Torres Strait Fisheries Act 1984 (Cth)

Torres Strait Fisheries Act 1984

No. 23, 1984

Compilation No. 32

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the Torres Strait Fisheries Act 1984 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 I—Preliminary 1 Short title 2 Commencement 3 Interpretation 4 Protected Zone coastal waters of Queensland 4A Application of the Criminal Code 5 Application of Act in certain waters 6 Extra‑territorial operation 7 Act not to apply to fishing for private purposes from Australian boats Part II—Administration 8 Objectives to be pursued 9 Delegation 10 Registers 11 Investigations 12 Issue of permits for scientific or developmental purposes 13 Minister to seek views of traditional inhabitants Part III—Regulation of fishing 14 Minister may require information to be furnished 15 Proclamations in relation to fishing 15A Management plans 16 Regulation of fishing Part IV—Licences, endorsements and entries 17 Licences may be required for taking fish in the course of community fishing 18 Licences, endorsements, renewals, transfers and entries 19 Commercial fishing and fish receivers licences 20 Endorsements of licences 21 Entries in licences and endorsements 22 Conditions of licences and endorsements 23 Terms of licences 24 Renewal of licences 25 Transfer of licences 25A Variation of licences 26 Suspension and cancellation of licences 27 Fees 27A Exercise of powers by agent etc. Part V—Protected Zone Joint Authority 28 Interpretation 29 Acting Ministers 30 Establishment of Protected Zone Joint Authority 31 Arrangements with Queensland 32 Procedure for making and termination of arrangements 33 Exclusion of this Act in accordance with arrangement 34 Functions of Joint Authority under this Act 35 Powers of Protected Zone Joint Authority 36 Powers of Protected Zone Joint Authority with respect to licences etc. 37 Application of provisions relating to offences 38 Delegation 39 Protected Zone Joint Authority to seek views of traditional inhabitants 40 Procedure of Protected Zone Joint Authority 41 Annual reports Part VI—Enforcement Division 1—Officers' powers 42 Powers of officers 42AA Identity cards 42AB Offence for failure to return identity card 43 Obstruction of officers etc. 43A Use of force to exercise powers 43B Officer etc. not liable to certain actions Division 1A—Search warrants 43C When search warrants can be issued 43D The things that are authorised by a search warrant 43E Availability of assistance and use of force in executing a warrant 43F Copy of warrant to be given to occupier etc. 43G Specific powers available to officer executing warrant 43H Use of equipment to examine or process things 43J Use of electronic equipment at premises 43K Compensation for damage to electronic equipment 43L Copies of seized things to be provided 43M Occupier entitled to be present during search 43N Receipts for things seized under warrant 43P Warrants by telephone or other electronic means Division 2—Offences 44 Contravention of instruments under section 16 45 Offences relating to commercial fishing 46 Court may make certain orders 46AA Offences relating to a fish receiver licence 46A Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—general 46B Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—unlicensed master 46C Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—processing or carrying fish 46D Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—trans‑shipping fish 47 Removing fish from traps etc. 48 Using foreign boat for fishing for private purposes 49 Bringing foreign boats and Papua New Guinea boats into the Australian part of the Protected Zone 49A Bringing foreign boats into territorial sea within an area of Australian jurisdiction 50 Certain boats not to land fish at certain places 51 Having boat equipped for fishing—general 51A Having foreign boat equipped for fishing in territorial sea within an area of Australian jurisdiction Division 3—Forfeiture for offences Subdivision A—Forfeiture by court order 52 Forfeiture of things used in certain offences 52AAA Forfeiture of additional things on forfeited boats 52AAB Forfeited things become the property of the Commonwealth 52AAC Rights and interests of the Commonwealth not limited Subdivision B—Automatic forfeiture of things 52A Forfeiture of things used in certain offences 52AA Forfeiture of additional things on seized boats 52AB Rights and interests of the Commonwealth not limited Subdivision BA—Automatic ownership of things 52AC Fish taken with Commonwealth property 52AD Things on, in or attached to boats 52AE Rights and interests of the Commonwealth not limited Subdivision C—Dealing with things seized 52B Application of this Subdivision 52C Notice of seizure 52D Dealing with thing before it is condemned 52E Thing condemned if not claimed in time 52F Dealing with claim for thing 52G Condemnation of thing if it is claimed 52H Dealing with thing after it is condemned 52HA Evidence Division 4—Dealing with property that has been seized etc. 52I Release of property that has been seized etc. 52J Seizure or forfeiture has effect despite other proceedings Division 5—Ancillary offences and provisions 53 Liability of master of boat 53A Conduct by directors, employees or agents of bodies corporate Division 6—Offence of contravening Papua New Guinea law 54 Offences against Papua New Guinea law Division 7—Provisions relating to detention of suspected illegal foreign fishers 54A Provisions relating to detention of suspected illegal foreign fishers Division 8—Alternative enforcement processes 54B Infringement notices 54C Demerit points system Part VII—Miscellaneous 55 Certain offences to be indictable offences 55A Enforcement of orders for payment 56 Certain prosecutions to require consent of Minister 56A Taking etc. of fish not an offence in certain circumstances 57 Evidence 58 Evidence in proceedings for an offence against section 54 59 Service of notices 60 Regulations Schedule 1—Torres Strait Treaty Schedule 2—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 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history