secretary in respect of a foreign boat or the
        power of the Minister or the Secretary to grant, or to take other
        action in respect of, such a licence or endorsement. Application of
        provisions relating to offences

"12Q. For the purposes of the prosecution of a person for an offence against
section 13 in respect of anything done in relation to fish to which a Joint
Authority fishery relates or otherwise in relation to a Joint Authority
fishery-

   (a)  any reference in that section to a licence shall be read as a
        reference to a licence, or an endorsement of a licence, granted or
        made by the relevant Joint Authority; and

   (b)  any reference to fish shall be read as a reference to fish to which
        the Joint Authority fishery relates. Evidentiary provision

"12R. A statement in an arrangement made under this Division that specified
waters-

   (a)  in the case of an arrangement between the Commonwealth and one
        State-are waters adjacent to that State; or

   (b)  in the case of any other arrangement-are waters adjacent to the States
        that are parties to the arrangement or are waters adjacent to a
        specified State or States, shall, for all purposes of this Act, be
        conclusively presumed to be correct.".