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Fisheries Management Act 1991
In force
Administered by
Department of Agriculture, Fisheries and Forestry
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C2021C00546 (C62)
26 September 2021
-
05 July 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Objectives
3A Principles of ecologically sustainable development
4 Interpretation
5 Coastal waters
6 Act binds the Crown
6A Application of the Criminal Code
7 Application
8 Application of Act to areas outside the AFZ
8A Regulations may provide for placement of observers on foreign fishing boats operating outside the AFZ
9 Application of Act to Protected Zone
9A Act not to apply so as to exceed Commonwealth power
10 Operation of certain State and Territory laws
11 Excepted waters
12 Sedentary organisms—Australian continental shelf
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Part 2—Fishing and the marine environment
13 Driftnet fishing
14 Regulation etc. of certain practices
15 Prohibition against certain fishing
15A Prohibition against taking marlin
15B Report on analysis of marlin stocks
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Part 3—Regulation of fishing
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Division 1—Preliminary
16 AFMA to pursue objectives
16A AFMA to meet international fisheries management organisation and Fish Stocks Agreement obligations
16B Australian flagged boats that have previously undermined conservation and management measures
Division 2—Plans of management
17 Plans of management
17A Register of persons concerned about plans of management
18 Action after determining a plan of management
19 Tabling, disallowance etc. of determinations
20 Amendment or revocation of plan of management
Division 3—Statutory fishing rights
21 Nature of a statutory fishing right
22 AFMA to establish system of statutory fishing rights
23 Certain decisions to be provisional
Division 4—Ways of granting statutory fishing rights
24 Notice of intention to grant fishing rights
25 Contents of notice
26 Registration of applicants
27 Tenders for fishing rights
28 Prescribed procedures for grant of fishing rights
29 Grant made available to highest bidder etc.
30 Amount of charge to be tendered
31 AFMA to grant fishing right
Division 4A—Statutory fishing rights options
31A Options arising when plan of management for fishery is revoked
31B Rights of option holder where the new plan of management is the same or substantially the same as the former plan of management
31C Rights of option holder where new plan of management has some features in common with the former plan of management
31D Exercise and lapsing of option
31E The Register of Statutory Fishing Rights Options
31F Registration of dealings in statutory fishing rights options
31FA Interests in statutory fishing rights options—priority between section 31F interests and PPSA security interests
31G Claims of interests in statutory fishing rights options
31H Trusts not registrable
31J Power of holder of statutory fishing rights option to deal with option
31K Obligations of AFMA in respect of granting statutory fishing rights under the new plan
31L Administrative provisions
Division 5—Fishing permits
32 Grant of fishing permits
32A Transfer of fishing permits
Division 6—Scientific permits
33 Grant of scientific permits
Division 7—Foreign fishing licences and Treaty licences
34 Grant of foreign fishing licences
35 Agreements to grant foreign fishing licences
36 Fisheries agreements
37 Treaty licences
Division 8—Suspension and cancellation of fishing concessions
38 Suspension of fishing concessions
39 Cancellation of fishing concessions
Division 9—Foreign master fishing licences
40 Grant of foreign master fishing licences
Division 9A—E monitoring of fishing related activity
40A Directions to classes of concession and permit holders
40B Directions to specific concession and permit holders
40C Conditions of fishing concessions and scientific permits
Division 10—Miscellaneous
41 Authority to extend to tender boats
41A AFMA may give directions in relation to closure or partial closure of fishery
42 Determinations relating to logbooks and the furnishing of returns
42A Fishing concession condition to facilitate boarding
42B Regulation making power for conditions
43 Temporary orders
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Part 4—Register of Statutory Fishing Rights
44 The Register
45 Information to be included in Register
46 Registration of dealings in fishing rights
46A Interests in fishing rights—priority between section 46 interests and PPSA security interests
47 Trusts not registrable
48 Power of holder of fishing right to deal with fishing right
50 Suspension, cancellation etc. of fishing right to be noted in Register
51 AFMA not concerned with certain matters
52 Inspection of Register and documents
53 Evidentiary provisions
54 Orders for rectification of Register
55 Correction of clerical errors etc. in Register
56 AFMA etc. not liable in certain circumstances
57 Offences
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Part 4A—Register of vessels authorised to fish on high seas
57A The High Seas Register
57B Information to be included in the High Seas Register
57C Notification obligations
57D Inspection of the High Seas Register
57E Application of sections 53 to 56
57F Offence
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Part 4B—Fishing Permits Register
57G The Fishing Permits Register
57H Information to be included in the Fishing Permits Register
57J Inspection of the Fishing Permits Register
57K Application of sections 53 to 56
57L Offence
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Part 5—Co operation with States and Northern Territory in management of fisheries
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Division 1—Preliminary
58 Interpretation
59 Application of Part in relation to Northern Territory
60 Acting Ministers
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Division 2—Joint Authorities
61 Establishment of Joint Authorities
62 Functions of Joint Authority
63 Deputies of members
64 Representation on Joint Authority
65 Delegation
66 Procedure of Joint Authorities
67 Decisions taken without meeting
68 Advisory committees
69 Administration
70 Annual reports
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Division 3—Arrangements with respect to management of particular fisheries
71 Arrangements with States—Joint Authority to manage
72 Other arrangements with States
73 Arrangements with States—general provisions
74 Arrangements—how made etc.
74A Arrangements—how varied etc.
75 Arrangements—how terminated etc.
76 Extension of operation of this Act
77 Exclusion of this Act (except this Division)
78 Effect of arrangement
81 Evidentiary provision
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Part 6—Surveillance and enforcement
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Division 1—Officers
83 Appointment of officers
84 Powers of officers
84B Cooperative Enforcement Agreement
84C Customs officers may carry arms in exercise of powers under this Act
85 When search warrants can be issued
85A The things that are authorised by a search warrant
85B Availability of assistance and use of force in executing a warrant
85C Copy of warrant to be given to occupier etc.
85D Specific powers available to officer executing warrant
85E Use of equipment to examine or process things
85F Use of electronic equipment at premises
85G Compensation for damage to electronic equipment
85H Copies of seized things to be provided
85J Occupier entitled to be present during search
85K Receipts for things seized under warrant
86 Warrants by telephone or other electronic means
87J Use of force to exercise powers
88 Release of seized property
88A Seizure and forfeiture of foreign boats etc.
89 Identity cards
89A Defensive equipment
90 Officer etc. not liable to certain actions
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Division 2—Fish receiver permits
91 Grant of fish receiver permits
92 Holder of fish receiver permit to give information etc.
93 Offences in relation to returns etc.
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Division 3—Foreign fishing boats—port permits
94 Grant of port permits
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Division 4—Enforcement generally
95 Offences
96 Removing fish from traps etc.
97 Persons not to receive fish in certain circumstances
97A E monitoring equipment and e monitoring data offences
98 Court may make certain orders
98A Infringement notices
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Division 5—Foreign boats—additional enforcement provisions
99 Using foreign boat for recreational fishing—strict liability offence
100 Using foreign boat for fishing in AFZ—strict liability offence
100A Offence of using foreign boat for fishing in AFZ
100B Using foreign boat for fishing in territorial sea within AFZ
101 Having foreign boat equipped for fishing—strict liability offence
101A Offence of having foreign boat equipped for fishing
101AA Having foreign boat equipped for fishing in territorial sea within AFZ
101B Using boat outside AFZ to support illegal foreign fishing in AFZ
102 Certain foreign boats not to enter Australian ports
103 Foreign boats not to land fish in Australia
104 Foreign boats not to contravene condition of Treaty licence
105 Certain prosecutions to require consent of Minister
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Division 5A—Offences in places beyond the AFZ
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Subdivision A—Australian flagged boats beyond the AFZ
105A Australian flagged boat with fish on high seas
105AA Person fishing for conserved fish stock on high seas without a concession—strict liability
105AB Person fishing for conserved fish stock on high seas without a concession
105B Australian flagged boat on high seas equipped for fishing
105C Australian flagged boat fishing in foreign waters
105D Authorising foreign officials’ action affecting Australian flagged boats
Subdivision B—Using foreign boat to contravene international fisheries management measure
105E Contravention on high seas—strict liability
105EA Contravention on high seas
105EB Attorney General’s consent required for prosecution
105F Australian national on foreign boat in foreign waters—strict liability
105FA Australian national on foreign boat in foreign waters
Subdivision C—Unauthorised foreign boat on high seas
105H Unauthorised fishing—strict liability
105I Unauthorised fishing
105J Attorney General’s consent required for prosecution
Division 5B—Provisions relating to detention of suspected illegal foreign fishers
105Q Provisions relating to detention of suspected illegal foreign fishers
Division 6—General
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Subdivision A—Forfeiture by court order
106 Forfeiture of things used in certain offences
106AAA Forfeiture of additional things on forfeited boats
106AAB Forfeited things become the property of the Commonwealth
106AAC Rights and interests of the Commonwealth not limited
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Subdivision B—Automatic forfeiture of things
106A Forfeiture of things used in certain offences
106AA Forfeiture of additional things on seized boats
106AB Rights and interests of the Commonwealth not limited
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Subdivision BA—Automatic ownership of things
106AC Fish taken with Commonwealth property
106AD Things on, in or attached to boats
106AE Rights and interests of the Commonwealth not limited
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Subdivision C—Dealing with things seized
106B Application of this Subdivision
106C Notice of seizure
106D Dealing with thing before it is condemned
106E Thing condemned if not claimed in time
106F Dealing with claim for thing
106G Condemnation of thing if it is claimed
106H Dealing with thing after it is condemned
106HA Evidence
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Subdivision E—Obstruction of officers
108 Obstruction of officers etc.
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Subdivision F—Enforcement action under this Act prevails over other action
108A Seizure or forfeiture has effect despite other proceedings
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Subdivision G—Disclosures relating to illegal fishing activities
108B Minister may disclose information relating to illegal fishing activities
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Part 7—Collection of levy and charge
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Division 1—Collection of levy imposed by the Fishing Levy Act 1991
109 Interpretation
110 When is levy due?
111 Payment by instalments
112 Penalty for non payment
113 Recovery of levy and other amounts
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Division 2—Collection of levy imposed by the Foreign Fishing Licences Levy Act 1991
114 Interpretation
115 Arrangements between AFMA and person by whom levy payable
116 When is levy due?
117 Penalty for non payment
118 Recovery of levy and other amounts
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Division 3—Collection of charge imposed by the Statutory Fishing Rights Charge Act 1991
119 Interpretation
120 When is charge due?
121 Payment by instalments
122 Penalty for non payment
123 Recovery of charge and other amounts
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Part 8—Review by the Statutory Fishing Rights Allocation Review Panel
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Division 1—Establishment etc. of Panel
124 Establishment of Panel
125 Constitution
126 Appointment of members
127 Qualifications etc. of Principal Member
128 Acting Principal Member
129 Constitution of Panel for exercise of powers
130 Member unable to complete review
131 Remuneration and allowances of members
132 Other terms and conditions
133 Resignation
134 Disclosure of interests
135 Termination of appointment
136 Registries
137 Officers of Panel
138 Acting appointments
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Division 2—Nomination and selection process for members of the Panel
139 Presiding Member
140 Acting Presiding Member
141 Request for nominations
141A Selection Committee
141B Membership of Selection Committee
141C Selection of nominees
141D Nomination
141E Rejection of nominations
141F Meetings of a Selection Committee
141G Remuneration and allowances
141H Leave of absence
141J Resignation
141K Termination of appointment of member of Selection Committee
141L Disclosure of interests by members of Selection Committees
141M Resolutions without meetings
141N Consultants etc.
141P Presiding Member to abolish Selection Committee
141Q Annual reports of Selection Committees
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Division 3—Review by Panel
142 Function
143 Application to Panel for review
144 AFMA or Joint Authority to be notified of application for review
145 Arrangements for hearing of application
146 Powers of the Panel etc.
147 Procedure of Panel
148 Representation before Panel
149 Oral evidence usually given in public
150 Powers in relation to decisions under review
151 Withdrawal of application for review
152 Power to dismiss application
153 Refusal to be sworn or to answer questions etc.
154 Majority decision
155 Panel may restrict publication of certain matters
156 Failure of witness to attend
157 Protection of members and persons giving evidence
158 Fees for persons giving evidence
159 Person must not obstruct etc.
160 Procedure following Panel decision
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Division 4—Appeals
161 Appeal to Federal Court of Australia on question of law
162 Operation etc. of decision subject to appeal
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Part 9—Miscellaneous
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Division 1—Electronic decision making
163A What this Division is about
163B Electronic decision making
163C Replacing an electronic decision
163D Evidence of whether computer is functioning correctly
163E Return of fishing concession certificate not necessary
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Division 2—Other miscellaneous provisions
163 Delegation by Minister
164 Conduct of directors, employees and agents
165 Reconsideration by AFMA and right to review by Administrative Appeals Tribunal
166 Evidence
167 AFMA to compile statistics
167A Compensation for acquisition of property
167B AFMA may give information about boats to officers of Customs
168 Regulations
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Schedule 1A—Provisions relating to detention of suspected illegal foreign fishers
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Part 1—Preliminary
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Division 1—Objects of this Schedule
1 Main objects of this Schedule
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Division 2—Definitions
2 Definitions
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Division 3—Appointment etc. of detention officers
3 Minister may appoint persons to be detention officers
4 Detention officers subject to directions
5 Detention officer etc. not liable to certain actions
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Division 4—Authorisation of officers and detention officers
6 AFMA may authorise officers and detention officers
7 Persons who are authorised officers for purposes of Migration Act 1958 are taken to be authorised for this Schedule
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Part 2—Detaining suspected illegal foreign fishers
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Division 1—Initial detention by an officer
8 Power to detain
9 Relationship with Part IC of the Crimes Act 1914
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Division 2—Continued detention by a detention officer
10 Detention officer may detain person already detained by officer
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Division 3—Detention on behalf of an officer or detention officer
11 Detention on behalf of an officer or detention officer
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Division 4—Moving detainees
12 Power to move detainees
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Division 5—End of detention
13 End of detention
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Division 6—Offence of escaping from detention
14 Escape from detention
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Part 3—Searching and screening detainees and screening their visitors
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Division 1—Searches of detainees
15 Searches of detainees
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Division 2—Screening of detainees
16 Power to conduct a screening procedure
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Division 3—Strip searches of detainees
17 Power to conduct a strip search
18 Rules for conducting a strip search
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Division 4—Keeping of things found by screening or strip search of detainees
19 Possession and retention of certain things obtained during a screening procedure or strip search
20 Authorised officer may apply for a thing to be retained for a further period
21 Magistrate may order that thing be retained
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Division 5—Law applying to detainee in State or Territory prison etc.
22 Detainees held in State or Territory prisons or remand centres
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Division 6—Screening detainees’ visitors
23 Powers concerning entry to premises where detainee is detained
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Part 4—Detainees’ rights to facilities for obtaining legal advice etc.
24 Detainee may have access to certain advice, facilities etc.
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Part 5—Identifying detainees
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Division 1—Preliminary
25 Definitions
26 Meaning of personal identifier
27 Limiting the types of identification tests that authorised officers may carry out
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Division 2—Identification of detainees
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Subdivision A—Provision of personal identifiers
28 Detainees must provide personal identifiers
29 Authorised officers must require and carry out identification tests
30 Information to be provided before carrying out identification tests
Subdivision B—How identification tests are carried out
31 General rules for carrying out identification tests
32 Use of force in carrying out identification tests
33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
34 Authorised officer may get help to carry out identification tests
35 Identification tests to be carried out by authorised officer of same sex as non citizen
36 Independent person to be present
37 Recording of identification tests
38 Retesting
Subdivision C—Obligations relating to video recordings of identification tests
39 Definitions
40 Accessing video recordings
41 Authorising access to video recordings
42 Providing video recordings
43 Unauthorised modification of video recordings
44 Unauthorised impairment of video recordings
45 Meanings of unauthorised modification and unauthorised impairment etc.
46 Destroying video recordings
Division 3—Identification of minors and incapable persons
47 Minors
48 Incapable persons
Division 4—Obligations relating to detainees’ identifying information
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Subdivision A—Preliminary
49 Definitions
50 Application
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Subdivision B—Accessing identifying information
51 Accessing identifying information
52 Authorising access to identifying information
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Subdivision C—Disclosing identifying information
53 Disclosing identifying information
54 Authorising disclosure of identifying information to foreign countries etc.
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Subdivision D—Modifying and impairing identifying information
55 Unauthorised modification of identifying information
56 Unauthorised impairment of identifying information
57 Meanings of unauthorised modification and unauthorised impairment etc.
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Subdivision E—Retaining identifying information
58 Identifying information may be indefinitely retained
Part 6—Disclosure of detainees’ personal information
59 Disclosure of detainees’ personal information
Schedule 1—Treaty on fisheries between the Governments of certain Pacific Island States and the United States of America
Schedule 2—Fish Stocks Agreement
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Schedule 3—Compliance Agreement
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history