{"id":"C2004A02408","name":"Antarctic Marine Living Resources Conservation Act 1981","slug":"antarctic-marine-living-resources-conservation-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"30 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":25235,"registerId":"commonwealth-C2004A02408-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Antarctic Marine Living Resources Conservation Act 1981.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1, 2 and 3 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n  (3) The date fixed under subsection (2) shall not be a date earlier than the date on which the Convention enters into force for Australia.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> another Contracting Party means a Contracting Party to the Convention other than Australia.\n\n> Australia, when used in a geographical sense, includes the external Territories.\n\n> Australian fishing zone has the same meaning as in the Fisheries Management Act 1991.\n\n> Australian national means:\n\n    (a) an Australian citizen; or\n    (b) a body corporate established by or under a law of the Commonwealth, of a State or of a Territory.\n\n> Australian vessel means:\n\n    (a) a vessel that is registered in Australia;\n    (b) a vessel that is under the control or in the possession of any one or more of the following:\n    (i) the Commonwealth (including an arm of the Defence Force) or a State or Territory;\n    (ii) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;\n    (iii) a company or other body corporate incorporated under a law in force in a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest; or\n    (c) a vessel (other than a vessel referred to in paragraph (a) or (b)) that has Australian nationality.\n\n> authority of another Contracting Party means a permit, licence or other authority issued or given by another Contracting Party under a law of that other Contracting Party or (whether under a law or otherwise) for purposes of, and in accordance with, the Convention, or an arrangement made by another Contracting Party for purposes of, and in accordance with, the Convention.\n\n> conservation measures means measures for the conservation of Antarctic marine living resources that are adopted from time to time by the Commission for the Conservation of Antarctic Marine Living Resources under Article IX of the Convention and by which Australia accepts in accordance with that Article to be bound.\n\n> contravention, in relation to this Act, a provision of this Act, or a condition of a permit, includes a failure to comply with this Act, that provision or that condition.\n\n> Convention means the Convention entitled “Convention on the Conservation of Antarctic Marine Living Resources” that was opened for signature at Canberra on 1 August 1980, a copy of the English text of which is set out in the Schedule.\n\n> Convention area means the area south of the Antarctic Convergence.\n\n> foreign person means a person other than an Australian national.\n\n> foreign vessel means a vessel other than an Australian vessel.\n\n> harvest, in relation to marine organisms, includes:\n\n    (a) take, collect, catch, capture, kill, injure, interfere with, cut up, dismember, clean, sort, coat, pack, process, preserve, store, carry or transport, for any purpose; or\n    (b) search for with the object of finding and taking for any purpose.\n\n> inspector means:\n\n    (a) a person appointed as an inspector under paragraph 13(1)(a); or\n    (b) a person referred to in subsection 13(2).\n\n> interfere with, in relation to marine organisms, includes harass, chase, herd, tag, mark or brand.\n\n> law of the Territory means a law in force in the Territory other than an Act or instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act.\n\n> marine organism means a marine organism in the Convention area that belongs to any species of living organisms that is found in the Convention area.\n\n> master, in relation to a vessel, means the person having command or charge of the vessel.\n\n> permit means a permit in force under this Act.\n\n> special inspector means a person appointed as a special inspector under paragraph 13(1)(b).\n\n> the Territory means the Australian Antarctic Territory.\n\n> this Act includes the regulations.\n\n> vessel includes an air‑cushion vehicle or other similar craft.\n\n  (2) Where a provision of this Act requires a notice to be served on a person by the Minister, the notice may be served on that person personally, by post or in any other prescribed manner.\n  (3) A reference in this Act to an offence against this or any other Act, to an offence against regulations made under any Act or to an offence against a provision of this Act shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1 or 11.4 of the Criminal Code, in relation to this Act or that other Act or those regulations, as the case may be.\n  (4) A reference to an inspector in a provision of this Act that confers a function or power or imposes a duty upon inspectors shall be read as including a reference to any special inspector in respect of whom that function, power or duty is specified in pursuance of subsection 13(4).\n  (5) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.\n  (6) Except in so far as the contrary intention appears, an expression that is used in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act to bind Crown","content":"#### 4 Act to bind Crown\n\n  (1) This Act binds the Crown in each of its capacities.\n  (2) This Act does not make the Crown liable to be prosecuted for an offence.\n  (3) Subsection (2) does not affect any liability of the master of a vessel of which the Commonwealth or a State or Territory is the owner to be prosecuted for an offence.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 4A Application of the Criminal Code\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application of Act","content":"#### 5 Application of Act\n\n  (1) Subject to this section, this Act applies both within and outside Australia and extends to every external Territory.\n  (2) Subject to subsection 4(1) of the Antarctic Treaty Act 1960 and to subsection (3) of this section:\n    (a) to the extent that a provision of this Act has effect in and in relation to any waters or place beyond the outer limits of the Australian fishing zone, that provision applies only in relation to Australian nationals and Australian vessels and the members of the crew (including masters) of Australian vessels; and\n    (b) to the extent that a provision of this Act has effect in and in relation to Australia or the Australian fishing zone, that provision applies in relation to all persons, including foreign persons, and to all vessels, including foreign vessels.\n  (3) This Act has effect subject to:\n    (a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and\n    (b) any law of the Commonwealth giving effect to such an agreement.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Application of laws of the Territory","content":"#### 6 Application of laws of the Territory\n\n  A law of the Territory does not have effect to the extent (if any) to which it is inconsistent with a provision of the regulations, but such a law shall not be taken for the purposes of this subsection to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Certain persons do not commit offences against this Act","content":"#### 7 Certain persons do not commit offences against this Act\n\n  A person does not commit an offence against this Act by reason of any act or thing done by him or her to the extent that the doing of that act or thing is authorized by:\n    (a) a permit, licence or other authority in force, at the time when that act or thing is done, under a law of the Commonwealth other than this Act; or\n    (b) an authority of another Contracting Party in force at the time when that act or thing is done.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Harvesting, and research with respect to, marine organisms prohibited","content":"#### 8 Harvesting, and research with respect to, marine organisms prohibited\n\n  (1A) Subject to section 7 and subsection (2) of this section, if, otherwise than in accordance with a permit:\n    (a) a person in the Convention area engages in conduct; and\n    (b) the conduct causes the harvesting of any marine organisms;\n  the person commits an offence against this subsection punishable, on conviction:\n    (c) if the offender is a natural person—by a fine not exceeding 500 penalty units; or\n    (d) if the offender is a body corporate—by a fine not exceeding 1,000 penalty units.\n  (1) Subject to section 7 and subsection (2) of this section, where, otherwise than in accordance with a permit, a person in the Convention area carries out research with respect to any marine organisms, the person commits an offence against this subsection punishable, upon conviction:\n    (a) if the offender is a natural person—by a fine not exceeding 500 penalty units; or\n    (b) if the offender is a body corporate—by a fine not exceeding 1,000 penalty units.\n  (2) It is a defence to a prosecution for an offence against subsection (1A) or (1) if:\n    (a) the act in question was reasonably necessary to avoid injury to any person or damage to any vessel; or\n    (b) where paragraph (a) does not apply and the act in question was done by the holder of a permit—that act was unavoidable in the course of taking action in accordance with the permit or was reasonably necessary to avoid damage to equipment used in taking action in accordance with the permit.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3) of the Criminal Code.\n\n  (3) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Permits","content":"#### 9 Permits\n\n  (1) Subject to this section, upon application made to the Minister in accordance with the prescribed form or, if no form is prescribed, a form approved by him or her, the Minister may, in his or her discretion, grant to a person a permit in writing authorizing the person, in, or in a specified part of, the Convention area, to do either or both of the following:\n    (a) harvest marine organisms of a specified kind or kinds;\n    (b) carry out research with respect to marine organisms of a specified kind or kinds.\n  (2) A permit shall not be granted under subsection (1) authorizing a person to do an act, or an act included in a class of acts, that is prescribed for the purposes of this subsection.\n  (3) The Minister shall, in and in relation to the exercise of his or her powers under this section, have due regard to the objective and principles of the Convention.\n  (4) A permit granted under this section:\n    (a) is subject to such conditions (if any) as are specified in the permit or as are imposed in pursuance of subsection (5) in respect of the permit;\n    (b) comes into force on a date specified in the permit or, if no date is so specified, on the date on which it is granted; and\n    (c) remains in force for such period as is specified in the permit.\n  (5) At any time while a permit is in force the Minister may, upon his or her own motion or upon application made in accordance with subsection (6), by notice in writing served on the holder of the permit, vary or revoke a condition to which the permit is subject or impose a further condition in respect of the permit.\n  (6) The holder of a permit may make application in writing to the Minister for the variation or revocation of a condition to which the permit is subject or for the imposition of a further condition in respect of the permit.\n  (7) The Minister shall cause to be kept, in such manner and at such place or places as he or she directs, a register of permits in force from time to time, showing the purpose for which the permit was granted and the conditions (if any) to which each permit is from time to time subject and such other matters relating to each permit as the Minister thinks fit.\n  (8) Such fees as are prescribed are payable in respect of grants of permits.\n  (9) In this section, grant includes grant by way of renewal.","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Contravening conditions of permits","content":"#### 10 Contravening conditions of permits\n\n  (1) A person commits an offence if:\n    (a) a condition of a permit is applicable to the person; and\n    (b) the person engages in conduct; and\n    (c) the conduct contravenes the condition.\n\nPenalty:\n\n    (a) if the offender is a natural person—50 penalty units; or\n    (b) if the offender is a body corporate—100 penalty units.\n  (2) In this section:\n\n> engage in conduct means:\n\n    (a) do an act; or\n    (b) omit to perform an act.","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Suspension of permits","content":"#### 11 Suspension of permits\n\n  (1) The Minister may, in his or her discretion, by notice given by any means the Minister thinks appropriate to the holder of a permit:\n    (a) subject to subsection (2), suspend the permit for a period not exceeding 90 days if he or she suspects on reasonable grounds that circumstances exist by reason of which he or she would be empowered to cancel the permit; or\n    (b) revoke the suspension of the permit at any time.\n  (2) Where proceedings for an offence in relation to a permit are commenced during the period of suspension of the permit, the suspension may be continued until the proceedings (including any appeal) are completed.\n  (3) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":"Cancellation of permits","content":"#### 12 Cancellation of permits\n\n  The Minister may, in his or her discretion, by notice in writing served on the holder of a permit, cancel the permit if:\n    (a) he or she is satisfied that there has been a contravention of a condition to which the permit is subject;\n    (b) he or she is satisfied that the holder of the permit has contravened a provision of this Act;\n    (c) he or she is satisfied that the act or acts authorized by the permit may adversely affect a population of any species of marine organisms; or\n    (d) the holder of the permit has been convicted of an offence against the Fisheries Act 1952, the Continental Shelf (Living Natural Resources) Act 1968, the Antarctic Treaty (Environment Protection) Act 1980, the Whale Protection Act 1980, the Fisheries Management Act 1991 or regulations made under any of those Acts; or\n    (e) the holder of the permit has been found by a court to have contravened a civil penalty provision (as defined in the Environment Protection and Biodiversity Conservation Act 1999) in:\n    (i) Division 1 of Part 3 of that Act; or\n    (ii) Subdivision A of Division 2 of Part 3 of that Act; or\n    (iii) Division 2 of Part 9 of that Act; or\n    (f) the holder of the permit has been convicted of an offence against one or more of the following provisions of the Environment Protection and Biodiversity Conservation Act 1999:\n    (i) Division 1 of Part 3;\n    (ii) Subdivision A of Division 2 of Part 3;\n    (iii) Division 2 of Part 9;\n    (iv) Part 13.","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Inspectors and special inspectors","content":"#### 13 Inspectors and special inspectors\n\n  (1) The Minister may, by instrument signed by him or her:\n    (a) appoint a person as an inspector; or\n    (b) appoint a person, upon the nomination of the Commission for the Conservation of Antarctic Marine Living Resources, as a special inspector;\n  for the purposes of this Act.\n  (2) By force of this subsection, every member of the Australian Federal Police or of the police force of a Territory is an inspector.\n  (3) The Minister may, in his or her discretion:\n    (a) determine terms and conditions of appointment, including remuneration and allowances, of a person appointed under subsection (1); and\n    (b) at any time terminate such an appointment.\n  (4) A person appointed as a special inspector under paragraph (1)(b) has, during the continuance of his or her appointment, such of the functions, powers and duties of inspectors as are specified in the instrument of his or her appointment.","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Identity cards","content":"#### 14 Identity cards\n\n  (1) The Minister shall cause to be issued to each inspector, other than a member of a police force, and to each special inspector, an identity card in a form approved by the Minister containing a photograph of the holder.\n  (2) Where a person to whom an identity card has been issued under subsection (1) ceases to be an inspector or special inspector, as the case may be, he or she shall forthwith return the identity card to the Minister.\n  (3) A person who contravenes subsection (2) commits an offence punishable, upon conviction, by a fine not exceeding 1 penalty unit.","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Arrest without warrant","content":"#### 15 Arrest without warrant\n\n  (1) An inspector may, without warrant, arrest any person if he or she believes on reasonable grounds:\n    (a) that the person has committed or is committing an offence against this Act; and\n    (b) that proceedings against the person by summons would not be effective.\n  (2) Where an inspector (other than a member of a police force who is in uniform) arrests a person under subsection (1), he or she shall:\n    (a) if the inspector is a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or\n    (b) in any other case—produce his or her identity card for inspection by that person.\n  (3) Where a person is arrested under subsection (1), an inspector shall forthwith bring the person, or cause him or her to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law.\n  (4) Nothing in this section prevents the arrest of a person under any other law.","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"General powers of inspectors","content":"#### 16 General powers of inspectors\n\n  (1) Subject to this section, an inspector may search a vessel if he or she believes on reasonable grounds that there is in, on or attached to that vessel:\n    (a) a marine organism in respect of which an offence against this Act has been committed; or\n    (b) anything that may afford evidence as to the commission of an offence against this Act;\n  and for that purpose stop or detain that vessel.\n  (2) An inspector shall not search:\n    (a) a vessel belonging to an arm of the Defence Force; or\n    (b) a foreign vessel of war;\n  unless permission to do so is given by the person for the time being having command of the vessel and, if that person so requires, personnel of an arm of the Defence Force or of the foreign vessel, as the case may be, are present to supervise the search.\n  (3) An inspector may:\n    (a) require any person whom he or she finds committing or whom he or she suspects on reasonable grounds of having committed an offence against this Act to state his or her full name and usual place of residence; and\n    (b) require any person whom he or she finds doing or whom he or she suspects on reasonable grounds of having done an act in respect of which the person is required to hold a permit to produce such a permit or evidence of the existence and contents of such a permit.\n  (4) Where an inspector (other than a member of a police force who is in uniform) stops, or proposes to search or detain, a vessel, he or she shall:\n    (a) if he or she is a member of a police force—produce, for inspection by the master of the vessel, written evidence of the fact that he or she is a member of a police force; or\n    (b) in any other case—produce his or her identity card for inspection by that person;\n  and, if he or she fails to do so, he or she is not authorized to search or detain that vessel.\n  (5) Where an inspector (other than a member of a police force who is in uniform) makes a requirement of a person in pursuance of subsection (3), he or she shall:\n    (a) if he or she is a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or\n    (b) in any other case—produce his or her identity card for inspection by that person;\n  and, if he or she fails to do so, that person is not obliged to comply with the requirement.\n  (6) A person who fails to comply with a requirement made of him or her by an inspector under this section commits an offence punishable, upon conviction, by a fine not exceeding 10 penalty units.\n  (6A) An offence under subsection (6) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (6B) Subsection (6) does not apply if the person has a reasonable excuse.\n\n> Note: The defendant bears an evidential burden in relation to the matter in subsection (6B). See subsection 13.3(3) of the Criminal Code.\n\n  (7) For the purposes of paragraph (3)(b), permit includes an authority of another Contracting Party that is in force.","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Seizure and forfeiture","content":"#### 17 Seizure and forfeiture\n\n  (1) Where a court convicts a person of an offence against this Act, the court may order the forfeiture to the Commonwealth of any vessel or article used or otherwise involved in the commission of the offence.\n  (2) An inspector may seize any vessel or article that he or she believes on reasonable grounds has been used or otherwise involved in the commission of an offence against this Act and may retain it until the expiration of a period of 60 days after the seizure, or, if proceedings for an offence against this Act in the commission of which it may have been used or otherwise involved are instituted within that period, until the proceedings are terminated.\n  (3) The Minister may authorize a vessel or article seized under subsection (2) or anything in, on or attached to such a vessel to be released to its owner, or to the person from whose possession it was seized, either unconditionally or on such conditions as he or she thinks fit, including conditions as to the giving of security for payment of its value if it is forfeited.\n  (4) A vessel or article forfeited under this section may be sold or otherwise disposed of as the Minister thinks fit.\n  (5) An inspector may seize any marine organisms in respect of which he or she believes on reasonable grounds that an offence against this Act has been committed.\n  (6) The Minister may cause any marine organisms seized under subsection (5) to be retained or disposed of and, if an offence against this Act was not committed in respect of them, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation.","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Prosecution of offences against subsection 8(1)","content":"#### 18 Prosecution of offences against subsection 8(1)\n\n  (1) Subject to subsection (2), an offence against subsection 8(1A) or (1) is an indictable offence.\n  (2) Notwithstanding that an offence against subsection 8(1A) or (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent.\n  (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against subsection 8(1A) or (1), the penalty that the court may impose is:\n    (a) if the offender is a natural person—a fine not exceeding 50 penalty units; or\n    (b) if the offender is a body corporate—a fine not exceeding 100 penalty units.","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Evidentiary certificates","content":"#### 19 Evidentiary certificates\n\n  (1) The Minister or a person authorized in writing by him or her to give certificates under this section may give a certificate:\n    (a) that, at a time specified in the certificate, a vessel specified in the certificate was, or was not, an Australian vessel;\n    (b) that an area specified in the certificate is in the Convention area, or is in a part of the Convention area specified in the certificate;\n    (c) that, at a time specified in the certificate, an area specified in the certificate was part of the Australian fishing zone;\n    (d) that, at a time specified in the certificate, a person specified in the certificate was, or was not, the holder of a permit authorizing the person, in the Convention area, or in a part of the Convention area specified in the certificate, to harvest marine organisms of a kind or kinds specified in the certificate; or\n    (e) that, at a time specified in the certificate, a person specified in the certificate was, or was not, the holder of a permit authorizing the person, in the Convention area, or in a part of the Convention area specified in the certificate, to carry out research with respect to marine organisms of a kind or kinds specified in the certificate.\n  (2) A person giving a certificate under paragraph (1)(d) or (e) that a person was, at a time specified in the certificate, the holder of a permit may, in the certificate, certify that conditions specified in the certificate were the conditions to which the permit was subject at the time so specified.\n  (3) In proceedings for an offence against this Act, a certificate given under this section is prima facie evidence of the matters specified in the certificate.\n  (4) For the purposes of this section, a writing purporting to be a certificate under this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Officers and employees of governments and authorities","content":"#### 20 Officers and employees of governments and authorities\n\n  The Governor‑General may make arrangements with the Governor of a State or the Administrator of the Northern Territory for the performance of functions and duties and the exercise of powers under this Act by officers or employees of that State or Territory or of an authority of that State or Territory, as the case may be.","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Programs etc. relating to Antarctic marine living resources","content":"#### 21 Programs etc. relating to Antarctic marine living resources\n\n  The Minister may make arrangements for, or co‑operate with any government, organization or person in:\n    (a) the formulation and implementation of programs;\n    (b) the carrying out of research; and\n    (c) the dissemination of information;\n  relating to the conservation of Antarctic marine living resources.","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Delegation","content":"#### 22 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided in the instrument of delegation, by writing signed by him or her, delegate to a person any of his or her powers under this Act, other than his or her powers under subsection 9(5) (except where a power referred to in that subsection is exercised in pursuance of an application under subsection 9(6) by the holder of a permit), sections 11 and 12 and this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Review of decisions","content":"#### 23 Review of decisions\n\n  (1) An application may be made to the Administrative Review Tribunal for a review of a decision of the Minister made under section 9, 11 or 12.\n  (2) In subsection (1), decision has the same meaning as in the Administrative Review Tribunal Act 2024.","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Regulations","content":"#### 24 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act, the Convention or conservation measures and, in particular:\n    (a) providing for functions and powers to be conferred, and duties to be imposed, upon inspectors; and\n    (b) providing, in respect of an offence against a provision of the regulations, for the imposition of:\n    (i) if the offender is a natural person—a fine not exceeding 20 penalty units or 2 penalty units for each day during which the offence continues; or\n    (ii) if the offender is a body corporate—a fine not exceeding 50 penalty units or 5 penalty units for each day during which the offence continues.\n  (2) The power to make regulations conferred by this Act may be exercised:\n    (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and\n    (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different provision for different cases or classes of case.\n  (3) The power to make regulations conferred by this Act shall not be taken, by implication, to exclude the power to make provision for or in relation to a matter by reason only of the fact that:\n    (a) provision is made by this Act in relation to that matter or another matter; or\n    (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter.\n  (4) The limitation imposed by paragraph (1)(b) on the penalties that may be prescribed by the regulations does not prevent the regulations from requiring a person to make a statutory declaration.","sortOrder":24}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"3(1) - definition of 'marine organism'","severity":"high","reasoning":"A definition must provide meaning independent of the term being defined. This definition says a 'marine organism' is 'a marine organism' with geographic qualifiers appended. It tells us nothing about what constitutes a marine organism in the first place. Any organism not already known to be a 'marine organism' cannot use this definition to determine whether it qualifies.","confidence":0.97,"description":"The definition of 'marine organism' is circular and tautological: it defines 'marine organism' as 'a marine organism in the Convention area that belongs to any species of living organisms that is found in the Convention area.' The term being defined is used in the definition itself without any independent clarifying content."},{"type":"impossible_compliance","section":"3(1) - definition of 'harvest'","severity":"medium","reasoning":"The ordinary meaning of 'harvest' connotes extraction or collection. By including 'carry or transport for any purpose,' the definition captures activities entirely incidental to or downstream of any actual taking. Combined with section 8's prohibition on harvesting without a permit, anyone transporting marine organisms through the Convention area — even organisms lawfully obtained elsewhere — would technically be committing an offence.","confidence":0.82,"description":"The definition of 'harvest' is so expansive it renders the permit requirement practically absurd. It includes 'carry or transport' for any purpose, meaning a scientist merely moving a specimen from one container to another, or a vessel transiting with legally-acquired organisms aboard, would technically be 'harvesting' and require a permit."},{"type":"impossible_compliance","section":"11(3)","severity":"medium","reasoning":"Section 11(2) allows suspension to continue until proceedings including any appeal are completed. Appeals in Australian courts can take years. A permit of limited duration (say, one fishing season) could expire entirely during suspension, meaning the permit is cancelled by effluxion of time before the holder is found guilty or innocent. The holder is penalised regardless of the outcome of proceedings.","confidence":0.88,"description":"A suspended permit 'has no force or effect' but the period of currency continues to run. This means a permit can effectively expire during suspension proceedings even though the holder has been denied the ability to use it, resulting in the holder losing their permit period through no fault of their own — potentially before proceedings conclude."},{"type":"impossible_compliance","section":"8(2)(b)","severity":"medium","reasoning":"The structure of the defence discriminates against non-permit holders for truly unavoidable acts. While paragraph (a) provides a general emergency defence, it is limited to injury to persons or vessel damage. An unavoidable incidental taking of a marine organism that doesn't threaten persons or vessels but is genuinely beyond the actor's control — such as organisms becoming trapped in equipment — provides no defence to someone without a permit, even though they could not have complied.","confidence":0.79,"description":"The defence in section 8(2)(b) applies only where 'paragraph (a) does not apply and the act in question was done by the holder of a permit.' This means a permit holder has a defence for unavoidable acts done in accordance with the permit, but a person without a permit who commits an unavoidable act has no equivalent defence — even if the act was entirely outside their control."},{"type":"other","section":"3(1) - definition of 'interfere with' / 'harvest'","severity":"medium","reasoning":"The nesting of 'interfere with' inside 'harvest' means the prohibitions in section 8 on harvesting without a permit extend to any act of herding or chasing a marine organism. A vessel that accidentally causes fish to scatter (arguably 'chasing' or 'harassing') would technically be harvesting without a permit. This conflation of incidental disturbance with harvesting is logically incoherent.","confidence":0.8,"description":"'Interfere with' is defined to include 'harass, chase, herd, tag, mark or brand' and is itself incorporated into the definition of 'harvest' via 'interfere with.' This means merely chasing or herding a marine organism — without capturing or taking it — constitutes 'harvesting' requiring a permit, an absurd outcome given the ordinary meaning of harvesting."},{"type":"self_contradicting","section":"16(6) and 16(6A) and 16(6B)","severity":"low","reasoning":"Section 16(5) says non-production of ID means the person 'is not obliged to comply' — this appears to be an absolute right. However, under strict liability with a reasonable excuse defence (s16(6A) and (6B)), the defendant bears an evidential burden to raise the excuse. The Act gives with one hand (you need not comply) and takes with the other (but you must prove it as an excuse).","confidence":0.72,"description":"Section 16(6) creates a strict liability offence for failing to comply with an inspector's requirement, but section 16(6B) provides a 'reasonable excuse' defence. The combination of strict liability with a reasonable excuse defence is internally consistent with the Criminal Code framework, but section 16(5) provides that a person is 'not obliged to comply' with a requirement if the inspector fails to produce identification. A person relying on this non-obligation must nonetheless raise it as a 'reasonable excuse' under strict liability, placing an evidential burden on them for what the Act elsewhere frames as an absolute entitlement."},{"type":"other","section":"22(1)","severity":"low","reasoning":"The exclusion of own-motion condition variations from delegation means only the Minister personally can proactively vary permit conditions, but a delegate can do so reactively. Urgent conservation-driven own-motion variations would always require ministerial personal action, potentially causing delay.","confidence":0.7,"description":"Section 22(1) expressly excludes delegation of the power under subsection 9(5) 'except where a power referred to in that subsection is exercised in pursuance of an application under subsection 9(6).' Section 9(5) allows the Minister to act on own motion or on application. The exception reintroduces delegation only for the application pathway. This creates a position where a delegate can vary permit conditions when asked by a permit holder but cannot do so on their own initiative — an administratively peculiar asymmetry that may frustrate urgent regulatory action."}],"contradictions":[{"severity":"medium","section_a":"5(2)(a)","section_b":"7(b)","confidence":0.78,"description":"Section 5(2)(a) limits the Act's extraterritorial operation to Australian nationals and Australian vessels beyond the Australian fishing zone. However, section 7(b) provides a defence for any 'person' (not just foreign persons) acting under an authority of another Contracting Party. This means an Australian national operating beyond the fishing zone under a foreign Contracting Party's authority could rely on section 7(b) to avoid prosecution — potentially allowing Australian nationals to circumvent Australian permit requirements by obtaining foreign authorisation."},{"severity":"medium","section_a":"8(1A) / 8(1)","section_b":"18(1) / 18(3)","confidence":0.85,"description":"Sections 8(1A) and 8(1) prescribe maximum penalties of 500 penalty units for natural persons and 1,000 for bodies corporate upon conviction. Section 18(1) confirms these are indictable offences. However, section 18(3) caps the penalty a summary court may impose at 50 penalty units (natural person) and 100 (body corporate) — one-tenth of the maximum. This ten-fold reduction for summary conviction is so dramatic it creates a perverse incentive: defendants would actively prefer summary proceedings even on consent, potentially undermining the deterrent value of the indictable penalty regime."},{"severity":"low","section_a":"12(c)","section_b":"9(3)","confidence":0.73,"description":"Section 9(3) requires the Minister to have 'due regard to the objective and principles of the Convention' when granting permits. Section 12(c) allows the Minister to cancel a permit if satisfied that 'the act or acts authorized by the permit may adversely affect a population of any species of marine organisms.' This means the Minister may lawfully grant a permit in compliance with Convention principles, and then cancel that same permit on grounds that would have been apparent — or should have been considered — at the time of grant, with no apparent obligation to compensate the permit holder or to have made a different decision at grant stage."},{"severity":"low","section_a":"14(1)","section_b":"13(2)","confidence":0.68,"description":"Section 14(1) requires identity cards to be issued to each inspector 'other than a member of a police force.' Section 13(2) deems every member of the Australian Federal Police or Territory police force to be an inspector by force of law. Section 16(4)(b) and 16(5)(b) require non-police inspectors to produce identity cards when stopping or making requirements of persons. However, section 15(2)(a) requires police inspectors (not in uniform) to produce 'written evidence' of police membership — a standard that is undefined and may be less rigorous than a formal identity card, creating an asymmetric identification regime with no principled basis."},{"severity":"low","section_a":"4(2)","section_b":"4(3)","confidence":0.7,"description":"Section 4(2) states the Act does not make the Crown liable to prosecution for an offence. Section 4(3) preserves liability of the master of a Crown-owned vessel. However, the 'master' definition in section 3 means 'the person having command or charge of the vessel.' Where the Crown directly operates a vessel and a Crown employee acting in that capacity is the master, the practical distinction between Crown liability and master liability becomes illusory — the Crown escapes liability while its direct agent does not, for the same acts carried out in the Crown's service."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose: implementing Australia's obligations under the 1980 Convention on the Conservation of Antarctic Marine Living Resources. Subsequent amendments (such as adding references to the Environment Protection and Biodiversity Conservation Act in permit cancellation grounds, updating penalty units, and referencing the Administrative Review Tribunal) represent administrative modernisation rather than any substantive expansion or contraction of the Act's core scope."},"complexity_factors":["Dual jurisdictional operation — different rules apply inside versus outside the Australian fishing zone, requiring careful reading of section 5","International law overlay — the Act must be interpreted consistently with an international Convention, and 'conservation measures' are set by an external international body (the Commission) not the Australian Parliament","Multiple interlocking definitions — terms like 'Australian vessel', 'Australian national', 'harvest', and 'marine organism' have specific expanded meanings that differ from everyday usage","Interaction with multiple other Commonwealth Acts (Fisheries Management Act, Antarctic Treaty Act, Environment Protection and Biodiversity Conservation Act, Crimes Act, Criminal Code) requiring cross-referencing","Layered enforcement structure — inspectors, special inspectors, and police all have overlapping but distinct powers","Permit conditions system is flexible and discretionary, meaning obligations can change after a permit is issued without the holder necessarily initiating the change","Strict liability offences sit alongside fault-based offences, creating different legal standards for similar conduct","Extraterritorial application adds complexity around which persons and vessels are subject to Australian law in remote international waters"],"plain_english_summary":"The Act implements Australia’s obligations under the Convention on the Conservation of Antarctic Marine Living Resources, protecting fish, krill, seals and other sea life in waters around Antarctica. It regulates harvesting and scientific work by Australian citizens, companies, vessels in Australian Antarctic fishing zones and researchers, requiring permits and authorising inspections, seizures and forfeiture to enforce conservation principles.\n\nIt matters because it gives Australia domestic teeth to prevent overfishing and ecological damage in Antarctic marine ecosystems, including on the high seas."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"No change of scope is apparent from the text supplied. The Act is tied to Australia's entry into the Convention (s 2), applies within Australia and to Australian nationals/vessels in the Convention area (s 5), binds the Crown but preserves Crown immunity from prosecution (s 4), and establishes a permit, enforcement and penalty framework for Antarctic marine living resources (ss 8–19, 24)."},"complexity_factors":["Extraterritorial application and differential reach (applies inside Australia and, beyond the Australian fishing zone, only to Australian nationals and vessels) (s 5).","Extensive defined terms and broad substantive definitions (e.g. \"harvest\", \"marine organism\", \"Australian vessel\") that determine coverage (s 3).","Discretionary permit regime with conditions, variation, suspension and cancellation powers vested in the Minister, plus fee and register requirements (s 9, 11, 12, 9(7), 9(8)).","Criminal penalties including indictable offences, corporate and individual fines, and strict liability for some inspection non‑compliance (s 8, 18, 16(6A), 4A).","Robust enforcement toolkit: inspector appointment, identity cards, arrest without warrant, search/detention limits, seizure and forfeiture, and evidentiary certificates (ss 13–17, 19).","Interplay with other Commonwealth laws and international obligations (s 5(3), s 7) and reference to the Criminal Code for fault elements (s 4A).","Delegation of ministerial powers and administrative review by the Tribunal (ss 22, 23), adding layers of administrative decisionmaking and remedy.","Wide regulation‑making power including prescribed offences and capped penalties, allowing substantial detail to be set by regulation (s 24)."],"plain_english_summary":"This Act creates a permit-based system controlling the harvesting of and research on marine life in the Antarctic Convention area, implements conservation measures Australia accepts under the Convention, and sets criminal penalties, inspection, seizure and forfeiture powers. \n\nIt affects Australian nationals and vessels operating in the Convention area and any persons or vessels in Australian waters; it matters because it imposes administrative compliance (permits, fees, conditions), criminal exposure for unauthorised conduct, and substantial ministerial and inspector discretion over enforcement."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1981 Act was focused on implementing the Convention on the Conservation of Antarctic Marine Living Resources. Over time, the scope has expanded significantly through amendments: (1) addition of the Criminal Code application (section 4A) bringing modern criminal law concepts; (2) expansion of permit cancellation grounds in section 12 to include convictions under multiple other environmental and fisheries Acts including the EPBC Act 1999; (3) addition of civil penalty provisions from the EPBC Act as grounds for cancellation; (4) replacement of the Administrative Appeals Tribunal with the Administrative Review Tribunal (section 23); and (5) integration with modern fisheries management frameworks. The Act has evolved from a simple permit-and-enforcement regime to a complex intersection of criminal, civil, and administrative law."},"complexity_factors":["21 defined terms in section 3, including nested definitions for 'Australian vessel' (3 paragraphs) and 'harvest' (extensive list of activities)","Complex territorial application rules in section 5 with different rules for Australian nationals vs foreign persons depending on location (inside vs outside Australian fishing zone)","Multiple cross-references to other Acts including Fisheries Management Act 1991, Antarctic Treaty Act 1960, Crimes Act 1914, Criminal Code, and Environment Protection and Biodiversity Conservation Act 1999","Conditional defences in section 8(2) with evidential burdens under the Criminal Code","Nested powers for inspectors with identity card requirements and specific procedural steps for arrests and searches (sections 14-16)","Strict liability offence in section 16(6A) with exception in 16(6B) requiring understanding of Criminal Code concepts","Interaction between Australian law, Territory laws, and international treaty obligations (sections 5 and 6)"],"plain_english_summary":"This law protects marine life in the Antarctic region by controlling who can fish or conduct research there.\n\n**What it does:**\n- **Bans harvesting and research** of marine organisms (fish, krill, etc.) in the Antarctic area south of the 'Antarctic Convergence' (a natural boundary in the Southern Ocean) unless you have a permit from the Australian Minister.\n- **Creates a permit system** where the Minister can grant written permission to harvest marine life or do research, subject to conditions.\n- **Sets up enforcement** through inspectors who can arrest people without warrants, search vessels, seize equipment and marine life, and demand to see permits.\n- **Imposes heavy fines** for illegal fishing or research—up to 500 penalty units for individuals and 1,000 for companies.\n\n**Who it affects:**\n- **Australian citizens and companies** anywhere in the Convention area (even outside Australian waters).\n- **Foreigners and foreign vessels** when they are within Australia or the Australian fishing zone.\n- **Fishing boats and research vessels** operating in Antarctic waters.\n\n**Why it matters:**\nAustralia is a member of an international treaty (the Convention on the Conservation of Antarctic Marine Living Resources) designed to prevent overfishing and protect the fragile Antarctic ecosystem. This law gives Australia the legal tools to enforce that treaty, stop illegal fishing, and ensure sustainable use of resources like krill and toothfish. It also allows international inspectors appointed by the treaty commission to operate in Australian jurisdiction.\n\n**Key features:**\n- Permits can be suspended for up to 90 days or cancelled for environmental harm or breaches.\n- Inspectors include federal police, territory police, and specially appointed international inspectors.\n- Decisions about permits can be reviewed by the Administrative Review Tribunal (a court-like body)."}},"importantCases":[],"_links":{"self":"/api/acts/antarctic-marine-living-resources-conservation-act-1981","history":"/api/acts/antarctic-marine-living-resources-conservation-act-1981/history","analysis":"/api/acts/antarctic-marine-living-resources-conservation-act-1981/analysis","conflicts":"/api/acts/antarctic-marine-living-resources-conservation-act-1981/conflicts","importantCases":"/api/acts/antarctic-marine-living-resources-conservation-act-1981/important-cases","documents":"/api/acts/antarctic-marine-living-resources-conservation-act-1981/documents"}}