Fisheries Management Act 1991 (Cth)

Fisheries Management Act 1991

No. 162, 1991

Compilation No. 64

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Fisheries Management Act 1991 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 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 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 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 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 58 Interpretation 59 Application of Part in relation to Northern Territory 60 Acting Ministers 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 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 Part 6—Surveillance and enforcement 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 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. Division 3—Foreign fishing boats—port permits 94 Grant of port permits 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 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 Division 5A—Offences in places beyond the AFZ 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 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 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 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 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 Subdivision E—Obstruction of officers 108 Obstruction of officers etc. Subdivision F—Enforcement action under this Act prevails over other action 108A Seizure or forfeiture has effect despite other proceedings Subdivision G—Disclosures relating to illegal fishing activities 108B Minister may disclose information relating to illegal fishing activities Part 7—Collection of levy and charge 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 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 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 Part 8—Review by the Statutory Fishing Rights Allocation Review Panel 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 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 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 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 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 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 Review 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 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 3 Minister may appoint persons to be detention officers 4 Detention officers subject to directions 5 Detention officer etc. not liable to certain actions 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 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 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 25 Definitions 26 Meaning of personal identifier 27 Limiting the types of identification tests that authorised officers may carry out Division 2—Identification of detainees 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 Subdivision A—Preliminary 49 Definitions 50 Application Subdivision B—Accessing identifying information 51 Accessing identifying information 52 Authorising access to identifying information Subdivision C—Disclosing identifying information 53 Disclosing identifying information 54 Authorising disclosure of identifying information to foreign countries etc. 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. 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 Schedule 3—Compliance Agreement Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history