Commonwealth Numbered Acts

TORRES STRAIT FISHERIES ACT 1984 NO. 23 OF 1984 - SECT. 16.

16. (1) Subject to this section, the Minister may, by notice published in the
Gazette-

   (a)  prohibit the taking, processing or carrying of fish, or fish included
        in a class of fish specified in the notice;

   (b)  prohibit the taking, processing or carrying of fish included in a
        class of fish specified in the notice that-

        (i)    are less than a size or weight specified in the notice;

        (ii)   have a dimension less than a dimension specified in the notice;

        (iii)  have a part with a dimension or weight less than a dimension or
               weight specified in the notice in relation to that part;

        (iv)   are greater than a size or weight specified in the notice;

        (v)    have a dimension greater than a dimension specified in the
               notice; or

        (vi)   have a part with a dimension or weight greater than a dimension
               or weight specified in the notice in relation to that part;

   (c)  prohibit the taking, processing or carrying of fish, or fish included
        in a class of fish specified in the notice, by a method, or with the
        use of equipment or a boat, of a kind specified in the notice;

   (d)  prohibit the taking, processing, carrying or storage, in the course of
        community fishing, of fish, or fish included in a class of fish
        specified in the notice, with the use of equipment, a boat or land
        facilities owned by, or under the control of, persons other than
        persons who are included in a class of persons specified in the
        notice;

   (e)  prohibit the taking, processing or carrying, in the course of
        commercial fishing, of fish, or fish included in a class of fish
        specified in the notice, with the use of an Australian boat, a
        Papua New Guinea boat or foreign boat;

   (f)  prohibit a person from using or having in his possession or under his
        control, on a boat, a quantity of equipment, in the course of
        commercial fishing, of a specified kind that is in excess of a
        quantity specified in, or ascertainable as provided by, the notice;

   (g)  prohibit a person from using, or having in his possession or under his
        control on a boat, in the course of commercial fishing, equipment of a
        kind specified in a notice in force under paragraph (f) unless that
        equipment is registered, or there is a licence in force in respect of
        that equipment, under the law of Queensland or of Papua New Guinea;

   (h)  prohibit the taking of eggs of reptiles included in a class of
        reptiles specified in the notice;

   (j)  prohibit the carrying away, from an area specified in the notice, of
        sedentary organisms included in a class of sedentary organisms
        specified in the notice unless those organisms are dead;

   (k)  prohibit the master of a boat that is included in a class of boats
        specified in the notice from having on board the boat a number of
        persons greater than a number specified in, or ascertainable as
        provided by, the notice for the purpose of engaging in specified
        activities by way of commercial fishing;

   (m)  prohibit the taking of fish, or fish included in a class of fish
        specified in the notice, otherwise than in the course of
        community fishing or traditional fishing;

   (n)  where there is a notice in force under paragraph (m) in relation to
        fish of a certain kind, prohibit the processing of fish of that kind
        in an area of Australian jurisdiction or in an area declared under
        sub-section 3 (3) to be part of the adjacent coastal area of Australia
        otherwise than in the course of community fishing or
        traditional fishing; or

   (o)  prohibit a person from having in his possession or under his control
        on a boat, equipment of a kind specified in the notice for taking,
        processing or carrying fish unless that equipment is stowed and
        secured.

(2) A notice under sub-section (1) (other than a notice under paragraph (1)
(d) or (n)) has effect-

   (a)  if an area of Australian jurisdiction is specified in the notice as
        being the area in respect of which the notice is to have effect-in
        that area; and

   (b)  in any other case-in any area of Australian jurisdiction.

(3) A notice under paragraph (1) (d) or (n) has effect-

   (a)  if an area of Australian jurisdiction is specified in the notice as
        being the area in respect of which the notice is to have effect-in
        that area; and

   (b)  if any area of land in Australia is specified in the notice as being
        an area in respect of which the notice is to have effect-in that area.

(4) A notice under sub-section (1) comes into force on the day on which the
notice is published or on such later day as is specified in the notice.

(5) A prohibition contained in a notice under sub-section (1) has effect-

   (a)  if a period is specified in the notice as being the period during
        which the prohibition is to have effect-during that period; or

   (b)  in any other case-at all times.

(6) A notice under sub-section (1) may provide for exemptions from the
prohibition contained in the notice.

(7) A notice under sub-section (1) may provide that the activities prohibited
by the notice are activities in respect of which an entry may be made under
sub-section 21 (1).

(8) Where-

   (a)  a notice under sub-section (1) provides that the activities prohibited
        by the notice are activities in respect of which an entry may be made
        under sub-section 21 (1); and

   (b)  an entry is made pursuant to sub-section 21 (1) in a licence granted
        under sub-section 19 (2) or (3) or in a Treaty endorsement in force in
        respect of a boat, the prohibition contained in that notice under
        sub-section (1) does not apply in relation to the use of the boat
        during any period during which the entry has effect.

(9) The Minister shall cause the contents of a notice under sub-section (1) to
be published (otherwise than by publication of the notice in the Gazette) or
broadcast in such manner as is prescribed.

(10) 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 section
of that Act.