{"id":"F2021L01158","name":"Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021","slug":"macquarie-island-toothfish-fishery-fishing-year-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102045,"registerId":"commonwealth-F2021L01158-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\nThis instrument is the Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\nThis instrument commences on 15 April 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\nThis instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under section 3 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan).","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Cessation","content":"#### 4 Cessation\n\n  This instrument ceases on 14 April 2032.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\nA term used in this instrument that is defined for the purposes of the Plan has the same meaning in this instrument as it has in the Plan.\n\n> Note: Terms defined in the Fisheries Management Act 1991 have the same meanings in this instrument.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Determination of fishing year","content":"#### 1 Name\n\nThis instrument is the Macquarie Island Toothfish Fishery (Fishing Year) Determination 2021.\n\n#### 2 Commencement\n\nThis instrument commences on 15 April 2022.\n\n#### 3 Authority\n\nThis instrument is made pursuant to paragraph 17(6)(aa) of the Fisheries Management Act 1991 under section 3 of the Macquarie Island Toothfish Fishery Management Plan 2006 (the Plan).\n\n#### 4 Cessation\n\n  This instrument ceases on 14 April 2032.\n\n#### 5 Definitions\n\nA term used in this instrument that is defined for the purposes of the Plan has the same meaning in this instrument as it has in the Plan.\n\n> Note: Terms defined in the Fisheries Management Act 1991 have the same meanings in this instrument.\n\n#### 6 Determination of fishing year\n\n#### (1) The fishing year in the Macquarie Island Toothfish Fishery is:\n\n    (a) the period starting on 15 April 2022 and ending at the end of 14 April 2023; and\n    (b) Each subsequent period starting on 15 April in a year and ending on 14 April the following year.","sortOrder":5},{"sectionNumber":"(1) The fishing year in the Macquarie Is","sectionType":"section","heading":"(1) The fishing year in the Macquarie Island Toothfish Fishery is:","content":"#### (1) The fishing year in the Macquarie Island Toothfish Fishery is:\n\n    (a) the period starting on 15 April 2022 and ending at the end of 14 April 2023; and\n    (b) Each subsequent period starting on 15 April in a year and ending on 14 April the following year.","sortOrder":6}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, technical function it was designed for: setting the fishing year dates for a specific fishery. There is no evidence of scope creep or expansion beyond the original purpose."},"complexity_factors":["Extremely short: only 6 operative sections, with significant repetition in the provided text","No defined terms in the instrument itself — all definitions are imported by reference from the parent Management Plan and Act","Single, straightforward operative provision (section 6) with simple date arithmetic","No conditional logic, exceptions, or cross-references to other legislation beyond the standard authority and definitions clauses","No subordinate legislation or regulatory mechanisms created"],"plain_english_summary":"This instrument fixes the Macquarie Island toothfish fishing year as 15 April to 14 April each year (first running 15 Apr 2022–14 Apr 2023) for commercial Patagonian toothfish operations. It affects permit-holding fishers and AFMA by clarifying when quotas, seasons and permit periods apply.\n\nIt is made under Commonwealth fisheries law and the fishery management plan and automatically expires on 14 April 2032."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No material change to coverage or powers: the instrument simply specifies the annual fishing year (15 April–14 April) and instrument duration (15 Apr 2022–14 Apr 2032) and relies on existing Plan definitions and the Fisheries Management Act (ss 2,4,5,6,3). It does not add new regulatory authorities or expand who is regulated."},"complexity_factors":["Single substantive rule: defines only the annual fishing year dates and their repetition (s 6)","Fixed temporal scope: commencement and cessation dates set a 10‑year instrument life (ss 2,4)","Cross‑references to existing instruments and definitions require users to consult the Plan and the Fisheries Management Act for terms and broader obligations (ss 3,5)","No new regulatory powers or detailed operational rules — limited administrative impact and low discretion for implementers","Redundant/duplicated text in the instrument increases drafting clutter but not substantive complexity"],"plain_english_summary":"**What this does:** This instrument fixes the Macquarie Island Toothfish Fishery's annual fishing year as 15 April–14 April, starting 15 April 2022 and repeating each year thereafter; it commences on 15 April 2022 and ceases on 14 April 2032 (ss 2,4,6).\n\nIt applies to participants regulated by the Macquarie Island Toothfish Fishery Management Plan — licence‑holders, fishers and regulators — by defining the compliance and management year; the determination is made under paragraph 17(6)(aa) of the Fisheries Management Act 1991 and relies on Plan definitions (ss 3,5)."}},"importantCases":[],"_links":{"self":"/api/acts/macquarie-island-toothfish-fishery-fishing-year-determination-2021","history":"/api/acts/macquarie-island-toothfish-fishery-fishing-year-determination-2021/history","analysis":"/api/acts/macquarie-island-toothfish-fishery-fishing-year-determination-2021/analysis","conflicts":"/api/acts/macquarie-island-toothfish-fishery-fishing-year-determination-2021/conflicts","importantCases":"/api/acts/macquarie-island-toothfish-fishery-fishing-year-determination-2021/important-cases","documents":"/api/acts/macquarie-island-toothfish-fishery-fishing-year-determination-2021/documents"}}