Commonwealth Numbered Acts

FISHERIES LEGISLATION AMENDMENT ACT 1997 No. 120 of 1997 - SCHEDULE 1

Schedule 1-Amendment of the Fisheries Administration Act 1991 1 Subsection
4(1)
Insert:
precautionary principle has the same meaning as in clause 3.5.1 of the
Intergovernmental Agreement on the Environment, a copy of which is set out in
the Schedule to the National Environment Protection Council  Act 1994 . 2
Paragraph 6(b)
Repeal the paragraph, substitute:

   (b)  ensuring that the exploitation of fisheries resources and the carrying
        on of any related activities are conducted in a manner consistent with
        the principles of ecologically sustainable development and the
        exercise of the precautionary principle, in particular the need to
        have regard to the impact of fishing activities on non-target species
        and the long term sustainability of the marine environment; and 3
        After paragraph 7(d)
Insert:

   (da) to manage and carry out programs devised in accordance with paragraphs
        (b) and (d); 4 Paragraph 7(g)
Repeal the paragraph, substitute:

   (g)  to consult and exchange information with, and make its expertise in
        fisheries management available to, State, Territory or overseas bodies
        having functions similar to the Authority's functions; 5 Subsection
        12(2)
Omit "more than 3 consecutive terms", substitute "3 or more consecutive terms
if the total of the terms is more than 9 years". 6 After subsection 58(1)
Insert:

(1A) Without limiting subsection (1), a management advisory committee:

   (a)  may establish sub-committees, consisting of such persons (whether
        members of the management advisory committee or not) as the management
        advisory committee determines, to advise it in the performance of its
        functions and the exercise of its powers; and

   (b)  may abolish any such sub-committee.

(1B) A management advisory committee may determine:

   (a)  the manner in which a sub-committee established by the management
        advisory committee is to perform its functions; and

   (b)  the procedure to be followed at or in relation to meetings of the
        sub-committee, including matters with respect to:

        (i)    the convening of meetings of the sub-committee; and

        (ii)   the number of members of the sub-committee who are to
               constitute a quorum; and

        (iii)  the selection of a member of the sub-committee to preside at
               meetings of the sub-committee; and

        (iv)   the manner in which questions arising at a meeting of the
               sub-committee are to be decided. 7 Subsection 67(4)
Repeal the subsection, substitute:

(4) A member of:

   (a)  a committee established under section 54; or

   (b)  a sub-committee established under subsection 58(1A); (other than the
        Chairperson of a management advisory committee or a member who is a
        director or employee of the Authority) is to be paid such travelling
        allowance as is determined by the Remuneration Tribunal in relation to
        the performance of his or her duties as a member of the committee or
        sub-committee. 8 At the end of subsection 67(5)
Add:
; (c) member of a sub-committee established under subsection 58(1A). 9
Subsection 80(1A) (paragraph (a) of the definition of Deductible component)
After "an amount" (first occurring), insert "(the research component)". 10
Subsection 80(1A) (paragraph (a) of the definition of Deductible component)
Omit "the amount so required to be paid", substitute "the research component".
11 At the end of section 91
Add:

(5) If, in respect of a fishery, there is in force an arrangement under
Division 3 of Part 5 of the Fisheries Management Act 1991 under which a Joint
Authority has the management of the fishery and the fishery is to be managed
in accordance with the law of the Commonwealth, references in this section to
the Minister are taken, in relation to the fishery, to be references to the
Joint Authority. 12 Transitional

(1) A sub-committee that a management advisory committee purported to
establish before the commencement of this item is taken to have at all times
been validly established.

(2) Any meetings of such a sub-committee held before the commencement of this
item are taken to have been validly held and any travelling allowances paid to
members of such a sub-committee before that commencement are taken to have
been validly paid.

(3) If a management advisory committee had not, before the commencement of
this item, purported to abolish a sub-committee that it had purported to
establish before that commencement, the sub- committee continues in existence
as if it had been duly established under subsection 58(1A) of the
Fisheries Administration Act 1991.