Fisheries Management Amendment (Compliance and Enforcement) Regulations 2017 [F2017L00295]-Response required [2017] AUSStaCSDLM 148 (5 October 2017)

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Instrument	Fisheries Management Amendment (Compliance and Enforcement) Regulations 2017 [F2017L00295]
Purpose	Increases penalties for offences, strengthens the Australian Fisheries Management Authority's infringement notice scheme and adopts the infringement notice scheme of the Regulatory Powers (Standard Provisions) Act 2014
Authorising legislation	Fisheries Management Act 1991
Department	Agriculture and Water Resources
Disallowance	15 sitting days after tabling (tabled Senate 28 March 2017) Notice of motion to disallow must be given by 9 August 2017
Scrutiny principle	Standing Order 23(3)(a)

Sub-delegation

Section 44 of the Fisheries Management Amendment (Compliance and Enforcement) Regulations 2017 [F2017L00295] (the regulations) allows the Chief Executive Officer (CEO) of the Australian Fisheries Management Authority (AFMA) to delegate to 'an officer' the power to extend the period in which an infringement notice must be paid and the power to withdraw an infringement notice.

Section 4 of the Fisheries Management Act 1991 (FMA Act) broadly defines an 'officer' as:

(a) a person appointed under section 83 to be an officer for the purposes of this Act;^[1] or
(b) a member or special member of the Australian Federal Police or a member of the police force of a State or Territory; or
(c) a member of the Defence Force; or
(d) an officer of Customs (as defined in the Customs Act 1901).^[2]

The committee's expectations in relation to sub-delegation accord with the approach of the Senate Standing Committee for the Scrutiny of Bills, which has consistently drawn attention to legislation that allows delegations to a relatively large class of persons, with little or no specificity as to their qualifications or attributes. Generally, a limit should be set on either the sorts of powers that might be delegated or on

the categories of people to whom powers might be delegated; and delegates should be confined to the holders of nominated offices or to members of the senior executive service.

In this respect, the committee notes that the ES to the regulations does not provide any justification for the need to sub-delegate the abovementioned powers of the CEO of AFMA to 'an officer'.

The committee requests the advice of the minister in relation to this matter.

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[1] See Fisheries Management Act 1991, section 83. This section provides a very broad definition of who can be appointed as 'an officer' for the purposes of the FMA Act.

[2] See Customs Act 1901, section 4. This section provides a very broad definition of the term an 'officer of Customs'.