FISHERIES MANAGEMENT ACT 1991 - SECT 168 Regulations
FISHERIES MANAGEMENT ACT 1991 - SECT 168
Regulations(1) The Governor - General may make regulations, not inconsistent with this Act, prescribing all matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed in carrying out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), regulations may be made:
(a) prescribing penalties not exceeding 25 penalty units for offences against the regulations; and
(b) providing for the remission or refund of levy under the Fishing Levy Act 1991 or the Foreign Fishing Licences Levy Act 1991 or of charge under the Statutory Fishing Rights Charge Act 1991 or of penalty payable under Part 7 in relation to such levy or charge; and
(c) providing for giving effect to, and enforcing the observance of, plans of management; and
(d) providing for the replacement of certificates, licences, permits and other instruments granted or executed under this Act or the regulations and prescribing fees for such replacement; and
(e) providing for the imposition and recovery of fees in respect of:
(i) draft plans of management being made available; and
(ii) the making of applications under this Act; and
(iii) the lodging and registration of documents; and
(iiia) the giving of a notice to AFMA nominating an Australian boat under paragraph 32(1A)(b) or subsection 32(1B); and
(iv) the issue of a document mentioned in subsection 53(2); and
(v) the supplying of signed copies of, or extracts from, entries in the Register or instruments evidencing dealings registered in the Register; and
(f) providing for the return to a person ascertained in accordance with the regulations or a plan of management of:
(i) certificates, licences, permits and other instruments granted or executed under this Act or the regulations; or
(ii) certificates and other documents issued to a person under a plan of management;
(g) prescribing signals and rules of navigation to be observed in the AFZ by masters of boats in respect of which a fishing rights, or any licences or permits, are in force under this Act or under the Treaty; and
(h) providing for the marking of boats engaged in commercial fishing in the AFZ and of nets, traps and other equipment used for taking fish; and
(ha) providing for the marking of Australian - flagged boats in relation to which fishing concessions or scientific permits allowing fishing outside the AFZ are in force; and
(hb) subject to section 8A, providing for the placement of persons as observers on board boats used for commercial fishing; and
(j) providing for the sale or disposal of unclaimed nets, traps or other fishing equipment found in the AFZ; and
(k) regulating the rights of priority as between masters of boats in respect of which a fishing concession is in force under this Act in the AFZ and for prescribing the rules of fishing in the AFZ; and
(l) facilitating the exercise by officers of their powers under section 84; and
(m) providing for the inspection of foreign boats the use of which is authorised by a foreign fishing licence or a Treaty licence and of nets, traps and other equipment belonging to such boats and of fish taken with the use of such boats; and
(n) providing for the reporting of the positions of boats:
(i) the use of which is authorised by a fishing concession at times when such boats are in the AFZ; or
(ii) in relation to which an approval is in force under regulations made for the purposes of paragraph 101(1)(c); and
(na) providing for the use of systems for reporting the position of Australian - flagged boats when on the high seas in an area covered by an international fisheries management organisation; and
(o) providing procedures to be followed to facilitate the recognition of foreign boats the use of which is authorised by a foreign fishing licence; and
(p) prescribing short methods of reference to areas of the AFZ specified in the regulations and the purposes for which those methods of reference may be used; and
(q) providing for the furnishing of information relating to persons on board:
(i) a boat that is in the AFZ, being a boat the use of which is authorised by a fishing concession; and
(ii) an Australian boat engaged in fishing outside the AFZ; and
(r) providing for the carrying of persons on board boats the use of which is authorised by a fishing concession; and
(s) providing for the furnishing of information relating to the use in the AFZ of foreign boats the use of which is authorised by a foreign fishing licence; and
(t) providing for the giving by AFMA of certificates as to the giving, or not giving, of approvals under regulations made for the purposes of paragraph 101(1)(c); and
(u) providing (in addition to the collection of information in the exercise or performance of its other powers and functions under this Act) for the collection by AFMA of information relating to:
(i) possible breaches of the laws of Australia or of a foreign country; or
(ii) the control and protection of Australia's borders; or
(iii) the administration and management of fisheries or marine environments; or
(iv) research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments; and
(v) providing for the disclosure by AFMA of information, including e - monitoring data and personal information, relating to:
(i) possible breaches of the laws of Australia or of a foreign country; or
(ii) the control and protection of Australia's borders; or
(iii) the administration and management of fisheries or marine environments; or
(iv) research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments.
(3) Notwithstanding section 14 of the
Legislation Act 2003 , the regulations may make provision for or in relation
to a matter by applying, adopting or incorporating, with or without
modification, any matter contained in a plan of management, being a plan of
management as in force at a particular time or as in force from time to time.