Australian Government

Federal Register of Legislation

Annual survey

We would appreciate it if you could complete our website survey, open until 28 November 2025.

Fisheries Management Act 1991

In force

Administered by

Department of Agriculture, Fisheries and Forestry

Superseded version

View latest version

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