Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT (SOUTHERN BLUEFIN TUNA FISHERY) AMENDMENT (SEASON) REGULATION 2015 (SLI NO 18 OF 2015)

EXPLANATORY STATEMENT

Select Legislative Instrument No. 18, 2015

Issued by the Authority of the Parliamentary Secretary to the Minister for Agriculture

Fisheries Management Act 1991

Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995

Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015

Subsection 168(1) of the Fisheries Management Act 1991 (the Act) provides that the
Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.

The purpose of Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015 (the Regulation) is to repeal Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995 regarding the setting of the season date. 

The Southern Bluefin Tuna Fishery Management Plan 1995 was amended in April 2013 to allow the Australian Fisheries Management Authority (AFMA) to set the season dates by Determination.  A Determination is a more flexible instrument which will give AFMA the ability to more easily change season dates in response to changing circumstances. The Regulation removes the requirement to set the season start and end dates by Regulations.

For many years the fishing season has been set as 1 December to 30 November.  However, industry has indicated that fishing practises may change in future and it may request to change the season dates.  Similarly, it may be advantageous in the future for Australia to amend the season dates to strengthen Australia's negotiating position at the Commission for the Conservation of Southern Bluefin Tuna.

Consultation with fishery stakeholders

AFMA has consulted with the Southern Bluefin Tuna Management Advisory Committee (SBTMAC), the Department of Agriculture and the Australian Southern Bluefin Tuna Industry Association (ASBTIA) who support the amendments to the Southern Bluefin Tuna Fishery Management Plan 1995.

Regulation Impact Statement

The Office of Best Practice Regulation OBPR advised that a Regulation Impact Statement was not required for the Regulation (ID: 16789).

Statement of compatibility prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

AFMA assessed under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 that the Regulation is compatible with human rights. A Statement of Compatibility is set out in Attachment A.

Details of the Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015

Details of the Regulation are set out below:

Section 1 - Name of Regulation

Provides that the Regulation is to be cited as the Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015.

Section 2 - Commencement

Provides that the Regulation commences on the day after it is registered.

Section 3 - Authority

Provides that the Regulation is made under the Fisheries Management Act 1991.

Section 4 - Schedule(s)

Provides that the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995 are amended as set out in Schedule 1.

Schedule 1 - Amendments

Repeals Regulation 2A of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations 1995.

ATTACHMENT A

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Fisheries Management (Southern Bluefin Tuna Fishery) Amendment (Season) Regulation 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the

Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Legislative Instrument removes the requirement to set season dates by Regulation.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Senator the Hon. Richard Colbeck

Parliamentary Secretary to the Minister for Agriculture

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