Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 9

STATUTORY RULES 2003 No. 9

Issued by the authority of the Minister for Fisheries, Forestry and Conservation

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2003 (No. 1)

Sections 93 and 95 of the Management Act are offence provisions. Section 93 provides that the holder of a fish receiver permit must keep certain records, and provide certain information regarding the fish received by them. Section 95 of the Management Act sets out requirements for people to comply with the terms of various fishing concessions, permits or licences.

Section 168(2)(i) of the Management Act empowers the Governor-General to make regulations enabling a person who is alleged to have contravened sections 93 or 95 to incur a specified penalty as an alternative to prosecution. Such specified penalties must not exceed the maximum penalty by which a contravention is otherwise punishable. Regulation 46 of the Fisheries Management Regulations 1992 (the Management Regulations) sets the specified penalty at two penalty units.

Part 10 of the Management Regulations sets out the scheme of infringement notices which give regulatory effect to section 168(2)(i) of the Management Act. The definition of a 'relevant offence' for the purposes of the Management Regulations is contained in regulation 3(1). Offences against section 93 of the Management Act are already included in the definition of 'relevant offence' in regulation 3(1).

The purpose of the Regulations is to include offences against section 95 of the Management Act in the definition of 'relevant offence' in regulation 3(1), and to make other minor technical amendments. Amendment of regulation 3(1) gives full effect to section 168(2)(i) of the Management Act.

The Regulations also;

•       remove the reference to Part 11 of the Management Regulations from the definition of 'relevant offence'. Part 11 imposes bycatch restrictions as conditions on fishing permits. Any prosecution for a breach of these conditions will now be brought under section 95 of the Management Regulations;

•       remove regulation 10B from the Management Regulations. The requirements for people who hold fish receiver permits to provide returns will be included as conditions on the permits themselves; and

•       replace 'in' with 'on' in regulation 45(d). This amendment corrects a typographic error.

The regulations are made under the Management Act.

Details of the regulations, which commenced on gazettal, are set out below:

Regulation 1 provides for the regulations to be cited as the Fisheries Management Amendment Regulations 2003 (No. 1).

Regulation 2 provides that the regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the principal regulations.

Schedule 1 Item 1 substitutes a new definition of 'relevant offence' which includes offences against sections 93 and 95 of the Management Act and Part 9 of the Management Regulations.

Schedule 1 Item 2 deletes regulation 10B.

Schedule 1 Item 3 replaces 'in' with 'on' in regulation 45(d).