{"id":"F2018L01309","name":"Fisheries Management (Fish Receiver Permits) Declaration 2018","slug":"fisheries-management-fish-receiver-permits-declaration-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98001,"registerId":"commonwealth-F2018L01309-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Fisheries Management (Fish Receiver Permits) Declaration 2018.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences the day after registration on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 91 of the Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 4 of the Act, including the following:\n\n    (a) fishery;\n    (b) fishing permit.\n  In this instrument:\n\n> Act means the Fisheries Management Act 1991.\n\n> Coral Sea Fishery means the fishery in the area described in Part 2 of Schedule 1A of the Regulations for which fishing permits have been granted under section 32 of the Act.\n\n> Eastern Tuna and Billfish Fishery means the fishery described as the area of the fishery in Schedule 1 of the Eastern Tuna and Billfish Management Plan 2010.\n\n> Norfolk Island Offshore Demersal Finfish Fishery means the fishery in the area described in Part 5A of Schedule 1A of the Regulations for which fishing permits have been granted under section 32 of the Act.\n\n> Regulations means the Fisheries Management Regulations 1992.\n\n> Small Pelagic Fishery means the fishery described as the sub-areas of the fishery in Schedule 1 of the Small Pelagic Fishery Management Plan 2009.\n\n> Southern and Eastern Scalefish and Shark Fishery means the fishery described as the area of the fishery in Part 1 of Schedule 1 of the Southern and Eastern Scalefish and Shark Management Plan 2003.\n\n> Southern Bluefin Tuna Fishery means the fishery described as the SBT Fishery in section 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.\n\n> Western Tuna and Billfish Fishery means the fishery described as the area of the fishery for an Australian boat in section 3 of the Western Tuna and Billfish Fishery Management Plan 2005.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Declaration of fisheries to which Division 2 of Part 6 of the Act applies","content":"#### 6 Declaration of fisheries to which Division 2 of Part 6 of the Act applies\n\n  (1) It is declared that Division 2 of Part 6 of the Act applies to the fisheries listed by subsection (2).\n  (2) This subsection lists the following fisheries:\n    (a) the Coral Sea Fishery; and\n    (b) the Eastern Tuna and Billfish Fishery; and\n    (c) the Norfolk Island Offshore Demersal Finfish Fishery; and\n    (d) the Small Pelagic Fishery; and\n    (e) the Southern and Eastern Scalefish and Shark Fishery; and\n    (f) the Southern Bluefin Tuna Fishery; and\n    (g) the Western Tuna and Billfish Fishery.\n\n  \n\nSchedule 1—Repeals\n\nFish Receiver Permits Declaration 2017\n\n1 The whole of the instrument\n\nRepeal the instrument","sortOrder":5}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the Fish Receiver Permits Declaration 2017 (Schedule 1) and re-declares that Division 2 of Part 6 of the Act applies to the seven listed fisheries (s6 and Schedule 1). The instrument therefore replaces the earlier declaration; whether the set of fisheries or substantive scope differs from the 2017 instrument cannot be determined from this instrument alone without comparing the prior text."},"complexity_factors":["Short, focused instrument with only commencement, authority, definitions, declaration and a repeal (ss2–6; Schedule 1) — low textual complexity.","Substantive effect depends on Division 2 of Part 6 of the Fisheries Management Act 1991 (s6) — requires cross-reading the Act to know actual permit duties and penalties.","Multiple fisheries are defined by reference to external management plans and the Regulations (s4) — requires consulting other instruments to map geographic and regulatory scope.","Repeal of the 2017 declaration in full (Schedule 1) — assessing change requires comparing this instrument to the prior instrument.","Administrative and compliance effects on private operators are implied but not detailed here (s6) — practical impact depends on implementation of Division 2 and administrative practice."],"plain_english_summary":"**What it does:** Declares that Division 2 of Part 6 of the Fisheries Management Act 1991 applies to seven named Commonwealth fisheries and repeals the Fish Receiver Permits Declaration 2017. It commences the day after registration (s2) and is made under s91 of the Act (s3).\n\n**Who it affects:** Operators who receive fish in the listed fisheries may become subject to the fish‑receiver permit regime, creating permit, reporting and compliance costs; the Commonwealth sets the scope by this declaration (s6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly its intended function: declaring which fisheries are subject to fish receiver permit requirements. It does not expand beyond this purpose and maintains the same scope as its predecessor instrument (the 2017 Declaration), merely updating the reference year."},"complexity_factors":["Very short instrument (approximately 1.5 pages)","Only 8 defined terms, all straightforward fishery names or references to parent legislation","Single operative provision (section 6) with simple declaratory function","No conditional logic, exceptions, or nested provisions","Minimal cross-referencing limited to pointing to definitions in the parent Act and Regulations","Structure follows standard legislative instrument template (name, commencement, authority, definitions, schedules)"],"plain_english_summary":"This declaration switches on Division 2 of Part 6 of the Fisheries Management Act 1991 to require fish receiver permits for seven Commonwealth fisheries (the listed tuna, demersal, pelagic and scalefish/shark fisheries). It affects commercial fishers, anyone taking delivery of catch from boats (processors, wholesalers, markets) and fisheries managers.\n\nThe permits provide a chain-of-custody to ensure catches are legal, reported and sustainable, and repeal the 2017 declaration."}},"importantCases":[],"_links":{"self":"/api/acts/fisheries-management-fish-receiver-permits-declaration-2018","history":"/api/acts/fisheries-management-fish-receiver-permits-declaration-2018/history","analysis":"/api/acts/fisheries-management-fish-receiver-permits-declaration-2018/analysis","conflicts":"/api/acts/fisheries-management-fish-receiver-permits-declaration-2018/conflicts","importantCases":"/api/acts/fisheries-management-fish-receiver-permits-declaration-2018/important-cases","documents":"/api/acts/fisheries-management-fish-receiver-permits-declaration-2018/documents"}}