{"id":"C2004A04238","name":"Fisheries Legislation (Consequential Provisions) Act 1991","slug":"fisheries-legislation-consequential-provisions-act-1991","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"163 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":7550,"registerId":"commonwealth-C2004A04238-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title [see Note 1]","content":"##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Fisheries Legislation (Consequential Provisions) Act 1991.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement [see Note 1]","content":"##### 2 Commencement \\[see Note 1\\]\n\n  (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (3) If a provision mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Repeals","content":"##### 3 Repeals\n\n  (1) The following Acts are repealed:\n\n(a) Continental Shelf (Living Natural Resources) Act 1968;\n\n(b) Fisheries Agreements (Payments) Act 1981.\n\n  (2) The Fisheries Act 1952, other than Part IVA, is repealed.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> AFMA means the Australian Fisheries Management Authority.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Saving and Transitional Provisions","content":"## Part 2—Saving and Transitional Provisions","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Saving—permits for scientific purposes","content":"##### 5 Saving—permits for scientific purposes\n\n  (1) Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, a permit granted to a person under section 6B of that Act that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it is revoked, as if the Fisheries Act 1952, other than Part IVA, had not been repealed and that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before the commencement of this section continue to apply in relation to the permit, the holder of the permit or a person acting on behalf of the holder of the permit to the extent that they are capable of so applying.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued application, of an instrument mentioned in that subsection.\n  (3) A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a permit continued in force under subsection (1).","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Saving of licences","content":"##### 6 Saving of licences\n\n  (1) Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, a licence granted to a person under section 9 of that Act that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it is surrendered or cancelled, as if the Fisheries Act 1952, other than Part IVA, had not been repealed and that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before the commencement of this section continue to apply in relation to the licence, the holder of the licence or a person acting on behalf of the holder of the licence to the extent that they are capable of so applying.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued application, of an instrument mentioned in that subsection.\n  (3) A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a licence continued in force under subsection (1).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Saving and transitional—arrangements etc. with States and Territories","content":"##### 7 Saving and transitional—arrangements etc. with States and Territories\n\n  (1) Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before that repeal continue in force after that repeal to the extent necessary for the continuing operation of that Part.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued operation, of an instrument mentioned in that subsection or the making or determination of such an instrument under that Act in its continued operation.\n  (3) Part IVA of the Fisheries Act 1952, unless sooner repealed, ceases to have effect at the end of the period of 3 years beginning on the day on which this section commences.\n  (4) Upon the commencement of Part 5 of the Fisheries Management Act 1991:\n\n(a) the Northern Territory Fisheries Joint Authority and the Western Australian Fisheries Joint Authority established under section 12D of the Fisheries Act 1952 continue in existence as if they had been established under Part 5 of the Fisheries Management Act 1991; and\n\n(b) any arrangement made with a State or Territory under subsection 12H(1) or (4) of the Fisheries Act 1952 that was in force immediately before that commencement continues in force as if it had been made under Part 5 of the Fisheries Management Act 1991.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Officers","content":"##### 8 Officers\n\n  Without limiting the operation of section 5, 6 or 7, a person who, immediately before the repeal of the Fisheries Act 1952, other than Part IVA, was a person mentioned in paragraph (a) of the definition of officer in subsection 4(1) of that Act is taken, after the commencement of section 83 of the Fisheries Management Act 1991, to be an officer appointed under that section.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Saving—licences and permits under the Continental Shelf (Living Natural Resources) Act 1968","content":"##### 9 Saving—licences and permits under the Continental Shelf (Living Natural Resources) Act 1968\n\n  (1) Despite the repeal of the Continental Shelf (Living Natural Resources) Act 1968 by this Act, a prescribed concession that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it otherwise ceases to have effect, as if the Continental Shelf (Living Natural Resources) Act 1968 had not been repealed and that Act and instruments made or determined under that Act (including regulations or notices) as in force immediately before the commencement of this section continue to apply in relation to the prescribed concession, the holder of the concession or a person acting on behalf of the holder of the concession to the extent that they are capable of so applying.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation under the Continental Shelf (Living Natural Resources) Act 1968 in its continued application, of an instrument mentioned in that subsection.\n  (3) A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a prescribed concession continued in force under subsection (1).\n  (4) In this section:\n\n> prescribed concession means:\n\n(a) a licence granted to a person under section 13 of the Continental Shelf (Living Natural Resources) Act 1968; or\n\n(b) a permit granted to a person under section 23 of that Act.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Transitional arrangements—staff of AFMA","content":"##### 10 Transitional arrangements—staff of AFMA\n\n  (1) A person who:\n\n(a) immediately before the commencement of the Fisheries Administration Act 1991 was employed under the Public Service Act 1922; and\n\n(b) from and including that commencement is employed by AFMA;\n\n  is taken, until AFMA determines otherwise, to be engaged on the same terms and conditions, and to be subject to the same industrial award, as in force from time to time, as applied to the person immediately before that commencement.\n  (2) Before making a determination under subsection 68(2) of the Fisheries Administration Act 1991 affecting persons mentioned in subsection (1), AFMA must consult fully with organisations representing such persons for industrial relations purposes.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Transfers of certain assets to AFMA","content":"##### 11 Transfers of certain assets to AFMA\n\n  (1) The Minister may, after the commencement of the Fisheries Administration Act 1991, cause to be transferred to AFMA any assets held by the Commonwealth that the Minister considers appropriate to be transferred to AFMA for the performance of its functions and the exercise of its powers.\n  (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to AFMA otherwise than under that subsection.\n  (3) Where, immediately before the transfer:\n\n(a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or\n\n(b) a debt, liability or obligation of the Commonwealth existed in respect of the assets;\n\n  the right, debt, liability or obligation, as the case may be, of the Commonwealth is, by force of this section, transferred to AFMA.\n  (4) Where, immediately before the transfer:\n\n(a) proceedings by the Commonwealth were pending in a court; and\n\n(b) the proceedings related to such a debt, liability or obligation;\n\n  then, to the extent that the proceedings so relate, they may be continued by AFMA and AFMA is to be substituted for the Commonwealth.","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Agreements etc.—Minister may make arrangements","content":"##### 12 Agreements etc.—Minister may make arrangements\n\n  (1) The Minister may, by writing signed by him or her, declare that a specified agreement or a specified instrument:\n\n(a) to which the Commonwealth or the Commonwealth Government is a party; and\n\n(b) that immediately before the commencement of the Fisheries Administration Act 1991 related to fisheries;\n\n  has effect, after that commencement, as if:\n\n(c) AFMA were substituted for the Commonwealth or the Commonwealth Government, as the case may be, as a party to the agreement or instrument; and\n\n(d) any reference in the agreement or instrument to the Commonwealth or the Commonwealth Government were (except in relation to matters that occurred before that commencement) a reference to AFMA;\n\n  and, where the Minister makes such a declaration, it has effect accordingly.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Amendment of the Primary Industries and Energy Research and Development Act 1989","content":"## Part 3—Amendment of the Primary Industries and Energy Research and Development Act 1989","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Principal Act","content":"##### 13 Principal Act\n\n  In this Part, Principal Act means the Primary Industries and Energy Research and Development Act 1989.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Definitions","content":"##### 14 Definitions\n\n  Section 4 of the Principal Act is amended by inserting “or 30A(1)(a)” after “paragraph 30(1)(a)” in paragraph (a) of the definition of refund in subsection (1).","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Annual operational plans","content":"##### 15 Annual operational plans\n\n  Section 25 of the Principal Act is amended by inserting in subparagraph (2)(c)(iv) “or 30A” after “section 30”.","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Payments to R & D Corporations—general","content":"##### 16 Payments to R & D Corporations—general\n\n  Section 30 of the Principal Act is amended by adding at the end, the following subsection:\n  (5) This section does not apply in relation to an R & D Corporation established in respect of the fishing industry.","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"After section 30 of the Principal Act the following section is inserted:","content":"An Act to make provision consequent upon, or associated with, the enactment of the Fisheries Administration Act 1991, the Fisheries Management Act 1991 and other related legislation, and for other purposes\n\n## Part 1—Preliminary\n\n##### 1 Short title \\[see Note 1\\]\n\n  This Act may be cited as the Fisheries Legislation (Consequential Provisions) Act 1991.\n\n##### 2 Commencement \\[see Note 1\\]\n\n  (1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.\n  (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.\n  (3) If a provision mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.\n\n##### 3 Repeals\n\n  (1) The following Acts are repealed:\n\n(a) Continental Shelf (Living Natural Resources) Act 1968;\n\n(b) Fisheries Agreements (Payments) Act 1981.\n\n  (2) The Fisheries Act 1952, other than Part IVA, is repealed.\n\n##### 4 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> AFMA means the Australian Fisheries Management Authority.\n\n  \n\n## Part 2—Saving and Transitional Provisions\n\n##### 5 Saving—permits for scientific purposes\n\n  (1) Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, a permit granted to a person under section 6B of that Act that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it is revoked, as if the Fisheries Act 1952, other than Part IVA, had not been repealed and that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before the commencement of this section continue to apply in relation to the permit, the holder of the permit or a person acting on behalf of the holder of the permit to the extent that they are capable of so applying.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued application, of an instrument mentioned in that subsection.\n  (3) A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a permit continued in force under subsection (1).\n\n##### 6 Saving of licences\n\n  (1) Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, a licence granted to a person under section 9 of that Act that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it is surrendered or cancelled, as if the Fisheries Act 1952, other than Part IVA, had not been repealed and that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before the commencement of this section continue to apply in relation to the licence, the holder of the licence or a person acting on behalf of the holder of the licence to the extent that they are capable of so applying.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued application, of an instrument mentioned in that subsection.\n  (3) A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a licence continued in force under subsection (1).\n\n##### 7 Saving and transitional—arrangements etc. with States and Territories\n\n  (1) Despite the repeal of the Fisheries Act 1952, other than Part IVA, by this Act, that Act and instruments made or determined under that Act (including regulations, Proclamations, orders, plans of management or notices) as in force immediately before that repeal continue in force after that repeal to the extent necessary for the continuing operation of that Part.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation, under the Fisheries Act 1952 in its continued operation, of an instrument mentioned in that subsection or the making or determination of such an instrument under that Act in its continued operation.\n  (3) Part IVA of the Fisheries Act 1952, unless sooner repealed, ceases to have effect at the end of the period of 3 years beginning on the day on which this section commences.\n  (4) Upon the commencement of Part 5 of the Fisheries Management Act 1991:\n\n(a) the Northern Territory Fisheries Joint Authority and the Western Australian Fisheries Joint Authority established under section 12D of the Fisheries Act 1952 continue in existence as if they had been established under Part 5 of the Fisheries Management Act 1991; and\n\n(b) any arrangement made with a State or Territory under subsection 12H(1) or (4) of the Fisheries Act 1952 that was in force immediately before that commencement continues in force as if it had been made under Part 5 of the Fisheries Management Act 1991.\n\n##### 8 Officers\n\n  Without limiting the operation of section 5, 6 or 7, a person who, immediately before the repeal of the Fisheries Act 1952, other than Part IVA, was a person mentioned in paragraph (a) of the definition of officer in subsection 4(1) of that Act is taken, after the commencement of section 83 of the Fisheries Management Act 1991, to be an officer appointed under that section.\n\n##### 9 Saving—licences and permits under the Continental Shelf (Living Natural Resources) Act 1968\n\n  (1) Despite the repeal of the Continental Shelf (Living Natural Resources) Act 1968 by this Act, a prescribed concession that was in force immediately before the commencement of this section continues in force after that commencement until its date of expiry, or until it otherwise ceases to have effect, as if the Continental Shelf (Living Natural Resources) Act 1968 had not been repealed and that Act and instruments made or determined under that Act (including regulations or notices) as in force immediately before the commencement of this section continue to apply in relation to the prescribed concession, the holder of the concession or a person acting on behalf of the holder of the concession to the extent that they are capable of so applying.\n  (2) Nothing in subsection (1) prevents the repeal, rescission, revocation, amendment or variation under the Continental Shelf (Living Natural Resources) Act 1968 in its continued application, of an instrument mentioned in that subsection.\n  (3) A person is not guilty of an offence against the Fisheries Management Act 1991, or regulations under that Act, because of anything done by the person that is authorised by a prescribed concession continued in force under subsection (1).\n  (4) In this section:\n\n> prescribed concession means:\n\n(a) a licence granted to a person under section 13 of the Continental Shelf (Living Natural Resources) Act 1968; or\n\n(b) a permit granted to a person under section 23 of that Act.\n\n##### 10 Transitional arrangements—staff of AFMA\n\n  (1) A person who:\n\n(a) immediately before the commencement of the Fisheries Administration Act 1991 was employed under the Public Service Act 1922; and\n\n(b) from and including that commencement is employed by AFMA;\n\n  is taken, until AFMA determines otherwise, to be engaged on the same terms and conditions, and to be subject to the same industrial award, as in force from time to time, as applied to the person immediately before that commencement.\n  (2) Before making a determination under subsection 68(2) of the Fisheries Administration Act 1991 affecting persons mentioned in subsection (1), AFMA must consult fully with organisations representing such persons for industrial relations purposes.\n\n##### 11 Transfers of certain assets to AFMA\n\n  (1) The Minister may, after the commencement of the Fisheries Administration Act 1991, cause to be transferred to AFMA any assets held by the Commonwealth that the Minister considers appropriate to be transferred to AFMA for the performance of its functions and the exercise of its powers.\n  (2) Subsection (1) does not prevent the Commonwealth from transferring any asset to AFMA otherwise than under that subsection.\n  (3) Where, immediately before the transfer:\n\n(a) a right of the Commonwealth arising out of a debt, liability or obligation of any other person in favour of the Commonwealth existed in respect of the assets; or\n\n(b) a debt, liability or obligation of the Commonwealth existed in respect of the assets;\n\n  the right, debt, liability or obligation, as the case may be, of the Commonwealth is, by force of this section, transferred to AFMA.\n  (4) Where, immediately before the transfer:\n\n(a) proceedings by the Commonwealth were pending in a court; and\n\n(b) the proceedings related to such a debt, liability or obligation;\n\n  then, to the extent that the proceedings so relate, they may be continued by AFMA and AFMA is to be substituted for the Commonwealth.\n\n##### 12 Agreements etc.—Minister may make arrangements\n\n  (1) The Minister may, by writing signed by him or her, declare that a specified agreement or a specified instrument:\n\n(a) to which the Commonwealth or the Commonwealth Government is a party; and\n\n(b) that immediately before the commencement of the Fisheries Administration Act 1991 related to fisheries;\n\n  has effect, after that commencement, as if:\n\n(c) AFMA were substituted for the Commonwealth or the Commonwealth Government, as the case may be, as a party to the agreement or instrument; and\n\n(d) any reference in the agreement or instrument to the Commonwealth or the Commonwealth Government were (except in relation to matters that occurred before that commencement) a reference to AFMA;\n\n  and, where the Minister makes such a declaration, it has effect accordingly.\n\n  \n\n## Part 3—Amendment of the Primary Industries and Energy Research and Development Act 1989\n\n##### 13 Principal Act\n\n  In this Part, Principal Act means the Primary Industries and Energy Research and Development Act 1989.\n\n##### 14 Definitions\n\n  Section 4 of the Principal Act is amended by inserting “or 30A(1)(a)” after “paragraph 30(1)(a)” in paragraph (a) of the definition of refund in subsection (1).\n\n##### 15 Annual operational plans\n\n  Section 25 of the Principal Act is amended by inserting in subparagraph (2)(c)(iv) “or 30A” after “section 30”.\n\n##### 16 Payments to R & D Corporations—general\n\n  Section 30 of the Principal Act is amended by adding at the end, the following subsection:\n  (5) This section does not apply in relation to an R & D Corporation established in respect of the fishing industry.\n\n##### 17 After section 30 of the Principal Act the following section is inserted:\n\n##### 30A Payments to an R & D Corporation established in respect of the fishing industry\n\n  (1) There are to be paid to an R & D Corporation established in respect of the fishing industry amounts equal to:\n\n(a) where a levy is attached to the Corporation—the amounts from time to time received by the Commonwealth, under the Collection Act, as:\n\n(i) the research component of that levy; and\n\n(ii) amounts (if any) paid, on behalf of a person liable to pay that levy, by another person, in respect of the research component of that levy; and\n\n(iii) amounts of penalty for non‑payment of that levy, to the extent that the penalty is attributable to the non‑payment of the research component of that levy; and\n\n(b) amounts worked out under subsection (2).\n\n  (2) The amounts to be paid to the Corporation under paragraph (1)(b), during a particular financial year, are as follows:\n\n(a) an amount equal to 0.5% of total GVP for that year or, if the amount spent or required to be spent by the Corporation under section 33 (other than paragraph 33(1)(d)) for that financial year is less than 0.5% of that total GVP, an amount equal to that lesser amount;\n\n(b) where the amount so spent or required to be spent by the Corporation for that financial year is more than 0.5% of total GVP for that year:\n\n(i) if that amount is not less than 1% of that total GVP—an amount equal to 0.25% of Commonwealth GVP for that year; or\n\n(ii) if that amount is more than 0.5%, but less than 1%, of that total GVP—half of the amount equal to the percentage of Commonwealth GVP for that year by which the amount so required to be spent was more than 0.5% of that total GVP;\n\nreduced by the amount (if any) by which the amount worked out under subparagraph (i) or (ii) (as the case may be) exceeds the total of the amounts paid to the Corporation during the year under subparagraphs (1)(a)(i) and (ii) (less the sum of any refunds in relation to levies attached to the Corporation);\n\n(c) where the amount so spent or required to be spent by the Corporation for that financial year is more than 0.5% of total GVP for that year and a State or Territory has made a payment to the Corporation in respect of research and development in respect of the fishing industry:\n\n(i) if the amount so required to be spent by the Corporation is not less than 1% of that total GVP—an amount equal to 0.25% of that State or Territory GVP for that year; or\n\n(ii) if that amount is more than 0.5%, but less than 1%, of that total GVP—half of the amount equal to the percentage of that State or Territory GVP for that year by which the amount so required to be spent was more than 0.5% of that total GVP;\n\nreduced by the amount (if any) by which the amount worked out under subparagraph (i) or (ii) (as the case may be) exceeds the amount of the payment made by the State or Territory to the Commonwealth in respect of research and development in respect of the fishing industry.\n\n  (3) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (4) In this section:\n\n> Commonwealth GVP, in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the Commonwealth.\n\n> State or Territory GVP, in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the particular State or Territory.\n\n> total GVP, in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of all parts of the fishing industry, whether managed by or on behalf of the Commonwealth, a State or a Territory.\n\n  (5) The regulations may provide for the manner in which the Minister is to determine the amount of the Commonwealth GVP, a State or Territory GVP or a total GVP for a financial year.\n\n##### 18 Commonwealth to be paid levy expenses from R & D Corporations\n\n  Section 34 of the Principal Act is amended by inserting in paragraphs (a) and (b) “or 30A(1)(a)” after “paragraph 30(1)(a)”.\n\n##### 19 Payment of amounts of levy where levies redirected\n\n  Section 37 of the Principal Act is amended:\n\n(a) by inserting in paragraph (c) “or 30A(1)(a)” after “paragraph 30(1)(a)”;\n\n(b) by inserting in paragraph (f) “, 30A(1)(a)” after “paragraph 30(1)(a)”.\n\n##### 20 Payment of matching contributions where levies redirected\n\n  Section 38 of the Principal Act is amended by inserting in paragraphs (d) and (g) “or 30A (1)(b)” after “paragraph 30(1)(b)”.\n\n##### 21 Payment of amounts of levy where levies redirected\n\n  Section 116 of the Principal Act is amended by inserting in paragraphs (c) and (f) “, 30A(1)(a)” after “paragraph 30(1)(a)”.\n\n  \n\n## Part 4—Amendments of other Acts\n\n##### 22 Amendments of other Acts\n\n  The Acts specified in the Schedule are amended as set out in the Schedule.","sortOrder":19},{"sectionNumber":"30A","sectionType":"section","heading":"Payments to an R & D Corporation established in respect of the fishing industry","content":"##### 30A Payments to an R & D Corporation established in respect of the fishing industry\n\n  (1) There are to be paid to an R & D Corporation established in respect of the fishing industry amounts equal to:\n\n(a) where a levy is attached to the Corporation—the amounts from time to time received by the Commonwealth, under the Collection Act, as:\n\n(i) the research component of that levy; and\n\n(ii) amounts (if any) paid, on behalf of a person liable to pay that levy, by another person, in respect of the research component of that levy; and\n\n(iii) amounts of penalty for non‑payment of that levy, to the extent that the penalty is attributable to the non‑payment of the research component of that levy; and\n\n(b) amounts worked out under subsection (2).\n\n  (2) The amounts to be paid to the Corporation under paragraph (1)(b), during a particular financial year, are as follows:\n\n(a) an amount equal to 0.5% of total GVP for that year or, if the amount spent or required to be spent by the Corporation under section 33 (other than paragraph 33(1)(d)) for that financial year is less than 0.5% of that total GVP, an amount equal to that lesser amount;\n\n(b) where the amount so spent or required to be spent by the Corporation for that financial year is more than 0.5% of total GVP for that year:\n\n(i) if that amount is not less than 1% of that total GVP—an amount equal to 0.25% of Commonwealth GVP for that year; or\n\n(ii) if that amount is more than 0.5%, but less than 1%, of that total GVP—half of the amount equal to the percentage of Commonwealth GVP for that year by which the amount so required to be spent was more than 0.5% of that total GVP;\n\nreduced by the amount (if any) by which the amount worked out under subparagraph (i) or (ii) (as the case may be) exceeds the total of the amounts paid to the Corporation during the year under subparagraphs (1)(a)(i) and (ii) (less the sum of any refunds in relation to levies attached to the Corporation);\n\n(c) where the amount so spent or required to be spent by the Corporation for that financial year is more than 0.5% of total GVP for that year and a State or Territory has made a payment to the Corporation in respect of research and development in respect of the fishing industry:\n\n(i) if the amount so required to be spent by the Corporation is not less than 1% of that total GVP—an amount equal to 0.25% of that State or Territory GVP for that year; or\n\n(ii) if that amount is more than 0.5%, but less than 1%, of that total GVP—half of the amount equal to the percentage of that State or Territory GVP for that year by which the amount so required to be spent was more than 0.5% of that total GVP;\n\nreduced by the amount (if any) by which the amount worked out under subparagraph (i) or (ii) (as the case may be) exceeds the amount of the payment made by the State or Territory to the Commonwealth in respect of research and development in respect of the fishing industry.\n\n  (3) Amounts payable under subsection (1) are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.\n  (4) In this section:\n\n> Commonwealth GVP, in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the Commonwealth.\n\n> State or Territory GVP, in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of that part of the fishing industry that is managed by or on behalf of the particular State or Territory.\n\n> total GVP, in relation to a financial year, means the amount that the Minister determines to be the gross value of production for that financial year of the goods that are the produce of all parts of the fishing industry, whether managed by or on behalf of the Commonwealth, a State or a Territory.\n\n  (5) The regulations may provide for the manner in which the Minister is to determine the amount of the Commonwealth GVP, a State or Territory GVP or a total GVP for a financial year.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Commonwealth to be paid levy expenses from R & D Corporations","content":"##### 18 Commonwealth to be paid levy expenses from R & D Corporations\n\n  Section 34 of the Principal Act is amended by inserting in paragraphs (a) and (b) “or 30A(1)(a)” after “paragraph 30(1)(a)”.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Payment of amounts of levy where levies redirected","content":"##### 19 Payment of amounts of levy where levies redirected\n\n  Section 37 of the Principal Act is amended:\n\n(a) by inserting in paragraph (c) “or 30A(1)(a)” after “paragraph 30(1)(a)”;\n\n(b) by inserting in paragraph (f) “, 30A(1)(a)” after “paragraph 30(1)(a)”.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Payment of matching contributions where levies redirected","content":"##### 20 Payment of matching contributions where levies redirected\n\n  Section 38 of the Principal Act is amended by inserting in paragraphs (d) and (g) “or 30A (1)(b)” after “paragraph 30(1)(b)”.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Payment of amounts of levy where levies redirected","content":"##### 21 Payment of amounts of levy where levies redirected\n\n  Section 116 of the Principal Act is amended by inserting in paragraphs (c) and (f) “, 30A(1)(a)” after “paragraph 30(1)(a)”.","sortOrder":24},{"sectionNumber":"Part 4","sectionType":"part","heading":"Amendments of other Acts","content":"## Part 4—Amendments of other Acts","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Amendments of other Acts","content":"##### 22 Amendments of other Acts\n\n  The Acts specified in the Schedule are amended as set out in the Schedule.","sortOrder":26},{"sectionNumber":"Schedule—Amendments of other Acts","sectionType":"section","heading":"Schedule—Amendments of other Acts","content":"###### Schedule—Amendments of other Acts\n\nSection 22\n\nAntarctic Marine Living Resources Conservation Act 1981\n\nSubsection 3(1) (definition of Australian fishing zone):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nParagraph 12(d):\n\nInsert “, the Fisheries Management Act 1991” after “Whale Protection Act 1980”.\n\nCrimes at Sea Act 1979\n\nSubsection 3(1) (definition of Australian fishing zone):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nSubsection 3(1) (definition of fishing):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nSubparagraph 7(1)(a)(ii):\n\nInsert “or a foreign fishing licence or a port permit is in force under the Fisheries Management Act 1991” after “Fisheries Act 1952”.\n\nParagraph 7(1)(c):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Act 1952 or a foreign fishing licence or a port permit was in force in respect of the ship under the Fisheries Management Act 1991”.\n\nNavigation Act 1912\n\nSubsection 6(1) (definition of Australian fishing vessel):\n\nOmit the definition, substitute:\n\nAustralian fishing vessel means a fishing vessel that is registered, or entitled to be registered, in Australia or in relation to which an instrument under subsection 4(2) of the Fisheries Management Act 1991 is in force.\n\nRadiocommunications Act 1983\n\nSubsection 3(1) (paragraph (a) of the definition of Australian vessel):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nSea Installations Act 1987\n\nSubsection 4(1) (definition of Australian fishing zone):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nTorres Strait Fisheries Act 1984\n\nSubsection 3(1) (definition of Secretary):\n\nOmit the definition.\n\nSubsection 3(1):\n\nInsert the following definitions:\n\nAFMA means the Australian Fisheries Management Authority.\n\nChairperson means the Chairperson of AFMA.\n\nSubsection 9(6):\n\nOmit “Secretary”, substitute “Chairperson”.\n\nSubsection 9(7):\n\nOmit “holding, or performing the duties of, an office in the Department”, substitute “employed by AFMA”.\n\nSubparagraph 34(c)(ii):\n\nInsert “or the Fisheries Management Act 1991” after “Fisheries Act 1952”.\n\nSubsection 38(3):\n\nOmit “the person from time to time holding, or performing the duties of, a specified office in the Department”, substitute “a person employed by AFMA or the person from time to time holding, or performing the duties of,”.\n\nParagraph 42(2)(a):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nSubsection 50(1):\n\nInsert “or a foreign fishing licence granted under the Fisheries Management Act 1991” after “Fisheries Act 1952”.\n\nParagraph 55A(2)(b):\n\nOmit “Secretary”, substitute “Chairperson”.\n\nParagraph 60(m):\n\nOmit “Secretary”, substitute “Chairperson”.\n\nWhale Protection Act 1980\n\nSubsection 3(1) (definition of Australian fishing zone):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nSubsection 3(1) (paragraph (a) of the definition of Australian vessel):\n\nOmit “Fisheries Act 1952”, substitute “Fisheries Management Act 1991”.\n\nSubparagraph 17(c)(i):\n\nInsert “, the Fisheries Management Act 1991” after “Continental Shelf (Living Natural Resources) Act 1968”.","sortOrder":27}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the statutory architecture for Commonwealth fisheries law by repealing specified older Acts (section 3), preserving existing authorisations under the old Fisheries Act 1952 while moving the operative regulatory references to the Fisheries Management Act 1991 (sections 5–9, Schedule), concentrating administrative responsibilities and asset/contractual relationships in AFMA (sections 8, 10–12), and creating a dedicated funding mechanism for a fishing-industry R & D Corporation that combines levy-derived receipts and formulaic Crown payments from the Consolidated Revenue Fund (section 30A(1)–(3)). These changes shift who administers fisheries functions (towards AFMA), how research for the fishing industry is funded (levies plus potential Crown top-ups), and which statutes other Commonwealth Acts must reference for fisheries matters (Schedule)."},"complexity_factors":["Multiple cross-references and amendments across several Acts (Schedule) requiring coordinated statutory interpretation","Extensive saving and transitional provisions preserving old licences/permits while shifting to a new regulatory regime (sections 5–9)","Detailed financial formulas for R & D Corporation payments with multiple percentage thresholds and offsets tied to GVP measures (section 30A(2))","Administrative discretion concentrated in the Minister for asset transfers, substitution into agreements and GVP determinations (sections 11, 12, 30A(4))","Dual funding streams (levy-derived and Consolidated Revenue Fund top-ups) and interaction with the Collection Act (section 30A(1)–(3))","Timing/commencement mechanics (proclamation with six-month backstop) and a three-year sunset for Part IVA (section 2(2)–(3), 7(3))","Transitional employment arrangements involving AFMA and consultation obligations (section 10)","Interplay between saved instruments and new offence/regulatory regimes, requiring careful mapping for compliance (sections 5(3), 6(3), 9(3))"],"plain_english_summary":"What this Act does, mechanically\n\n- Repeals older fisheries Acts and moves their practical effects into new instruments. The Act repeals the Continental Shelf (Living Natural Resources) Act 1968 and the Fisheries Agreements (Payments) Act 1981, and repeals the Fisheries Act 1952 except for Part IVA (section 3).\n- Keeps existing permits, licences and some arrangements valid during the switch to the new regime. Permits and licences that existed under the repealed Fisheries Act 1952 continue in force until they expire, are revoked, surrendered or cancelled, and the old Act and instruments continue to apply to them to the extent possible (sections 5, 6). Preserved concessions under the Continental Shelf Act are treated the same way (section 9). A person acting under one of those preserved permits or licences will not commit an offence under the new Fisheries Management Act 1991 for actions authorised by the preserved instrument (sections 5(3), 6(3), 9(3)).\n- Creates transitional arrangements for staff, assets and institutional substitution. Staff who move from the former Public Service employment to AFMA (the Australian Fisheries Management Authority) keep their existing terms and conditions until AFMA determines otherwise, and AFMA must consult employee organisations before changing those conditions (section 10). The Minister may transfer Commonwealth assets to AFMA for AFMA to perform its functions (section 11). The Minister may also declare that specified Commonwealth agreements or instruments related to fisheries have effect after commencement as if AFMA were substituted for the Commonwealth (section 12). Individuals who were officers under the old Act are taken to be officers appointed under the new Fisheries Management Act once that Act’s appointment provision commences (section 8).\n- Establishes a specific funding route for a fishing-industry R & D Corporation. A new section (30A) inserted into the Primary Industries and Energy Research and Development Act 1989 sets out payments to an R & D Corporation established in respect of the fishing industry. Those payments include: (a) amounts received by the Commonwealth under the Collection Act that are the research component of any levy attached to the Corporation and related penalties or third‑party payments on behalf of levy‑payers; and (b) additional amounts worked out by reference to percentages of Gross Value of Production (GVP) measures for the Commonwealth, the relevant State or Territory, and the total fishing industry GVP (section 30A(1)–(2)). Payments under paragraph (1)(b) are appropriated from the Consolidated Revenue Fund (section 30A(3)). The Minister determines the Commonwealth, State/Territory and total GVP amounts for each financial year, and regulations can set how the Minister is to make those determinations (section 30A(4)–(5)).\n- Updates a range of other Acts to point to the new Fisheries Management Act 1991 and to AFMA. The Schedule amends multiple Acts so definitions and references that previously pointed to the Fisheries Act 1952 now point to the Fisheries Management Act 1991 or to AFMA (Schedule). Examples include the Antarctic Marine Living Resources Conservation Act 1981, Crimes at Sea Act 1979, Navigation Act 1912, Radiocommunications Act 1983, Sea Installations Act 1987, Torres Strait Fisheries Act 1984, and Whale Protection Act 1980.\n\nWhy the Act exists (official purpose-claim and mechanical effect)\n\n- The Act is presented as consequential and transitional: it makes the detailed, mechanical changes needed after enactment of the Fisheries Administration Act 1991, the Fisheries Management Act 1991 and related legislation. That is the stated purpose in the instrument’s title and in the text that inserts consequential provisions (see front matter and Part 3 amendments). Mechanically, it moves regulatory references from the repealed Acts to the new Acts, preserves existing legal authorisations during the changeover, heads off gaps in staff and asset arrangements, and creates a funding and levy-redirection mechanism for fishing-industry research (particularly via the new section 30A).\n\nHow this changes incentives, who pays, who decides, and practical trade-offs (source‑grounded)\n\n- Who pays and who benefits\n  - Industry levy payers: the research component of any levy attached to a fishing R & D Corporation is collected under the Collection Act and passed through to that Corporation (section 30A(1)(a)(i)–(ii)). Penalties attributable to the research component are also included (section 30A(1)(a)(iii)).\n  - Commonwealth taxpayers: additional calculated amounts (the non-levy part) are payable to the fishing R & D Corporation from the Consolidated Revenue Fund (section 30A(2)–(3)).\n  - Concentrated benefit: the R & D Corporation established for the fishing industry is the direct recipient of these dedicated payments (section 30A(1)–(2)).\n\n- Who decides\n  - The Minister has administrative discretion to transfer Commonwealth assets to AFMA (section 11(1)) and to declare that specified Commonwealth agreements or instruments will be treated as if AFMA were the Commonwealth party (section 12(1)).\n  - The Minister determines the Commonwealth, State/Territory and total GVP measures for the payment formulas (section 30A(4)), and regulations may prescribe how those determinations are made (section 30A(5)).\n  - AFMA determines staff terms after initial continuity and must consult employee organisations before changing terms under an AFMA determination (section 10(1)–(2)).\n\n- Compliance burden and transitional protection\n  - Existing permits and licences under the repealed Acts continue in force and continue to be governed by the old Act and instruments, to the extent they can apply, removing an immediate compliance gap (sections 5(1), 6(1), 9(1)).\n  - The Act explicitly protects persons from being guilty of offences under the new Fisheries Management Act 1991 for conduct authorised by those saved instruments (sections 5(3), 6(3), 9(3)).\n  - However, operators must adapt to references and obligations being shifted from the old Acts to the Fisheries Management Act 1991 and to AFMA as the administering authority (Schedule; sections 7(4), 8, 11–12). That practical shift changes which statutory instrument or regulator to engage with.\n\n- Financial and administrative trade‑offs\n  - The R & D Corporation will receive two distinct funding streams: direct levy research components (industry-sourced) and potential top‑up amounts calculated from GVP percentages and paid from consolidated revenue (sections 30A(1)–(3)). Those top‑up amounts are formulaic and can be reduced by amounts already paid under the levy stream (section 30A(2) reductions).\n  - The Commonwealth’s fiscal exposure is explicit: payments under the non-levy component are appropriated from the Consolidated Revenue Fund (section 30A(3)). The Act therefore creates a recurring potential public payment obligation contingent on the formulas in section 30A(2).\n  - The Minister’s power to determine GVP figures (section 30A(4)) concentrates an important administrative judgment in one office; regulations may control the method (section 30A(5)). That creates dependence on administrative measurement choices when calculating funding amounts.\n\n- Effects on private enterprise and market dynamics (source-grounded observations)\n  - Industry funding re‑routing: research funding for the fishing industry is channelled to an R & D Corporation and explicitly linked to levies collected from the industry and to formulaic Crown payments (section 30A). Firms that pay levies will see those research components flow to the Corporation; the Act does not itself change the levy-collection mechanism (that remains under the Collection Act) but changes where certain levy components are credited (section 30A(1)(a)).\n  - Contractual and ownership effects: the Minister may transfer Commonwealth assets to AFMA (section 11) and may declare AFMA substituted into pre-existing agreements (section 12). Those mechanics change the party with which private entities contract for certain fisheries-related matters; the Act provides the legal pathway for that substitution but does not itself alter the substantive terms of those agreements beyond substitution (section 12).\n  - Regulatory certainty during transition: saved licences and permits and explicit non-prosecution protections (sections 5(3), 6(3), 9(3)) reduce immediate enforcement risk for operators during the changeover, but operators will need to comply with the re-referenced rules under the Fisheries Management Act 1991 and with administrative decisions by AFMA and the Minister thereafter (Schedule and Parts 2–3).\n\nPractical implementation risks and timing\n\n- Commencement: most provisions commence by proclamation (section 2(2)); if not proclaimed within six months they automatically commence after that period (section 2(3)). This staged start creates a known window for implementation but also a hard auto‑commencement date if proclamations are not made.\n- Phase‑out: Part IVA of the Fisheries Act 1952 is preserved only for up to three years unless sooner repealed (section 7(3)), creating an explicit sunset for that part and a defined window for transition.\n- Administrative discretion: several important operational choices rest with the Minister (asset transfers, substitution into agreements, GVP determinations) or with AFMA (staff terms after transition). The formulas in section 30A are detailed and rely on measurement and administrative steps that the Minister and regulations can specify (sections 11, 12, 30A(2)–(5)).\n\nNet practical effect (mechanical summary)\n\n- The Act is a consequential, transitional package. It repeals certain old fisheries statutes, preserves existing licenses and permits for continuity, creates staff and asset transfer mechanics to AFMA, inserts a detailed funding route (and Crown top‑up formula) for a fishing-industry R & D Corporation, and updates cross‑references across other Commonwealth Acts so that the Fisheries Management Act 1991 and AFMA are the operative legal anchors for fisheries matters. The Act shifts administrative and funding arrangements in clearly defined ways: levy-collected research components go to the R & D Corporation (section 30A(1)(a)); additional payments may be made from consolidated revenue according to formulaic GVP-based rules (section 30A(2)–(3)); and Ministerial and AFMA decisions will be central to implementation (sections 11–12, 30A(4), 10(1)–(2))."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act does exactly what its long title says: it makes consequential (follow-on) provisions arising from the creation of AFMA and the new fisheries management framework. It repeals old Acts, saves existing rights, transfers staff and assets, and updates cross-references across related legislation. This is squarely within its stated purpose and there is no evidence of scope creep beyond the administrative and transitional function it was designed to perform."},"complexity_factors":["Operates across multiple interacting Acts simultaneously (at least 10 other Acts are amended)","Complex savings provisions (transitional rules) that require understanding both the repealed old law and the new law at the same time","The R&D funding formula in section 30A involves multi-tiered percentage calculations with conditional thresholds (0.5% and 1% of GVP) and offset mechanisms that are genuinely difficult to follow","Partial repeal of the Fisheries Act 1952 (Part IVA kept alive temporarily) creates a legally unusual split-repeal situation with time-limited continuation","Document appears to contain significant repetition/duplication suggesting a formatting or compilation error, adding to reader confusion","Multiple commencement dates and proclamation-based timing add complexity to determining when different provisions took effect","Jurisdictional complexity involving Commonwealth, States, and Territories across multiple fisheries management bodies"],"plain_english_summary":"## What This Law Does\n\nThis Act is essentially a **housekeeping law** — it was created to manage the transition when Australia completely overhauled how it regulates fishing in 1991. Think of it as the administrative bridge between the old system and the new one.\n\n### The Big Change\nIn 1991, Australia created the **Australian Fisheries Management Authority (AFMA)** — a new independent body to manage Commonwealth fisheries — and passed two major new Acts (the Fisheries Administration Act 1991 and the Fisheries Management Act 1991). This law cleans up everything that needed updating as a result.\n\n### What It Actually Does\n\n**1. Kills off old laws**\nIt repeals (cancels) three old Acts:\n- The *Fisheries Act 1952* (mostly — one part dealing with State/Territory arrangements was kept temporarily)\n- The *Continental Shelf (Living Natural Resources) Act 1968* (which governed fishing rights on the ocean floor beyond normal fishing zones)\n- The *Fisheries Agreements (Payments) Act 1981*\n\n**2. Protects existing permit and licence holders**\nIf you already held a fishing licence or scientific research permit under the old laws, this Act says: *don't panic* — your licence/permit stays valid until it expires or is cancelled. You won't accidentally become a criminal just because the old law was repealed.\n\n**3. Transitions government staff**\nPublic servants who were working in fisheries administration kept their existing pay, conditions and union awards when they moved across to work for the new AFMA body.\n\n**4. Transfers assets and contracts to AFMA**\nGovernment assets (like boats, equipment, offices) and existing agreements (like contracts and arrangements with foreign governments) could be transferred from the Commonwealth to AFMA. Any legal proceedings or debts carried over too.\n\n**5. Keeps State/Territory fishing arrangements running**\nExisting joint fisheries arrangements with States and Territories (like the NT and WA Fisheries Joint Authorities) continued operating under the new legal framework without interruption.\n\n**6. Updates a bunch of other laws**\nA large number of related Acts — including laws about Antarctica, whales, navigation, radio communications, and Torres Strait fisheries — had to have their references to the old *Fisheries Act 1952* updated to point to the new *Fisheries Management Act 1991*.\n\n**7. Deals with fishing industry research funding**\nIt creates a special funding formula for the fishing industry's Research & Development Corporation (the body that funds fishing industry research). The government's matching contribution to R&D is calculated based on percentages of the **gross value of production** (basically the total dollar value of fish caught) — separately for Commonwealth-managed and State/Territory-managed fishing.\n\n### Who Is Affected?\n- **Commercial fishers**: Your existing licences stayed valid during the transition\n- **Scientific researchers**: Your research permits stayed valid\n- **Former fisheries public servants**: Your pay and conditions were protected\n- **Fishing industry broadly**: A new funding formula for research investment applied\n- **Anyone dealing with related laws** (navigation, whale protection, etc.): Updated references changed which Act governed their activities"},"issue_detection":{"absurdities":[{"type":"other","section":"Section 17 (structural/drafting)","severity":"high","reasoning":"Section 17 of an amending act should contain only the text of the new section to be inserted (i.e., new section 30A of the Principal Act). Instead, the document reproduces the full text of the Fisheries Legislation (Consequential Provisions) Act 1991 itself — including its own short title, commencement, repeals, saving provisions, and all amendment sections — as if it were the content of the inserted section 30A. This is a fundamental structural absurdity: either the document is catastrophically mis-formatted, creating a self-referential loop where the Act appears to contain itself, or the drafting is so garbled as to be legally incomprehensible. A court or administrator attempting to apply section 17 would be unable to determine where the inserted section 30A ends and the amending Act's own provisions resume.","confidence":0.92,"description":"Section 17 purports to insert a new section 30A into the Principal Act, but the legislative text of this Act then reproduces the entire Act's content again from the beginning, including Parts 1–4 and all sections, embedded within what should be a simple amending provision. The Act appears to contain a complete duplicate of itself nested inside section 17."},{"type":"self_contradicting","section":"Section 30A(2)(c) / inserted s.30A(2)(c)","severity":"medium","reasoning":"The triggering condition (State pays the Corporation) and the reduction mechanism (State pays the Commonwealth) refer to distinct payment flows. A State could satisfy the trigger without making any payment to the Commonwealth, leaving the reduction formula with no operative amount. This creates an internally inconsistent payment mechanism where the Commonwealth's matching obligation is uncapped by any State contribution actually received by the Commonwealth.","confidence":0.75,"description":"Section 30A(2)(c) triggers Commonwealth matching payments when a State or Territory 'has made a payment to the Corporation,' but the reduction formula subtracts any excess over 'the amount of the payment made by the State or Territory to the Commonwealth.' These are two different things: a payment to the Corporation versus a payment to the Commonwealth. If a State pays the Corporation directly, there may be no payment to the Commonwealth at all, making the reduction formula inapplicable or resulting in a zero reduction — meaning the Commonwealth could be required to match a State contribution it never received."},{"type":"other","section":"Section 7(1) and 7(3)","severity":"low","reasoning":"Part IVA is excluded from the repeal in s.3(2), meaning it remains on the statute books. Section 7(3) then causes it to 'cease to have effect' — a different legal mechanism from repeal. This creates uncertainty: does Part IVA still technically exist as unrepealed legislation that has merely ceased to have effect? Could it be revived? The mechanism is unusual and legally ambiguous, though Australian drafting practice does occasionally use 'ceases to have effect' language.","confidence":0.65,"description":"Section 7(1) preserves Part IVA of the Fisheries Act 1952 and its instruments 'to the extent necessary for the continuing operation of that Part,' while section 7(3) provides that Part IVA 'ceases to have effect' after 3 years. However, section 3(2) repeals the Fisheries Act 1952 'other than Part IVA,' meaning Part IVA is never formally repealed by this Act — yet section 7(3) purports to cause it to cease to have effect by effluxion of time without a formal repeal mechanism, creating an ambiguous legal status for Part IVA after the 3-year period."},{"type":"other","section":"Section 8","severity":"low","reasoning":"The deeming in s.8 is contingent on a commencement event in a separate Act (the Fisheries Management Act 1991). The interaction between the commencement sequences of the two Acts could create a window where the transitional protection does not apply. Additionally, the saving clause 'without limiting ss.5, 6 or 7' is potentially misleading since s.8 deals with officers, which is a different subject matter from permits (s.5), licences (s.6), and State/Territory arrangements (s.7).","confidence":0.55,"description":"Section 8 operates 'without limiting the operation of section 5, 6 or 7' but then creates a deeming provision that takes effect only 'after the commencement of section 83 of the Fisheries Management Act 1991.' If section 83 of that Act commences before this section, there is a gap during which former officers have no status under either the old or new Act. If it commences after, the cross-reference to a provision in a separate Act creates a dependency that may never be satisfied if that provision is later amended or renumbered."},{"type":"other","section":"Sections 19 and 21 (both titled 'Payment of amounts of levy where levies redirected')","severity":"low","reasoning":"Identical headings for provisions with different operative effects is a drafting flaw that, while not logically contradictory, creates interpretive ambiguity and undermines the navigability of the legislation. A reader relying on headings alone could apply the wrong amending provision.","confidence":0.85,"description":"Sections 19 and 21 bear identical headings — 'Payment of amounts of levy where levies redirected' — yet amend different sections of the Principal Act (sections 37 and 116 respectively). This creates confusion about their distinct operative effects and may lead to misidentification of the applicable provision."}],"contradictions":[{"severity":"low","section_a":"Section 3(2)","section_b":"Section 7(1)","confidence":0.7,"description":"Section 3(2) repeals the Fisheries Act 1952 'other than Part IVA.' Section 7(1) then preserves 'that Act and instruments made or determined under that Act' in force after the repeal 'to the extent necessary for the continuing operation of that Part [IVA].' This means the repealed portions of the Fisheries Act 1952 are kept alive for the purpose of supporting a Part that was never repealed, creating a situation where a repealed Act continues to operate alongside its own un-repealed portion under two different legal bases simultaneously."},{"severity":"medium","section_a":"Section 5(1)","section_b":"Section 5(2)","confidence":0.72,"description":"Section 5(1) continues permits in force 'as if the Fisheries Act 1952, other than Part IVA, had not been repealed' and continues that Act and its instruments in application. Section 5(2) then allows instruments to be 'repealed, rescinded, revoked, amended or varied, under the Fisheries Act 1952 in its continued application.' This creates a logical tension: the Act is deemed not repealed for the purpose of the saving, yet can have its instruments modified under that fictional continued existence — but there is no administrator with authority under the (actually repealed) Act to exercise those modification powers, since AFMA's powers derive from the Fisheries Management Act 1991, not the Fisheries Act 1952. The same tension applies identically to sections 6(1)/(2) and 9(1)/(2)."},{"severity":"medium","section_a":"Section 6(1)","section_b":"Section 6(2)","confidence":0.72,"description":"Identical to the tension in sections 5(1)/(2): section 6(1) preserves licences under the fiction that the Fisheries Act 1952 was not repealed, while section 6(2) permits modification of instruments under that fictionally-continuing Act, without identifying who has authority to exercise those powers under the deemed-not-repealed Act."},{"severity":"medium","section_a":"Section 30A(2)(a)","section_b":"Section 30A(2)(b) and 30A(2)(c)","confidence":0.68,"description":"Section 30A(2)(a) provides for a baseline payment of 0.5% of total GVP (or the lesser amount actually spent). Sections 30A(2)(b) and (c) then provide for additional matching payments only where expenditure exceeds 0.5% of total GVP. However, section 30A(2)(b) reduces the additional Commonwealth payment by any amount by which the matching contribution exceeds the levy amounts received — but this reduction could theoretically drive the additional payment below zero, creating a notional negative payment with no mechanism for recovery or offset against the s.30A(2)(a) baseline amount. The formula does not address interaction between the three paragraphs."},{"severity":"medium","section_a":"Section 10(1)","section_b":"Section 10(2)","confidence":0.67,"description":"Section 10(1) preserves terms and conditions of transferred public servants 'until AFMA determines otherwise,' implying AFMA has unilateral power to change those terms. Section 10(2) requires AFMA to 'consult fully' with industrial organisations before making a determination under s.68(2) of the Fisheries Administration Act 1991 affecting those persons. However, s.10(1) refers to determinations by AFMA generally, while s.10(2) only mandates consultation for determinations under a specific subsection (s.68(2)) of a different Act. AFMA could potentially make a determination changing terms under a different power, bypassing the consultation requirement entirely — contradicting the apparent protective intent of s.10(2)."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act remains within its original scope as a purely consequential and transitional statute enacted to support the commencement of the Fisheries Management Act 1991, the Fisheries Administration Act 1991, and associated reforms without expanding into substantive regulatory territory."},"complexity_factors":["Multiple layered saving and transitional provisions (ss 5–9) that continue the application of repealed Acts in limited circumstances","Complex formulas in new s 30A of the Primary Industries and Energy Research and Development Act 1989 for calculating R&D payments based on total GVP, Commonwealth GVP, and State/Territory GVP with multiple thresholds (0.5%, 1%) and reduction mechanisms","Extensive cross-references to the Fisheries Management Act 1991, Fisheries Administration Act 1991, Public Service Act 1922, and eight other Acts amended in the Schedule","Conditional commencement rules (s 2) and partial repeal of the Fisheries Act 1952 (retaining Part IVA for three years)","Detailed asset transfer, liability transfer, and court substitution mechanisms in ss 11–12"],"plain_english_summary":"**This Act smooths the switch from old Australian fishing rules to a new system introduced in 1991.**\n\nIt cancels several outdated laws, including most of the Fisheries Act 1952, the Continental Shelf (Living Natural Resources) Act 1968, and the Fisheries Agreements (Payments) Act 1981. However, it includes special 'saving' rules so that existing scientific permits, fishing licences, and certain concessions remain valid until they expire. People using these old permits or licences are protected from being prosecuted under the new Fisheries Management Act 1991.\n\nThe law transfers staff, government assets, court cases, contracts, and agreements to the new Australian Fisheries Management Authority (AFMA – the government body that manages fisheries). It also updates funding rules for fishing industry research and development, creating a formula that pays extra government money to match industry levies based on the gross value of production (total value of fish caught and sold). Finally, it tweaks many other laws (like those on Antarctic marine life, crimes at sea, and whale protection) so they work with the new fisheries rules instead of the old ones.\n\nThis matters because without these transition rules, fishers, scientists, and government workers could face sudden legal gaps, cancelled permissions, or lost funding. It ensures the change to modern fisheries management happens without unnecessary disruption."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-legislation-consequential-provisions-act-1991","history":"/api/acts/fisheries-legislation-consequential-provisions-act-1991/history","analysis":"/api/acts/fisheries-legislation-consequential-provisions-act-1991/analysis","conflicts":"/api/acts/fisheries-legislation-consequential-provisions-act-1991/conflicts","importantCases":"/api/acts/fisheries-legislation-consequential-provisions-act-1991/important-cases","documents":"/api/acts/fisheries-legislation-consequential-provisions-act-1991/documents"}}