Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS (REPEAL) 2002 2002 NO. 179

STATUTORY RULES 2002 No. 179

Issued by the authority of the Minister for Forestry and Conservation

Fisheries Management Act 1991

Fisheries Management Amendment Regulations (Repeal) 2002

The Fisheries Management Act 1991 (the Act) gives effect to the Treaty on Fisheries between the Governments of Certain Pacific Island States and the Government of the United States of America that was signed at Port Moresby on 2 April 1987 (the Treaty), a copy of which is set out in the Schedule to the Act. Australia is a party to the Treaty.

Subsection 4 (7) of the Act provides for amendments to the Treaty to be given effect to by regulations and in subsection 4(7)(b) specifies the ways in which the regulations may be expressed to enter into force.

Amendments to the Treaty were agreed to by all States Parties to the Treaty at the 11th Treaty consultative meeting in March 1999 and were accepted by Australia on 15 October 2001. The text of the amendments was tabled in both Houses of the Parliament on 6 March 2001. The amendments are to come into force, under Article 8 of the Treaty (for amendments to the main text of the Treaty), on ratification and under Article 9 of the Treaty (for amendments to Treaty annexes) on acceptance by all of the States Parties.

It was hoped that all the instruments of ratification of the amendment to the main body of the Treaty and notices of acceptance of amendments to the Treaty annexes from all States Parties would be deposited with the depositary during 2001.

Because it was thought that the coming into force of the amendments was imminent, the Fisheries Management Amendment Regulations 2001 (No. 3) (the amending regulations) were made to give effect to the Treaty amendments. The amending regulations were to commence on notification in the Gazette, and were to be so notified immediately on the coming into force of the amendments of the Treaty.

However, contrary to expectations, the necessary instruments of ratification have not been deposited with the depositary, and the amending regulations have therefore not been notified in the Gazette.

It is not possible to predict the time of entry into force of the amendments because it is dependent on the acceptance processes of other States party to the Treaty. These Regulations therefore repeal the amending regulations to avoid the need to extend the time for entry into force of the regulations, perhaps several times. New regulations enshrining the amendments in Australian law will be made once notification has been received from the depositary for the Treaty that the amendments are in force.

The Regulations commenced on gazettal.