Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES REGULATIONS (AMENDMENT) 1991 NO. 438

STATUTORY RULES 1991 No. 438

Issued by the authority of the Minister of State for Primary Industries and Energy.

FISHERIES ACT 1952

FISHERIES REGULATIONS (AMENDMENT)

Subsection 17(1)(a) of the Fisheries Act 1952 (the Act) empowers the Governor-General to make regulations, not inconsistent with the Act, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act and in particular for providing for the furnishing of returns containing information in relation to the taking of fish in Australian waters and the sale and disposal of such fish.

Regulations 15A and 15B of the Fisheries Regulations require the furnishing of returns relating to gemfish and orange roughy. The regulation omits these regulations and inserts a new Regulation 15A relating to south east fishery species ('fish'). This regulation requires the first receiver of the fish to furnish a return to the Department.

Details of the Regulations are set out below.

Regulation 1 provides for amendment of the Fisheries Regulations.

Regulation 2 omits Regulation 15A of the Fisheries Regulations.

Regulation 3 omits Regulation 153 of the Fisheries Regulations.

Regulation 4 inserts a new Regulation 15A, details of which are below:

Subregulation (1) defines "Management Plan", "Receiver", and "SEF species" for the purposes of these regulations.

Subregulation (2) provides that Regulation 15A applies to fish taken by boats with units allocated or assigned under the "Management Plan".

Subregulation (3) provides that Regulation 15A applies to receivers in certain States on or after 1 January 1992.

Subregulation (4) provides that a receiver of fish on any day, must complete a return within 24 hours of the end of the that day and provides for a maximum penalty of $2,000 for failing to do so.

Subregulation (5) provides that the return must be in a form approved by the Minister.

Subregulation (6) provides that a receiver who completes a return for any week ending on a Sunday must give the Department a return by the following Tuesday and provides for a maximum penalty of $2,000 for failing to do so.

Subregulation (7) provides that the return must be delivered to the address specified in the return form.

Subregulation (8) specifies the details that must be contained in a return.

The regulations commenced on Gazettal.