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Fisheries Management Act 1991No. 162, 1991

In force

Administered by

Department of Agriculture, Fisheries and Forestry

Superseded version

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View as made version

C2006C00347

23 June 2006 - 30 April 2007

Table of contents

Part 1—Preliminary
- 1 Short title [see Note 1]
- 2 Commencement [see Note 1]
- 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
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
Part 3—Regulation of fishing
- Division 1—Preliminary
- Division 2—Plans of management
- Division 3—Statutory fishing rights
- Division 4—Ways of granting statutory fishing rights
- Division 4A—Statutory fishing rights options
- Division 5—Fishing permits
  - 32 Grant of fishing permits
- Division 6—Scientific permits
  - 33 Grant of scientific permits
- Division 7—Foreign fishing licences and 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 10—Miscellaneous
Part 4—Register of Statutory Fishing Rights
- 44 The Register
- 45 Information to be included in Register
- 46 Creation etc. of interests in fishing rights
- 47 Trusts not registrable
- 48 Power of holder of fishing right to deal with fishing right
- 49 Approval of AFMA etc. to dealing required in certain circumstances
- 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
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
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
Part 5—Co-operation with States and Northern Territory in management of fisheries
- Division 1—Preliminary
- Division 2—Joint Authorities
- Division 3—Arrangements with respect to management of particular fisheries
Part 6—Surveillance and enforcement
- Division 1—Officers
- Division 2—Fish receiver permits
- Division 3—Foreign fishing boats—port permits
  - 94 Grant of port permits
- Division 4—Enforcement generally
- Division 5—Foreign boats—additional enforcement provisions
- Division 5A—Offences in places beyond the AFZ
- Division 5B—Provisions relating to detention of suspected illegal foreign fishers
  - 105Q Provisions relating to detention of suspected illegal foreign fishers
- Division 6—General
Part 7—Collection of levy and charge
- Division 1—Collection of levy imposed by the Fishing Levy Act 1991
- Division 2—Collection of levy imposed by the Foreign Fishing Licences Levy Act 1991
- Division 3—Collection of charge imposed by the Statutory Fishing Rights Charge Act 1991
Part 8—Review by the Statutory Fishing Rights Allocation Review Panel
- Division 1—Establishment etc. of Panel
- Division 2—Selection and nomination process for members of the Panel
- Division 3—Review by Panel
- Division 4—Appeals
  - 161 Appeal to Federal Court of Australia on question of law
  - 162 Operation etc. of decision subject to appeal
Part 9—Miscellaneous
- 163 Delegation by Minister
- 164 Conduct of directors, servants 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 Customs
- 168 Regulations
Schedule 1A—Provisions relating to detention of suspected illegal foreign fishers
Part 1—Preliminary
- Division 1—Objects of this Schedule
  - 1 Main objects of this Schedule
- Division 2—Definitions
  - 2 Definitions
- Division 3—Appointment etc. of detention officers
- 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
Part 2—Detaining suspected illegal foreign fishers
- Division 1—Initial detention by an officer
  - 8 Power to detain
  - 9 Relationship with Part IC of the Crimes Act 1914
- Division 2—Continued detention by a detention officer
  - 10 Detention officer may detain person already detained by officer
- Division 3—Detention on behalf of an officer or detention officer
  - 11 Detention on behalf of an officer or detention officer
- Division 4—Moving detainees
  - 12 Power to move detainees
- Division 5—End of detention
  - 13 End of detention
- Division 6—Offence of escaping from detention
  - 14 Escape from detention
Part 3—Searching and screening detainees and screening their visitors
- Division 1—Searches of detainees
  - 15 Searches of detainees
- Division 2—Screening of detainees
  - 16 Power to conduct a screening procedure
- Division 3—Strip searches of detainees
  - 17 Power to conduct a strip search
  - 18 Rules for conducting a strip search
- Division 4—Keeping of things found by screening or strip search of detainees
- Division 5—Law applying to detainee in State or Territory prison etc.
  - 22 Detainees held in State or Territory prisons or remand centres
- Division 6—Screening detainees’ visitors
  - 23 Powers concerning entry to premises where detainee is detained
Part 4—Detainees’ rights to facilities for obtaining legal advice etc.
- 24 Detainee may have access to certain advice, facilities etc.
Part 5—Identifying detainees
- Division 1—Preliminary
- Division 2—Identification of detainees
- Division 3—Identification of minors and incapable persons
  - 47 Minors
  - 48 Incapable persons
- Division 4—Obligations relating to detainees’ identifying information
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
Schedule 3—Compliance Agreement
- Notes to the STYLEREF ShortT \* MERGEFORMAT Fisheries Management Act 1991