Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 14.

PART III-REGULATION OF FISHING Minister may require information to be
furnished

14. (1) The Minister may, by notice published in the Gazette, require the
master of any boat that is being used to take fish included in a class of fish
specified in the notice in the course of commercial fishing (other than
community fishing), in any area of Australian jurisdiction or in an area of
Australian jurisdiction specified in the notice, to furnish to the Minister,
at such times as are and in such manner as is specified in the notice,
information relating to the taking, in the course of that fishing, of fish of
that kind with the use of the boat.

(2) The Minister may, by notice published in the Gazette, require the master
of-

   (a)  any Australian boat; or

   (b)  any foreign boat in respect of which a licence is in force under
        section 19, that is being used to take fish included in a class of
        fish specified in the notice in the course of commercial fishing
        (other than community fishing), in any
        area of Papua New Guinea jurisdiction or in an
        area of Papua New Guinea jurisdiction specified in the notice, to
        furnish to the Minister, at such times as are and in such manner as is
        specified in the notice, information relating to the taking, in the
        course of that fishing, of fish of that kind with the use of the boat.

(3) The Minister may, by notice published in the Gazette, require a person who
delivers to a relevant person fish included in a class of fish specified in
the notice that have been taken by the first-mentioned person-

   (a)  in the course of community fishing;

   (b)  during any period during which the notice is in force; and

   (c)  from-

        (i)    if an area of Australian jurisdiction is specified in the
               notice-that area of Australian jurisdiction; and

        (ii)   in any other case-any area of Australian jurisdiction, to
               furnish to the relevant person, in such manner as is specified
               in the notice, information relating to the taking of the fish
               so delivered.

(4) The Minister may, by notice published in the Gazette, require a person who
delivers to a relevant person fish included in a class of fish specified in
the notice that have been taken by the first-mentioned person-

   (a)  in the course of community fishing;

   (b)  during any period during which the notice is in force; and

   (c)  from-

        (i)    if an area of Papua New Guinea jurisdiction is specified in the
               notice-that area of Papua New Guinea jurisdiction; and

        (ii)   in any other case-any area of Papua New Guinea jurisdiction, to
               furnish to the relevant person, in such manner as is specified
               in the notice, information relating to the taking of the fish
               so delivered.
(5) In sub-sections (3) and (4), ''relevant person'' means-

   (a)  the master of, or a person on board, a boat in respect of which a
        licence is in force under sub-section 19 (3); or

   (b)  the operator of a fish processing facility that is in Australia.

(6) Where there is in force a notice under sub-section (1) in relation to any
fish, the Minister may, by notice published in the Gazette, prohibit the
taking, in the course of commercial fishing (other than community fishing),
from the area in relation to which the first-mentioned notice has effect, of
fish of that kind with the use of a boat of any one or more of the following
kinds, namely, an Australian boat, a Papua New Guinea boat or a foreign boat.

(7) Where there is in force a notice under sub-section (2) in relation to any
fish, the Minister may, by notice published in the Gazette, prohibit the
taking, in the course of commercial fishing (other than community fishing),
from the area in relation to which the first-mentioned notice has effect, of
fish of that kind with the use of an Australian boat or with the use of a
foreign boat in respect of which a licence is in force under section 19.

(8) Where there is in force a notice under sub-section (3) or (4) in relation
to any fish, the Minister may, by notice published in the Gazette , prohibit
the taking, in the course of community fishing, from the area in relation to
which the first-mentioned notice has effect, of fish of that kind.

(9) A notice under sub-section (1), (2), (3) or (4) comes into force on the
day specified for the purpose in the notice, being a day not earlier than one
month after the publication of the notice in the Gazette.

(10) A notice under sub-section (6), (7) or (8) comes into force on the day
specified for the purpose in the notice, being a day not earlier than 7 days
after the publication of the notice in the Gazette, and continues to be in
force until the notice is revoked or until the next anniversary of the day on
which the notice under sub-section (1), (2), (3) or (4) to which the
first-mentioned notice relates came into force, whichever first occurs.

(11) The Minister shall cause the contents of a notice under this section to
be published (otherwise than by publication of the notice in the Gazette) or
broadcast in such manner as is prescribed.

(12) A person who refuses or fails to provide information required by a notice
under sub-section (1), (2), (3) or (4) to be provided by that person in the
manner that the information is required by the notice to be provided is guilty
of an offence punishable, on conviction, by a fine not exceeding $1,000.

(13) A person who, in purported compliance with a notice under sub-section
(1), (2), (3) or (4), provides information that is, to his knowledge, false or
misleading in a material particular, is guilty of an offence punishable, on
conviction, by a fine not exceeding $5,000 or imprisonment for 2 years, or
both.

(14) A person who takes fish in contravention of a notice in force under
sub-section (6), (7) or (8) is guilty of an offence punishable, on conviction,
by a fine not exceeding $5,000.

(15) Where a person furnishes information to another person pursuant to a
notice under sub-section (3) or (4), that other person shall furnish that
information to the Minister before the expiration of 5 days after the
information is furnished to him.

Penalty: $1,000.

(16) For the purposes of section 5 of the Evidence Act 1905, a notice under
this section shall be deemed to be an order within the meaning of that Act.