Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT REGULATIONS (AMENDMENT) 1992 NO. 455

Statutory Rules 1992 No. 455

Issued by authority of the Minister for Primary Industries and Energy

FISHERIES MANAGEMENT ACT 1991

FISHERIES MANAGEMENT REGULATIONS (AMENDMENT)

Section 168 of the Fisheries Management Act 1991 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Regulations made under the Act came into effect on 3 February 1992 on the coming into effect of the Act.

The purposes of the amendments include clarifying the obligations of concession holders in furnishing returns, changing procedures for the carriage of observers on fishing vessels, providing for the payment of levies by instalments, and providing for circumstances in which levy is not payable.

The Regulations are also amended to enable the Managing Director of the Australian Fisheries Management Authority (AFMA), rather than the Chairperson of AFMA, to make day to day operational decisions. This is achieved by deleting references to the "Chairperson", substituting "AFMA" and the application of subsection 44(3) of the Fisheries Administration Act 1991 which provides that the Managing Director may act on behalf of AFMA.

Other amendments take account of a recommendations by the Senate Committee on Regulations and Ordinances that persons who elect to be dealt with by infringement notices under Part 10 of the Regulations be fully advised of their rights, correct errors to Schedule references and require position reports be made to AFMA.

Details of the proposed Regulations, which commenced on gazettal, are attached.

ATTACHMENT

Details of Amendments to the Fisheries Management Regulations

Regulation 1 provides for the amendment of the Regulations.

Regulation 2 amends Regulation 3 by deleting definitions of "Chairperson" and "Managing Director" and inserting a definition of "logbook".

Regulations 3, 4, and 5 amend Regulations 6, 7 and 8 which relate to methods of granting statutory fishing rights by omitting references to "Managing Director" and substituting references to "AFMA".

Regulation 6 amends Regulation 11 by omitting a reference to the "Managing Director" and substituting a reference to "AFMA".

Regulation 7 amends Regulation 14 by deleting a reference to "Federal SeaSafety Centre" (an organisation which no longer exists) and substituting a reference to "AFMA".

Regulation 8 amends Regulation 18, which relates to the carriage of observers on fishing boats, by requiring such observers to carry Identity Cards and for AFMA to issue such cards. It also reduces the notice period required to be given for observers to be carried from 14 days to 36 hours because observers are often required to be placed on vessels at short notice. The proposed regulation omits references to "Chairperson" and "Managing Director" and substitutes references to "AFMA".

Regulation 9 amends Regulation 19 by omitting a reference to "the Chairperson" and substituting a reference to "AFMA".

Regulation 10 inserts new Regulation 19A. This Regulation provides that where levy is payable in respect of a condition on a fishing permit or a variation of a condition, g that levy is payable on either the day that condition comes into effect.

Regulation 11 amends Regulation 21 by correcting references to columns in Schedule 2 of the Regulations.

Regulation 12 amends Regulation 31 which relates to logbooks by omitting a reference to "the Chairperson" and substituting a reference to "AFMA". It also widens the circumstances in which AFMA may require logbooks to be kept.

Regulation 13 amends Regulation 32 by deleting references to "the Chairperson" and substituting references to "AFMA".

Regulation 14 omits Regulation 33 and substitutes a new Regulation 33. The new Regulation provides that:

•       the holder of a statutory fishing right or fishing permit or person acting on his behalf must complete a logbook on each day that he engages in fishing;

•       the holder or person acting on his behalf must complete logbooks relating to disposal of fish; and

•       such logbooks must be completed within specified times.

Regulation 15 amends Regulation 34 by widening its application to include an obligation on the holder of the foreign fishing licence to ensure the completion of logbooks by placing the responsibility for the completion of logbooks on the holder of a statutory fishing right or a fishing permit. It also amends the time by which logbooks must be completed and removes penalties from the Regulation. penalties in relation to logbooks are provided in substantive provisions of the Act.

Regulation 16 amends Regulation 40 by including in an infringement notice the effects of payment in respect of that infringement notice.