{"id":"F1997B01836","name":"Torres Strait Fisheries Regulations 1985","slug":"torres-strait-fisheries-regulations-1985","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"9 of 1985","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29416,"registerId":"commonwealth-F1997B01836-current","compilationNumber":null,"startDate":"2026-04-01","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":"Name of regulations","content":"#### 1 Name of regulations\n\n  These regulations are the Torres Strait Fisheries Regulations 1985.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"#### 2 Interpretation\n\n  (1) In these regulations, unless the contrary intention appears:\n\n> 1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.\n\n> 5 year licence means a licence other than a 1 year licence.\n\n> licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.\n\n> Protected Zone Joint Authority has the same meaning as in Part V of the Act.\n\n> the Act means the Torres Strait Fisheries Act 1984.\n\n  (2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulation of fishing","content":"## Part 2—Regulation of fishing","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Prescribed manner of publication","content":"#### 3 Prescribed manner of publication\n\n  The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Prescribed manner of broadcast","content":"#### 4 Prescribed manner of broadcast\n\n  The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.","sortOrder":5},{"sectionNumber":"4A","sectionType":"section","heading":"Terms of licences","content":"#### 4A Terms of licences\n\n  For subsections 23(1) and (2) of the Act, the period of 5 years is specified for:\n    (a) each licence granted under subsection 19(1) of the Act; and\n    (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Payment of licence fee","content":"#### 5 Payment of licence fee\n\n  A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Licence and other fees","content":"#### 6 Licence and other fees\n\n  (1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item.\n  (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Distinguishing number","content":"#### 7 Distinguishing number\n\n  (1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ .\n  (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ .\n  (3) If:\n    (a) a boat in respect of which a licence under section 19 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3;\n    (b) a boat in respect of which an endorsement under section 20 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or\n    (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed;\n  the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding:\n    (d) in the case of a natural person—20 penalty units; or\n    (e) in the case of a body corporate—100 penalty units.\n  (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Requirements of orders to be complied with","content":"#### 8 Requirements of orders to be complied with\n\n  (1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals.\n  (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units.\n  (2A) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with.\n  (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Identity cards","content":"#### 9 Identity cards\n\n  (1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.\n  (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.\n\nPenalty: 1 penalty unit.\n\n  (3) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Publication of log‑books","content":"#### 10 Publication of log‑books\n\n  (1) Where the Minister is satisfied that information:\n    (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or\n    (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;\n  is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations.\n  (2) Each form of log‑book shall be appropriate to:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book.\n  (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include:\n    (a) the following particulars of the person in charge of taking or processing fish by means of the boat:\n    (i) the person’s name;\n    (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and\n    (iii) the duration of experience of the master in the method of fishing carried on by means of a boat;\n    (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;\n    (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;\n    (d) particulars of the fish taken by means of the boat;\n    (e) particulars of circumstances related to the taking of fish by means of the boat; and\n    (f) particulars of the sale or disposal of fish taken by means of the boat.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Powers of Minister","content":"#### 11 Powers of Minister\n\n  (1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat:\n    (d) engaged in taking in that area of waters fish included in that class of fish; or\n    (e) engaged in an activity related to taking in that area of waters fish included in that class of fish.\n  (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book:\n    (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and\n    (b) the places where copies of the form of log‑book can be obtained during ordinary business hours.\n  (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book.\n  (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book.\n  (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book.\n  (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book.\n  (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published.\n  (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations.\n  (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Offences in relation to log‑books","content":"#### 12 Offences in relation to log‑books\n\n  (1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book.\n  (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.\n  (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (6) An offence under subregulation (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Secrecy","content":"#### 13 Secrecy\n\n  (1) A person must not, either directly or indirectly:\n    (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or\n    (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.\n\nPenalty: 5 penalty units.\n\n  (1A) An offence under subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Short methods of reference","content":"#### 14 Short methods of reference\n\n  (1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item.\n  (2) In Schedule 2, unless the contrary intention appears:\n\n> Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.\n\n> Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.","sortOrder":16},{"sectionNumber":"Part 3","sectionType":"part","heading":"Detention of suspected illegal foreign fishers etc","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Torres Strait Fisheries Regulations 1985.\n\n#### 2 Interpretation\n\n  (1) In these regulations, unless the contrary intention appears:\n\n> 1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.\n\n> 5 year licence means a licence other than a 1 year licence.\n\n> licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.\n\n> Protected Zone Joint Authority has the same meaning as in Part V of the Act.\n\n> the Act means the Torres Strait Fisheries Act 1984.\n\n  (2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).\n\n## Part 2—Regulation of fishing\n\n#### 3 Prescribed manner of publication\n\n  The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.\n\n#### 4 Prescribed manner of broadcast\n\n  The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.\n\n#### 4A Terms of licences\n\n  For subsections 23(1) and (2) of the Act, the period of 5 years is specified for:\n    (a) each licence granted under subsection 19(1) of the Act; and\n    (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.\n\n#### 5 Payment of licence fee\n\n  A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.\n\n#### 6 Licence and other fees\n\n  (1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item.\n  (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.\n\n#### 7 Distinguishing number\n\n  (1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ .\n  (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ .\n  (3) If:\n    (a) a boat in respect of which a licence under section 19 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3;\n    (b) a boat in respect of which an endorsement under section 20 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or\n    (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed;\n  the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding:\n    (d) in the case of a natural person—20 penalty units; or\n    (e) in the case of a body corporate—100 penalty units.\n  (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Requirements of orders to be complied with\n\n  (1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals.\n  (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units.\n  (2A) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with.\n  (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.\n\n#### 9 Identity cards\n\n  (1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.\n  (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.\n\nPenalty: 1 penalty unit.\n\n  (3) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 10 Publication of log‑books\n\n  (1) Where the Minister is satisfied that information:\n    (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or\n    (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;\n  is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations.\n  (2) Each form of log‑book shall be appropriate to:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book.\n  (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include:\n    (a) the following particulars of the person in charge of taking or processing fish by means of the boat:\n    (i) the person’s name;\n    (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and\n    (iii) the duration of experience of the master in the method of fishing carried on by means of a boat;\n    (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;\n    (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;\n    (d) particulars of the fish taken by means of the boat;\n    (e) particulars of circumstances related to the taking of fish by means of the boat; and\n    (f) particulars of the sale or disposal of fish taken by means of the boat.\n\n#### 11 Powers of Minister\n\n  (1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat:\n    (d) engaged in taking in that area of waters fish included in that class of fish; or\n    (e) engaged in an activity related to taking in that area of waters fish included in that class of fish.\n  (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book:\n    (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and\n    (b) the places where copies of the form of log‑book can be obtained during ordinary business hours.\n  (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book.\n  (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book.\n  (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book.\n  (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book.\n  (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published.\n  (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations.\n  (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.\n\n#### 12 Offences in relation to log‑books\n\n  (1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book.\n  (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.\n  (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (6) An offence under subregulation (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 13 Secrecy\n\n  (1) A person must not, either directly or indirectly:\n    (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or\n    (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.\n\nPenalty: 5 penalty units.\n\n  (1A) An offence under subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.\n\n#### 14 Short methods of reference\n\n  (1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item.\n  (2) In Schedule 2, unless the contrary intention appears:\n\n> Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.\n\n> Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.\n\n## Part 3—Detention of suspected illegal foreign fishers etc\n\n### Division 1—Training for officers\n\n#### 15 Training for officers and detention officers\n\n  For subclause 6(1) of Schedule 2 to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:\n    (a) conducting searches;\n    (b) maintaining the health, safety and welfare of detainees;\n    (c) controlling persons by the use of empty‑hand techniques;\n    (d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984.\n\n### Division 2—Identifying detainees\n\n#### 16 Personal identifiers\n\n  For paragraph 26(1)(g) of Schedule 2 to the Act, the personal identifiers are as follows:\n    (a) a sample of a person’s handwriting;\n    (b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the person’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:\n\n    (a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (b) the taking of a sample of blood;\n    (c) the taking of a sample of saliva, or a sample by buccal swab;\n    (d) the taking of a sample of pubic hair;\n    (e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (g) the taking of a dental impression;\n    (h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.\n\n#### 17 Personal identifiers detainees must provide\n\n  For paragraph 28(2)(e) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (b) an iris scan of the detainee’s eyes;\n    (c) a sample of the detainee’s handwriting;\n    (d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the detainee’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 18 Personal identifiers officers must require non‑citizens to provide by way of identification tests\n\n  For paragraph 29(1)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of the non‑citizen’s height and weight;\n    (c) a photograph or other image of the non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of the non‑citizen’s eyes;\n    (f) the non‑citizen’s signature;\n    (g) a sample of the non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the non‑citizen’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 19 Information to be provided before carrying out identification tests\n\n  (1) For paragraph 30(1)(b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:\n    (a) the reason why a personal identifier is required to be provided; and\n    (b) how a personal identifier may be collected; and\n    (c) how any personal identifier that is collected may be used; and\n    (d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.\n\n> Note: See Division 3 of Part 5 of Schedule 2 to the Act in relation to the identification of minors and incapable persons.\n\n  (2) Also, the authorised officer must inform the non‑citizen:\n    (a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and\n    (b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and\n    (c) that:\n    (i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and\n    (ii) the non‑citizen has a right, under that Act, to seek:\n    (A) access to that information or those documents; and\n    (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.\n  (3) For subclause 30(3) of Schedule 2 of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.\n\n#### 20 Authorising access to video recordings—limitations\n\n  For subclause 41(3) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 21 Providing video recordings—permitted provision\n\n  (1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 to the Act.\n  (2) The provision of a video recording to the Australian Human Rights Commission is a permitted provision of the recording if the provision is for the purpose of the Commission inquiring into the operation of provisions of the Act relating to carrying out an identification test.\n\n#### 22 Providing video recordings—limitations\n\n  For paragraph 42(3)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n### Division 3—Disclosure of identifying information\n\n#### 23 Authorising access to identifying information\n\n  For subclause 52(3) of Schedule 2 of the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 24 Authorising disclosure of identifying information\n\n  For subclause 54(1) of Schedule 2 to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:\n    (a) the Department of Foreign Affairs and Trade;\n    (b) the Department administered by the Minister administering Part XII of the Customs Act 1901.\n\n#### 25 Disclosure of identifying information to Australian bodies\n\n  For paragraph 54(1)(d) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under subclause 54(1) of that Schedule to any of the bodies mentioned in the following table:\n\n| Item | Name of body                                                                 |\n| ---- | ---------------------------------------------------------------------------- |\n| 1    | Attorney‑General’s Department                                                |\n| 2    | Australian Crime Commission                                                  |\n| 4    | Australian Federal Police                                                    |\n| 6    | Australian Securities and Investments Commission                             |\n| 7    | Australian Security Intelligence Organisation                                |\n| 8    | Australian Taxation Office                                                   |\n| 9    | Australian Transaction Reports and Analysis Centre (AUSTRAC)                 |\n| 10   | CrimTrac                                                                     |\n| 11   | Department of Agriculture, Fisheries and Forestry                            |\n| 12   | Department of Defence                                                        |\n| 13   | Department of Foreign Affairs and Trade                                      |\n| 14   | Department of Health                                                         |\n| 15   | Department of Immigration, Multicultural and Indigenous Affairs              |\n| 16   | New South Wales Department of Primary Industries                             |\n| 17   | New South Wales Office of Director of Public Prosecutions                    |\n| 18   | New South Wales Police Service                                               |\n| 19   | Office of Director of Public Prosecutions, Victoria                          |\n| 20   | Victorian Department of Justice                                              |\n| 21   | Victorian Department of Primary Industries                                   |\n| 22   | Victorian Police                                                             |\n| 23   | Queensland Department of Primary Industries and Fisheries                    |\n| 24   | Queensland Office of Director of Public Prosecutions                         |\n| 25   | Queensland Police Service                                                    |\n| 26   | Office of Director of Public Prosecutions for Western Australia              |\n| 27   | Western Australian Department of Fisheries                                   |\n| 28   | Western Australian Department of Justice                                     |\n| 29   | Western Australian Police Service                                            |\n| 30   | South Australian Department of Primary Industries and Resources              |\n| 31   | South Australian Office of Director of Public Prosecutions                   |\n| 32   | South Australian Police                                                      |\n| 33   | Tasmanian Department of Primary Industries                                   |\n| 34   | Tasmanian Office of the Director of Public Prosecutions                      |\n| 35   | Tasmanian Police                                                             |\n| 36   | Northern Territory Department of Business, Industry and Resource Development |\n| 37   | Northern Territory Office of Director of Public Prosecutions                 |\n| 38   | Northern Territory Police                                                    |\n\n#### 26 Disclosure of identifying information to international organisations\n\n  For paragraph 54(1)(e) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under clause 54 of that Schedule to any of the following organisations:\n    (a) Interpol;\n    (b) the United Nations;\n    (c) any of the Intergovernmental Organisations known as Regional Fisheries Bodies mentioned in the following table:\n\n| Item | Name of Intergovernmental Organisation                                        |\n| ---- | ----------------------------------------------------------------------------- |\n| 1    | Advisory Committee on Fishery Research (ACFR)                                 |\n| 2    | Asia‑Pacific Fishery Commission (APFIC)                                       |\n| 3    | Atlantic Africa Fisheries Conference (AAFC)                                   |\n| 4    | Bay of Bengal Programme (BOBP‑IGO)                                            |\n| 5    | Comisión de Pesca Continental Para America Latina (COPESCAL)                  |\n| 6    | Comisión Interamericana del Atún Tropical (CIAT)                              |\n| 7    | Comisión Permanente del Pacifico Sur (CPPS)                                   |\n| 8    | Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) |\n| 9    | Commission for the Conservation of Southern Bluefin Tuna (CCSBT)              |\n| 10   | Committee for Inland Fisheries of Africa (CIFA)                               |\n| 11   | Coordinating Working Party on Fisheries Statistics (CWP)                      |\n| 12   | Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)                |\n| 13   | European Inland Fisheries Advisory Commission (EIFAC)                         |\n| 14   | Fishery Committee for the Eastern Central Atlantic (CECAF)                    |\n| 15   | Forum Fisheries Agency (FFA)                                                  |\n| 16   | General Fisheries Commission for the Mediterranean (GFCM)                     |\n| 17   | Indian Ocean Tuna Commission (IOTC)                                           |\n| 18   | Inter‑American Tropical Tuna Commission (IATTC)                               |\n| 19   | International Baltic Sea Fishery Commission (IBSFC)                           |\n| 20   | International Commission for the Conservation of Atlantic Tunas (ICCAT)       |\n| 21   | International Council for Exploration of the Sea (ICES)                       |\n| 22   | International Pacific Halibut Commission (IPHC)                               |\n| 23   | International Whaling Commission (IWC)                                        |\n| 24   | La Commission Sous‑Régionale des Pêches (CSRP)                                |\n| 25   | Lake Victoria Fisheries Organization (LVFO)                                   |\n| 26   | Latin American Fisheries Development Organization (OLDEPESCA)                 |\n| 27   | Marine Mammal Commission (MMC)                                                |\n| 28   | Mekong River Commission (MRC)                                                 |\n| 29   | Network of the Aquaculture Centres in Asia‑Pacific (NACA)                     |\n| 30   | North Atlantic Fisheries Organisation (NAFO)                                  |\n| 31   | North Atlantic Salmon Conservation Organization (NASCO)                       |\n| 32   | North East Atlantic Fisheries Commission (NEAFC)                              |\n| 33   | North Pacific Anadromous Fish Commission (NPAFC)                              |\n| 34   | North Pacific Marine Science Organisation (PICES)                             |\n| 35   | Northwest Atlantic Fisheries Organization (NAFO)                              |\n| 36   | Pacific Salmon Commission (PSC)                                               |\n| 37   | Regional Commission for Fisheries (RECOFI)                                    |\n| 38   | Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS)     |\n| 39   | Regional Fisheries Committee for the Gulf of Guinea (COREP)                   |\n| 40   | Secretariat of the Pacific Community (SPC)                                    |\n| 41   | Southeast Asian Fisheries Development Center (SEAFDEC)                        |\n| 42   | South East Atlantic Fisheries Organisation (SEAFO)                            |\n| 43   | Southwest Indian Ocean Fisheries Commission (SWIOFC)                          |\n| 44   | Western and Central Pacific Fisheries Commission (WCPFC)                      |\n| 45   | Western Central Atlantic Fishery Commission (WECAFC)                          |\n| 46   | Western Indian Ocean Tuna Organization (WIOTO)                                |","sortOrder":17},{"sectionNumber":"Division 1","sectionType":"division","heading":"Training for officers","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Torres Strait Fisheries Regulations 1985.\n\n#### 2 Interpretation\n\n  (1) In these regulations, unless the contrary intention appears:\n\n> 1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.\n\n> 5 year licence means a licence other than a 1 year licence.\n\n> licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.\n\n> Protected Zone Joint Authority has the same meaning as in Part V of the Act.\n\n> the Act means the Torres Strait Fisheries Act 1984.\n\n  (2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).\n\n## Part 2—Regulation of fishing\n\n#### 3 Prescribed manner of publication\n\n  The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.\n\n#### 4 Prescribed manner of broadcast\n\n  The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.\n\n#### 4A Terms of licences\n\n  For subsections 23(1) and (2) of the Act, the period of 5 years is specified for:\n    (a) each licence granted under subsection 19(1) of the Act; and\n    (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.\n\n#### 5 Payment of licence fee\n\n  A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.\n\n#### 6 Licence and other fees\n\n  (1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item.\n  (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.\n\n#### 7 Distinguishing number\n\n  (1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ .\n  (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ .\n  (3) If:\n    (a) a boat in respect of which a licence under section 19 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3;\n    (b) a boat in respect of which an endorsement under section 20 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or\n    (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed;\n  the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding:\n    (d) in the case of a natural person—20 penalty units; or\n    (e) in the case of a body corporate—100 penalty units.\n  (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Requirements of orders to be complied with\n\n  (1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals.\n  (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units.\n  (2A) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with.\n  (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.\n\n#### 9 Identity cards\n\n  (1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.\n  (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.\n\nPenalty: 1 penalty unit.\n\n  (3) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 10 Publication of log‑books\n\n  (1) Where the Minister is satisfied that information:\n    (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or\n    (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;\n  is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations.\n  (2) Each form of log‑book shall be appropriate to:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book.\n  (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include:\n    (a) the following particulars of the person in charge of taking or processing fish by means of the boat:\n    (i) the person’s name;\n    (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and\n    (iii) the duration of experience of the master in the method of fishing carried on by means of a boat;\n    (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;\n    (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;\n    (d) particulars of the fish taken by means of the boat;\n    (e) particulars of circumstances related to the taking of fish by means of the boat; and\n    (f) particulars of the sale or disposal of fish taken by means of the boat.\n\n#### 11 Powers of Minister\n\n  (1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat:\n    (d) engaged in taking in that area of waters fish included in that class of fish; or\n    (e) engaged in an activity related to taking in that area of waters fish included in that class of fish.\n  (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book:\n    (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and\n    (b) the places where copies of the form of log‑book can be obtained during ordinary business hours.\n  (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book.\n  (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book.\n  (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book.\n  (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book.\n  (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published.\n  (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations.\n  (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.\n\n#### 12 Offences in relation to log‑books\n\n  (1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book.\n  (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.\n  (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (6) An offence under subregulation (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 13 Secrecy\n\n  (1) A person must not, either directly or indirectly:\n    (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or\n    (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.\n\nPenalty: 5 penalty units.\n\n  (1A) An offence under subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.\n\n#### 14 Short methods of reference\n\n  (1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item.\n  (2) In Schedule 2, unless the contrary intention appears:\n\n> Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.\n\n> Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.\n\n## Part 3—Detention of suspected illegal foreign fishers etc\n\n### Division 1—Training for officers\n\n#### 15 Training for officers and detention officers\n\n  For subclause 6(1) of Schedule 2 to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:\n    (a) conducting searches;\n    (b) maintaining the health, safety and welfare of detainees;\n    (c) controlling persons by the use of empty‑hand techniques;\n    (d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984.\n\n### Division 2—Identifying detainees\n\n#### 16 Personal identifiers\n\n  For paragraph 26(1)(g) of Schedule 2 to the Act, the personal identifiers are as follows:\n    (a) a sample of a person’s handwriting;\n    (b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the person’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:\n\n    (a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (b) the taking of a sample of blood;\n    (c) the taking of a sample of saliva, or a sample by buccal swab;\n    (d) the taking of a sample of pubic hair;\n    (e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (g) the taking of a dental impression;\n    (h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.\n\n#### 17 Personal identifiers detainees must provide\n\n  For paragraph 28(2)(e) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (b) an iris scan of the detainee’s eyes;\n    (c) a sample of the detainee’s handwriting;\n    (d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the detainee’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 18 Personal identifiers officers must require non‑citizens to provide by way of identification tests\n\n  For paragraph 29(1)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of the non‑citizen’s height and weight;\n    (c) a photograph or other image of the non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of the non‑citizen’s eyes;\n    (f) the non‑citizen’s signature;\n    (g) a sample of the non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the non‑citizen’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 19 Information to be provided before carrying out identification tests\n\n  (1) For paragraph 30(1)(b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:\n    (a) the reason why a personal identifier is required to be provided; and\n    (b) how a personal identifier may be collected; and\n    (c) how any personal identifier that is collected may be used; and\n    (d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.\n\n> Note: See Division 3 of Part 5 of Schedule 2 to the Act in relation to the identification of minors and incapable persons.\n\n  (2) Also, the authorised officer must inform the non‑citizen:\n    (a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and\n    (b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and\n    (c) that:\n    (i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and\n    (ii) the non‑citizen has a right, under that Act, to seek:\n    (A) access to that information or those documents; and\n    (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.\n  (3) For subclause 30(3) of Schedule 2 of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.\n\n#### 20 Authorising access to video recordings—limitations\n\n  For subclause 41(3) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 21 Providing video recordings—permitted provision\n\n  (1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 to the Act.\n  (2) The provision of a video recording to the Australian Human Rights Commission is a permitted provision of the recording if the provision is for the purpose of the Commission inquiring into the operation of provisions of the Act relating to carrying out an identification test.\n\n#### 22 Providing video recordings—limitations\n\n  For paragraph 42(3)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n### Division 3—Disclosure of identifying information\n\n#### 23 Authorising access to identifying information\n\n  For subclause 52(3) of Schedule 2 of the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 24 Authorising disclosure of identifying information\n\n  For subclause 54(1) of Schedule 2 to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:\n    (a) the Department of Foreign Affairs and Trade;\n    (b) the Department administered by the Minister administering Part XII of the Customs Act 1901.\n\n#### 25 Disclosure of identifying information to Australian bodies\n\n  For paragraph 54(1)(d) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under subclause 54(1) of that Schedule to any of the bodies mentioned in the following table:\n\n| Item | Name of body                                                                 |\n| ---- | ---------------------------------------------------------------------------- |\n| 1    | Attorney‑General’s Department                                                |\n| 2    | Australian Crime Commission                                                  |\n| 4    | Australian Federal Police                                                    |\n| 6    | Australian Securities and Investments Commission                             |\n| 7    | Australian Security Intelligence Organisation                                |\n| 8    | Australian Taxation Office                                                   |\n| 9    | Australian Transaction Reports and Analysis Centre (AUSTRAC)                 |\n| 10   | CrimTrac                                                                     |\n| 11   | Department of Agriculture, Fisheries and Forestry                            |\n| 12   | Department of Defence                                                        |\n| 13   | Department of Foreign Affairs and Trade                                      |\n| 14   | Department of Health                                                         |\n| 15   | Department of Immigration, Multicultural and Indigenous Affairs              |\n| 16   | New South Wales Department of Primary Industries                             |\n| 17   | New South Wales Office of Director of Public Prosecutions                    |\n| 18   | New South Wales Police Service                                               |\n| 19   | Office of Director of Public Prosecutions, Victoria                          |\n| 20   | Victorian Department of Justice                                              |\n| 21   | Victorian Department of Primary Industries                                   |\n| 22   | Victorian Police                                                             |\n| 23   | Queensland Department of Primary Industries and Fisheries                    |\n| 24   | Queensland Office of Director of Public Prosecutions                         |\n| 25   | Queensland Police Service                                                    |\n| 26   | Office of Director of Public Prosecutions for Western Australia              |\n| 27   | Western Australian Department of Fisheries                                   |\n| 28   | Western Australian Department of Justice                                     |\n| 29   | Western Australian Police Service                                            |\n| 30   | South Australian Department of Primary Industries and Resources              |\n| 31   | South Australian Office of Director of Public Prosecutions                   |\n| 32   | South Australian Police                                                      |\n| 33   | Tasmanian Department of Primary Industries                                   |\n| 34   | Tasmanian Office of the Director of Public Prosecutions                      |\n| 35   | Tasmanian Police                                                             |\n| 36   | Northern Territory Department of Business, Industry and Resource Development |\n| 37   | Northern Territory Office of Director of Public Prosecutions                 |\n| 38   | Northern Territory Police                                                    |\n\n#### 26 Disclosure of identifying information to international organisations\n\n  For paragraph 54(1)(e) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under clause 54 of that Schedule to any of the following organisations:\n    (a) Interpol;\n    (b) the United Nations;\n    (c) any of the Intergovernmental Organisations known as Regional Fisheries Bodies mentioned in the following table:\n\n| Item | Name of Intergovernmental Organisation                                        |\n| ---- | ----------------------------------------------------------------------------- |\n| 1    | Advisory Committee on Fishery Research (ACFR)                                 |\n| 2    | Asia‑Pacific Fishery Commission (APFIC)                                       |\n| 3    | Atlantic Africa Fisheries Conference (AAFC)                                   |\n| 4    | Bay of Bengal Programme (BOBP‑IGO)                                            |\n| 5    | Comisión de Pesca Continental Para America Latina (COPESCAL)                  |\n| 6    | Comisión Interamericana del Atún Tropical (CIAT)                              |\n| 7    | Comisión Permanente del Pacifico Sur (CPPS)                                   |\n| 8    | Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) |\n| 9    | Commission for the Conservation of Southern Bluefin Tuna (CCSBT)              |\n| 10   | Committee for Inland Fisheries of Africa (CIFA)                               |\n| 11   | Coordinating Working Party on Fisheries Statistics (CWP)                      |\n| 12   | Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)                |\n| 13   | European Inland Fisheries Advisory Commission (EIFAC)                         |\n| 14   | Fishery Committee for the Eastern Central Atlantic (CECAF)                    |\n| 15   | Forum Fisheries Agency (FFA)                                                  |\n| 16   | General Fisheries Commission for the Mediterranean (GFCM)                     |\n| 17   | Indian Ocean Tuna Commission (IOTC)                                           |\n| 18   | Inter‑American Tropical Tuna Commission (IATTC)                               |\n| 19   | International Baltic Sea Fishery Commission (IBSFC)                           |\n| 20   | International Commission for the Conservation of Atlantic Tunas (ICCAT)       |\n| 21   | International Council for Exploration of the Sea (ICES)                       |\n| 22   | International Pacific Halibut Commission (IPHC)                               |\n| 23   | International Whaling Commission (IWC)                                        |\n| 24   | La Commission Sous‑Régionale des Pêches (CSRP)                                |\n| 25   | Lake Victoria Fisheries Organization (LVFO)                                   |\n| 26   | Latin American Fisheries Development Organization (OLDEPESCA)                 |\n| 27   | Marine Mammal Commission (MMC)                                                |\n| 28   | Mekong River Commission (MRC)                                                 |\n| 29   | Network of the Aquaculture Centres in Asia‑Pacific (NACA)                     |\n| 30   | North Atlantic Fisheries Organisation (NAFO)                                  |\n| 31   | North Atlantic Salmon Conservation Organization (NASCO)                       |\n| 32   | North East Atlantic Fisheries Commission (NEAFC)                              |\n| 33   | North Pacific Anadromous Fish Commission (NPAFC)                              |\n| 34   | North Pacific Marine Science Organisation (PICES)                             |\n| 35   | Northwest Atlantic Fisheries Organization (NAFO)                              |\n| 36   | Pacific Salmon Commission (PSC)                                               |\n| 37   | Regional Commission for Fisheries (RECOFI)                                    |\n| 38   | Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS)     |\n| 39   | Regional Fisheries Committee for the Gulf of Guinea (COREP)                   |\n| 40   | Secretariat of the Pacific Community (SPC)                                    |\n| 41   | Southeast Asian Fisheries Development Center (SEAFDEC)                        |\n| 42   | South East Atlantic Fisheries Organisation (SEAFO)                            |\n| 43   | Southwest Indian Ocean Fisheries Commission (SWIOFC)                          |\n| 44   | Western and Central Pacific Fisheries Commission (WCPFC)                      |\n| 45   | Western Central Atlantic Fishery Commission (WECAFC)                          |\n| 46   | Western Indian Ocean Tuna Organization (WIOTO)                                |","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Training for officers and detention officers","content":"#### 15 Training for officers and detention officers\n\n  For subclause 6(1) of Schedule 2 to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:\n    (a) conducting searches;\n    (b) maintaining the health, safety and welfare of detainees;\n    (c) controlling persons by the use of empty‑hand techniques;\n    (d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Identifying detainees","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Torres Strait Fisheries Regulations 1985.\n\n#### 2 Interpretation\n\n  (1) In these regulations, unless the contrary intention appears:\n\n> 1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.\n\n> 5 year licence means a licence other than a 1 year licence.\n\n> licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.\n\n> Protected Zone Joint Authority has the same meaning as in Part V of the Act.\n\n> the Act means the Torres Strait Fisheries Act 1984.\n\n  (2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).\n\n## Part 2—Regulation of fishing\n\n#### 3 Prescribed manner of publication\n\n  The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.\n\n#### 4 Prescribed manner of broadcast\n\n  The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.\n\n#### 4A Terms of licences\n\n  For subsections 23(1) and (2) of the Act, the period of 5 years is specified for:\n    (a) each licence granted under subsection 19(1) of the Act; and\n    (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.\n\n#### 5 Payment of licence fee\n\n  A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.\n\n#### 6 Licence and other fees\n\n  (1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item.\n  (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.\n\n#### 7 Distinguishing number\n\n  (1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ .\n  (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ .\n  (3) If:\n    (a) a boat in respect of which a licence under section 19 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3;\n    (b) a boat in respect of which an endorsement under section 20 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or\n    (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed;\n  the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding:\n    (d) in the case of a natural person—20 penalty units; or\n    (e) in the case of a body corporate—100 penalty units.\n  (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Requirements of orders to be complied with\n\n  (1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals.\n  (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units.\n  (2A) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with.\n  (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.\n\n#### 9 Identity cards\n\n  (1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.\n  (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.\n\nPenalty: 1 penalty unit.\n\n  (3) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 10 Publication of log‑books\n\n  (1) Where the Minister is satisfied that information:\n    (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or\n    (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;\n  is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations.\n  (2) Each form of log‑book shall be appropriate to:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book.\n  (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include:\n    (a) the following particulars of the person in charge of taking or processing fish by means of the boat:\n    (i) the person’s name;\n    (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and\n    (iii) the duration of experience of the master in the method of fishing carried on by means of a boat;\n    (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;\n    (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;\n    (d) particulars of the fish taken by means of the boat;\n    (e) particulars of circumstances related to the taking of fish by means of the boat; and\n    (f) particulars of the sale or disposal of fish taken by means of the boat.\n\n#### 11 Powers of Minister\n\n  (1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat:\n    (d) engaged in taking in that area of waters fish included in that class of fish; or\n    (e) engaged in an activity related to taking in that area of waters fish included in that class of fish.\n  (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book:\n    (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and\n    (b) the places where copies of the form of log‑book can be obtained during ordinary business hours.\n  (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book.\n  (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book.\n  (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book.\n  (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book.\n  (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published.\n  (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations.\n  (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.\n\n#### 12 Offences in relation to log‑books\n\n  (1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book.\n  (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.\n  (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (6) An offence under subregulation (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 13 Secrecy\n\n  (1) A person must not, either directly or indirectly:\n    (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or\n    (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.\n\nPenalty: 5 penalty units.\n\n  (1A) An offence under subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.\n\n#### 14 Short methods of reference\n\n  (1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item.\n  (2) In Schedule 2, unless the contrary intention appears:\n\n> Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.\n\n> Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.\n\n## Part 3—Detention of suspected illegal foreign fishers etc\n\n### Division 1—Training for officers\n\n#### 15 Training for officers and detention officers\n\n  For subclause 6(1) of Schedule 2 to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:\n    (a) conducting searches;\n    (b) maintaining the health, safety and welfare of detainees;\n    (c) controlling persons by the use of empty‑hand techniques;\n    (d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984.\n\n### Division 2—Identifying detainees\n\n#### 16 Personal identifiers\n\n  For paragraph 26(1)(g) of Schedule 2 to the Act, the personal identifiers are as follows:\n    (a) a sample of a person’s handwriting;\n    (b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the person’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:\n\n    (a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (b) the taking of a sample of blood;\n    (c) the taking of a sample of saliva, or a sample by buccal swab;\n    (d) the taking of a sample of pubic hair;\n    (e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (g) the taking of a dental impression;\n    (h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.\n\n#### 17 Personal identifiers detainees must provide\n\n  For paragraph 28(2)(e) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (b) an iris scan of the detainee’s eyes;\n    (c) a sample of the detainee’s handwriting;\n    (d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the detainee’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 18 Personal identifiers officers must require non‑citizens to provide by way of identification tests\n\n  For paragraph 29(1)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of the non‑citizen’s height and weight;\n    (c) a photograph or other image of the non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of the non‑citizen’s eyes;\n    (f) the non‑citizen’s signature;\n    (g) a sample of the non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the non‑citizen’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 19 Information to be provided before carrying out identification tests\n\n  (1) For paragraph 30(1)(b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:\n    (a) the reason why a personal identifier is required to be provided; and\n    (b) how a personal identifier may be collected; and\n    (c) how any personal identifier that is collected may be used; and\n    (d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.\n\n> Note: See Division 3 of Part 5 of Schedule 2 to the Act in relation to the identification of minors and incapable persons.\n\n  (2) Also, the authorised officer must inform the non‑citizen:\n    (a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and\n    (b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and\n    (c) that:\n    (i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and\n    (ii) the non‑citizen has a right, under that Act, to seek:\n    (A) access to that information or those documents; and\n    (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.\n  (3) For subclause 30(3) of Schedule 2 of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.\n\n#### 20 Authorising access to video recordings—limitations\n\n  For subclause 41(3) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 21 Providing video recordings—permitted provision\n\n  (1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 to the Act.\n  (2) The provision of a video recording to the Australian Human Rights Commission is a permitted provision of the recording if the provision is for the purpose of the Commission inquiring into the operation of provisions of the Act relating to carrying out an identification test.\n\n#### 22 Providing video recordings—limitations\n\n  For paragraph 42(3)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n### Division 3—Disclosure of identifying information\n\n#### 23 Authorising access to identifying information\n\n  For subclause 52(3) of Schedule 2 of the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 24 Authorising disclosure of identifying information\n\n  For subclause 54(1) of Schedule 2 to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:\n    (a) the Department of Foreign Affairs and Trade;\n    (b) the Department administered by the Minister administering Part XII of the Customs Act 1901.\n\n#### 25 Disclosure of identifying information to Australian bodies\n\n  For paragraph 54(1)(d) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under subclause 54(1) of that Schedule to any of the bodies mentioned in the following table:\n\n| Item | Name of body                                                                 |\n| ---- | ---------------------------------------------------------------------------- |\n| 1    | Attorney‑General’s Department                                                |\n| 2    | Australian Crime Commission                                                  |\n| 4    | Australian Federal Police                                                    |\n| 6    | Australian Securities and Investments Commission                             |\n| 7    | Australian Security Intelligence Organisation                                |\n| 8    | Australian Taxation Office                                                   |\n| 9    | Australian Transaction Reports and Analysis Centre (AUSTRAC)                 |\n| 10   | CrimTrac                                                                     |\n| 11   | Department of Agriculture, Fisheries and Forestry                            |\n| 12   | Department of Defence                                                        |\n| 13   | Department of Foreign Affairs and Trade                                      |\n| 14   | Department of Health                                                         |\n| 15   | Department of Immigration, Multicultural and Indigenous Affairs              |\n| 16   | New South Wales Department of Primary Industries                             |\n| 17   | New South Wales Office of Director of Public Prosecutions                    |\n| 18   | New South Wales Police Service                                               |\n| 19   | Office of Director of Public Prosecutions, Victoria                          |\n| 20   | Victorian Department of Justice                                              |\n| 21   | Victorian Department of Primary Industries                                   |\n| 22   | Victorian Police                                                             |\n| 23   | Queensland Department of Primary Industries and Fisheries                    |\n| 24   | Queensland Office of Director of Public Prosecutions                         |\n| 25   | Queensland Police Service                                                    |\n| 26   | Office of Director of Public Prosecutions for Western Australia              |\n| 27   | Western Australian Department of Fisheries                                   |\n| 28   | Western Australian Department of Justice                                     |\n| 29   | Western Australian Police Service                                            |\n| 30   | South Australian Department of Primary Industries and Resources              |\n| 31   | South Australian Office of Director of Public Prosecutions                   |\n| 32   | South Australian Police                                                      |\n| 33   | Tasmanian Department of Primary Industries                                   |\n| 34   | Tasmanian Office of the Director of Public Prosecutions                      |\n| 35   | Tasmanian Police                                                             |\n| 36   | Northern Territory Department of Business, Industry and Resource Development |\n| 37   | Northern Territory Office of Director of Public Prosecutions                 |\n| 38   | Northern Territory Police                                                    |\n\n#### 26 Disclosure of identifying information to international organisations\n\n  For paragraph 54(1)(e) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under clause 54 of that Schedule to any of the following organisations:\n    (a) Interpol;\n    (b) the United Nations;\n    (c) any of the Intergovernmental Organisations known as Regional Fisheries Bodies mentioned in the following table:\n\n| Item | Name of Intergovernmental Organisation                                        |\n| ---- | ----------------------------------------------------------------------------- |\n| 1    | Advisory Committee on Fishery Research (ACFR)                                 |\n| 2    | Asia‑Pacific Fishery Commission (APFIC)                                       |\n| 3    | Atlantic Africa Fisheries Conference (AAFC)                                   |\n| 4    | Bay of Bengal Programme (BOBP‑IGO)                                            |\n| 5    | Comisión de Pesca Continental Para America Latina (COPESCAL)                  |\n| 6    | Comisión Interamericana del Atún Tropical (CIAT)                              |\n| 7    | Comisión Permanente del Pacifico Sur (CPPS)                                   |\n| 8    | Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) |\n| 9    | Commission for the Conservation of Southern Bluefin Tuna (CCSBT)              |\n| 10   | Committee for Inland Fisheries of Africa (CIFA)                               |\n| 11   | Coordinating Working Party on Fisheries Statistics (CWP)                      |\n| 12   | Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)                |\n| 13   | European Inland Fisheries Advisory Commission (EIFAC)                         |\n| 14   | Fishery Committee for the Eastern Central Atlantic (CECAF)                    |\n| 15   | Forum Fisheries Agency (FFA)                                                  |\n| 16   | General Fisheries Commission for the Mediterranean (GFCM)                     |\n| 17   | Indian Ocean Tuna Commission (IOTC)                                           |\n| 18   | Inter‑American Tropical Tuna Commission (IATTC)                               |\n| 19   | International Baltic Sea Fishery Commission (IBSFC)                           |\n| 20   | International Commission for the Conservation of Atlantic Tunas (ICCAT)       |\n| 21   | International Council for Exploration of the Sea (ICES)                       |\n| 22   | International Pacific Halibut Commission (IPHC)                               |\n| 23   | International Whaling Commission (IWC)                                        |\n| 24   | La Commission Sous‑Régionale des Pêches (CSRP)                                |\n| 25   | Lake Victoria Fisheries Organization (LVFO)                                   |\n| 26   | Latin American Fisheries Development Organization (OLDEPESCA)                 |\n| 27   | Marine Mammal Commission (MMC)                                                |\n| 28   | Mekong River Commission (MRC)                                                 |\n| 29   | Network of the Aquaculture Centres in Asia‑Pacific (NACA)                     |\n| 30   | North Atlantic Fisheries Organisation (NAFO)                                  |\n| 31   | North Atlantic Salmon Conservation Organization (NASCO)                       |\n| 32   | North East Atlantic Fisheries Commission (NEAFC)                              |\n| 33   | North Pacific Anadromous Fish Commission (NPAFC)                              |\n| 34   | North Pacific Marine Science Organisation (PICES)                             |\n| 35   | Northwest Atlantic Fisheries Organization (NAFO)                              |\n| 36   | Pacific Salmon Commission (PSC)                                               |\n| 37   | Regional Commission for Fisheries (RECOFI)                                    |\n| 38   | Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS)     |\n| 39   | Regional Fisheries Committee for the Gulf of Guinea (COREP)                   |\n| 40   | Secretariat of the Pacific Community (SPC)                                    |\n| 41   | Southeast Asian Fisheries Development Center (SEAFDEC)                        |\n| 42   | South East Atlantic Fisheries Organisation (SEAFO)                            |\n| 43   | Southwest Indian Ocean Fisheries Commission (SWIOFC)                          |\n| 44   | Western and Central Pacific Fisheries Commission (WCPFC)                      |\n| 45   | Western Central Atlantic Fishery Commission (WECAFC)                          |\n| 46   | Western Indian Ocean Tuna Organization (WIOTO)                                |","sortOrder":20},{"sectionNumber":"16","sectionType":"section","heading":"Personal identifiers","content":"#### 16 Personal identifiers\n\n  For paragraph 26(1)(g) of Schedule 2 to the Act, the personal identifiers are as follows:\n    (a) a sample of a person’s handwriting;\n    (b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the person’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:\n\n    (a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (b) the taking of a sample of blood;\n    (c) the taking of a sample of saliva, or a sample by buccal swab;\n    (d) the taking of a sample of pubic hair;\n    (e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (g) the taking of a dental impression;\n    (h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Personal identifiers detainees must provide","content":"#### 17 Personal identifiers detainees must provide\n\n  For paragraph 28(2)(e) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (b) an iris scan of the detainee’s eyes;\n    (c) a sample of the detainee’s handwriting;\n    (d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the detainee’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.","sortOrder":22},{"sectionNumber":"18","sectionType":"section","heading":"Personal identifiers officers must require non‑citizens to provide by way of identification tests","content":"#### 18 Personal identifiers officers must require non‑citizens to provide by way of identification tests\n\n  For paragraph 29(1)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of the non‑citizen’s height and weight;\n    (c) a photograph or other image of the non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of the non‑citizen’s eyes;\n    (f) the non‑citizen’s signature;\n    (g) a sample of the non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the non‑citizen’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.","sortOrder":23},{"sectionNumber":"19","sectionType":"section","heading":"Information to be provided before carrying out identification tests","content":"#### 19 Information to be provided before carrying out identification tests\n\n  (1) For paragraph 30(1)(b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:\n    (a) the reason why a personal identifier is required to be provided; and\n    (b) how a personal identifier may be collected; and\n    (c) how any personal identifier that is collected may be used; and\n    (d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.\n\n> Note: See Division 3 of Part 5 of Schedule 2 to the Act in relation to the identification of minors and incapable persons.\n\n  (2) Also, the authorised officer must inform the non‑citizen:\n    (a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and\n    (b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and\n    (c) that:\n    (i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and\n    (ii) the non‑citizen has a right, under that Act, to seek:\n    (A) access to that information or those documents; and\n    (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.\n  (3) For subclause 30(3) of Schedule 2 of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.","sortOrder":24},{"sectionNumber":"20","sectionType":"section","heading":"Authorising access to video recordings—limitations","content":"#### 20 Authorising access to video recordings—limitations\n\n  For subclause 41(3) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Providing video recordings—permitted provision","content":"#### 21 Providing video recordings—permitted provision\n\n  (1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 to the Act.\n  (2) The provision of a video recording to the Australian Human Rights Commission is a permitted provision of the recording if the provision is for the purpose of the Commission inquiring into the operation of provisions of the Act relating to carrying out an identification test.","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Providing video recordings—limitations","content":"#### 22 Providing video recordings—limitations\n\n  For paragraph 42(3)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.","sortOrder":27},{"sectionNumber":"Division 3","sectionType":"division","heading":"Disclosure of identifying information","content":"## Part 1—Preliminary\n\n#### 1 Name of regulations\n\n  These regulations are the Torres Strait Fisheries Regulations 1985.\n\n#### 2 Interpretation\n\n  (1) In these regulations, unless the contrary intention appears:\n\n> 1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.\n\n> 5 year licence means a licence other than a 1 year licence.\n\n> licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.\n\n> Protected Zone Joint Authority has the same meaning as in Part V of the Act.\n\n> the Act means the Torres Strait Fisheries Act 1984.\n\n  (2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).\n\n## Part 2—Regulation of fishing\n\n#### 3 Prescribed manner of publication\n\n  The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.\n\n#### 4 Prescribed manner of broadcast\n\n  The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.\n\n#### 4A Terms of licences\n\n  For subsections 23(1) and (2) of the Act, the period of 5 years is specified for:\n    (a) each licence granted under subsection 19(1) of the Act; and\n    (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.\n\n#### 5 Payment of licence fee\n\n  A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.\n\n#### 6 Licence and other fees\n\n  (1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item.\n  (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.\n\n#### 7 Distinguishing number\n\n  (1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ .\n  (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ .\n  (3) If:\n    (a) a boat in respect of which a licence under section 19 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3;\n    (b) a boat in respect of which an endorsement under section 20 of the Act is in force:\n    (i) is used for fishing in areas of Australian jurisdiction; and\n    (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or\n    (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed;\n  the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding:\n    (d) in the case of a natural person—20 penalty units; or\n    (e) in the case of a body corporate—100 penalty units.\n  (4) An offence under subregulation (3) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 8 Requirements of orders to be complied with\n\n  (1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals.\n  (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units.\n  (2A) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with.\n  (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.\n\n#### 9 Identity cards\n\n  (1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act.\n  (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.\n\nPenalty: 1 penalty unit.\n\n  (3) An offence under subregulation (2) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 10 Publication of log‑books\n\n  (1) Where the Minister is satisfied that information:\n    (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or\n    (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;\n  is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations.\n  (2) Each form of log‑book shall be appropriate to:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book.\n  (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include:\n    (a) the following particulars of the person in charge of taking or processing fish by means of the boat:\n    (i) the person’s name;\n    (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and\n    (iii) the duration of experience of the master in the method of fishing carried on by means of a boat;\n    (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish;\n    (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment;\n    (d) particulars of the fish taken by means of the boat;\n    (e) particulars of circumstances related to the taking of fish by means of the boat; and\n    (f) particulars of the sale or disposal of fish taken by means of the boat.\n\n#### 11 Powers of Minister\n\n  (1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book:\n    (a) the kind of fish;\n    (b) the kind of fishing activity; and\n    (c) the area of waters;\n  in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat:\n    (d) engaged in taking in that area of waters fish included in that class of fish; or\n    (e) engaged in an activity related to taking in that area of waters fish included in that class of fish.\n  (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book:\n    (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and\n    (b) the places where copies of the form of log‑book can be obtained during ordinary business hours.\n  (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book.\n  (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book.\n  (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book.\n  (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book.\n  (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published.\n  (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations.\n  (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.\n\n#### 12 Offences in relation to log‑books\n\n  (1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book.\n  (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book.\n  (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units.\n  (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (6) An offence under subregulation (4) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n#### 13 Secrecy\n\n  (1) A person must not, either directly or indirectly:\n    (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or\n    (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.\n\nPenalty: 5 penalty units.\n\n  (1A) An offence under subregulation (1) is an offence of strict liability.\n\n> Note: For strict liability, see section 6.1 of the Criminal Code.\n\n  (1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.\n\n> Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.\n\n  (2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.\n\n#### 14 Short methods of reference\n\n  (1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item.\n  (2) In Schedule 2, unless the contrary intention appears:\n\n> Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.\n\n> Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.\n\n## Part 3—Detention of suspected illegal foreign fishers etc\n\n### Division 1—Training for officers\n\n#### 15 Training for officers and detention officers\n\n  For subclause 6(1) of Schedule 2 to the Act, the minimum training is the course of training provided by AFMA known as Authorised Officer Training, which provides training on the following matters:\n    (a) conducting searches;\n    (b) maintaining the health, safety and welfare of detainees;\n    (c) controlling persons by the use of empty‑hand techniques;\n    (d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries Act 1984.\n\n### Division 2—Identifying detainees\n\n#### 16 Personal identifiers\n\n  For paragraph 26(1)(g) of Schedule 2 to the Act, the personal identifiers are as follows:\n    (a) a sample of a person’s handwriting;\n    (b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the person’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:\n\n    (a) an external examination of the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (b) the taking of a sample of blood;\n    (c) the taking of a sample of saliva, or a sample by buccal swab;\n    (d) the taking of a sample of pubic hair;\n    (e) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (f) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts;\n    (g) the taking of a dental impression;\n    (h) the taking of a photograph or video recording of, or an impression or cast of a wound from, the genital or anal area, the buttocks or, in the case of a female or a transgender person who identifies as a female, the breasts.\n\n#### 17 Personal identifiers detainees must provide\n\n  For paragraph 28(2)(e) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (b) an iris scan of the detainee’s eyes;\n    (c) a sample of the detainee’s handwriting;\n    (d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the detainee’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 18 Personal identifiers officers must require non‑citizens to provide by way of identification tests\n\n  For paragraph 29(1)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of the non‑citizen’s height and weight;\n    (c) a photograph or other image of the non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of the non‑citizen’s eyes;\n    (f) the non‑citizen’s signature;\n    (g) a sample of the non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:\n    (i) the removal of any of the non‑citizen’s clothing; or\n    (ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.\n\n> Note: See the note after regulation 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.\n\n#### 19 Information to be provided before carrying out identification tests\n\n  (1) For paragraph 30(1)(b) of Schedule 2 of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:\n    (a) the reason why a personal identifier is required to be provided; and\n    (b) how a personal identifier may be collected; and\n    (c) how any personal identifier that is collected may be used; and\n    (d) if the non‑citizen is a minor or an incapable person—how a personal identifier is to be obtained from a minor or incapable person.\n\n> Note: See Division 3 of Part 5 of Schedule 2 to the Act in relation to the identification of minors and incapable persons.\n\n  (2) Also, the authorised officer must inform the non‑citizen:\n    (a) that a personal identifier may be produced in evidence in a court or tribunal in relation to the non‑citizen who provided the personal identifier; and\n    (b) that the Privacy Act 1988 applies to personal information, including personal identifiers, and that the non‑citizen has a right to make a complaint to the Australian Information Commissioner about the handling of the non‑citizen’s personal information; and\n    (c) that:\n    (i) the Freedom of Information Act 1982 gives a person access to certain information and documents in the possession of the Government of the Commonwealth and of its agencies; and\n    (ii) the non‑citizen has a right, under that Act, to seek:\n    (A) access to that information or those documents; and\n    (B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.\n  (3) For subclause 30(3) of Schedule 2 of the Act, if a form is to be given to a non‑citizen setting out any information mentioned in subregulation (1) or (2), it must be given to the non‑citizen at a time that gives the non‑citizen enough time to read and understand the form before the identification test is conducted.\n\n#### 20 Authorising access to video recordings—limitations\n\n  For subclause 41(3) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 21 Providing video recordings—permitted provision\n\n  (1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 to the Act.\n  (2) The provision of a video recording to the Australian Human Rights Commission is a permitted provision of the recording if the provision is for the purpose of the Commission inquiring into the operation of provisions of the Act relating to carrying out an identification test.\n\n#### 22 Providing video recordings—limitations\n\n  For paragraph 42(3)(a) of Schedule 2 to the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n### Division 3—Disclosure of identifying information\n\n#### 23 Authorising access to identifying information\n\n  For subclause 52(3) of Schedule 2 of the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.\n\n#### 24 Authorising disclosure of identifying information\n\n  For subclause 54(1) of Schedule 2 to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:\n    (a) the Department of Foreign Affairs and Trade;\n    (b) the Department administered by the Minister administering Part XII of the Customs Act 1901.\n\n#### 25 Disclosure of identifying information to Australian bodies\n\n  For paragraph 54(1)(d) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under subclause 54(1) of that Schedule to any of the bodies mentioned in the following table:\n\n| Item | Name of body                                                                 |\n| ---- | ---------------------------------------------------------------------------- |\n| 1    | Attorney‑General’s Department                                                |\n| 2    | Australian Crime Commission                                                  |\n| 4    | Australian Federal Police                                                    |\n| 6    | Australian Securities and Investments Commission                             |\n| 7    | Australian Security Intelligence Organisation                                |\n| 8    | Australian Taxation Office                                                   |\n| 9    | Australian Transaction Reports and Analysis Centre (AUSTRAC)                 |\n| 10   | CrimTrac                                                                     |\n| 11   | Department of Agriculture, Fisheries and Forestry                            |\n| 12   | Department of Defence                                                        |\n| 13   | Department of Foreign Affairs and Trade                                      |\n| 14   | Department of Health                                                         |\n| 15   | Department of Immigration, Multicultural and Indigenous Affairs              |\n| 16   | New South Wales Department of Primary Industries                             |\n| 17   | New South Wales Office of Director of Public Prosecutions                    |\n| 18   | New South Wales Police Service                                               |\n| 19   | Office of Director of Public Prosecutions, Victoria                          |\n| 20   | Victorian Department of Justice                                              |\n| 21   | Victorian Department of Primary Industries                                   |\n| 22   | Victorian Police                                                             |\n| 23   | Queensland Department of Primary Industries and Fisheries                    |\n| 24   | Queensland Office of Director of Public Prosecutions                         |\n| 25   | Queensland Police Service                                                    |\n| 26   | Office of Director of Public Prosecutions for Western Australia              |\n| 27   | Western Australian Department of Fisheries                                   |\n| 28   | Western Australian Department of Justice                                     |\n| 29   | Western Australian Police Service                                            |\n| 30   | South Australian Department of Primary Industries and Resources              |\n| 31   | South Australian Office of Director of Public Prosecutions                   |\n| 32   | South Australian Police                                                      |\n| 33   | Tasmanian Department of Primary Industries                                   |\n| 34   | Tasmanian Office of the Director of Public Prosecutions                      |\n| 35   | Tasmanian Police                                                             |\n| 36   | Northern Territory Department of Business, Industry and Resource Development |\n| 37   | Northern Territory Office of Director of Public Prosecutions                 |\n| 38   | Northern Territory Police                                                    |\n\n#### 26 Disclosure of identifying information to international organisations\n\n  For paragraph 54(1)(e) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under clause 54 of that Schedule to any of the following organisations:\n    (a) Interpol;\n    (b) the United Nations;\n    (c) any of the Intergovernmental Organisations known as Regional Fisheries Bodies mentioned in the following table:\n\n| Item | Name of Intergovernmental Organisation                                        |\n| ---- | ----------------------------------------------------------------------------- |\n| 1    | Advisory Committee on Fishery Research (ACFR)                                 |\n| 2    | Asia‑Pacific Fishery Commission (APFIC)                                       |\n| 3    | Atlantic Africa Fisheries Conference (AAFC)                                   |\n| 4    | Bay of Bengal Programme (BOBP‑IGO)                                            |\n| 5    | Comisión de Pesca Continental Para America Latina (COPESCAL)                  |\n| 6    | Comisión Interamericana del Atún Tropical (CIAT)                              |\n| 7    | Comisión Permanente del Pacifico Sur (CPPS)                                   |\n| 8    | Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) |\n| 9    | Commission for the Conservation of Southern Bluefin Tuna (CCSBT)              |\n| 10   | Committee for Inland Fisheries of Africa (CIFA)                               |\n| 11   | Coordinating Working Party on Fisheries Statistics (CWP)                      |\n| 12   | Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)                |\n| 13   | European Inland Fisheries Advisory Commission (EIFAC)                         |\n| 14   | Fishery Committee for the Eastern Central Atlantic (CECAF)                    |\n| 15   | Forum Fisheries Agency (FFA)                                                  |\n| 16   | General Fisheries Commission for the Mediterranean (GFCM)                     |\n| 17   | Indian Ocean Tuna Commission (IOTC)                                           |\n| 18   | Inter‑American Tropical Tuna Commission (IATTC)                               |\n| 19   | International Baltic Sea Fishery Commission (IBSFC)                           |\n| 20   | International Commission for the Conservation of Atlantic Tunas (ICCAT)       |\n| 21   | International Council for Exploration of the Sea (ICES)                       |\n| 22   | International Pacific Halibut Commission (IPHC)                               |\n| 23   | International Whaling Commission (IWC)                                        |\n| 24   | La Commission Sous‑Régionale des Pêches (CSRP)                                |\n| 25   | Lake Victoria Fisheries Organization (LVFO)                                   |\n| 26   | Latin American Fisheries Development Organization (OLDEPESCA)                 |\n| 27   | Marine Mammal Commission (MMC)                                                |\n| 28   | Mekong River Commission (MRC)                                                 |\n| 29   | Network of the Aquaculture Centres in Asia‑Pacific (NACA)                     |\n| 30   | North Atlantic Fisheries Organisation (NAFO)                                  |\n| 31   | North Atlantic Salmon Conservation Organization (NASCO)                       |\n| 32   | North East Atlantic Fisheries Commission (NEAFC)                              |\n| 33   | North Pacific Anadromous Fish Commission (NPAFC)                              |\n| 34   | North Pacific Marine Science Organisation (PICES)                             |\n| 35   | Northwest Atlantic Fisheries Organization (NAFO)                              |\n| 36   | Pacific Salmon Commission (PSC)                                               |\n| 37   | Regional Commission for Fisheries (RECOFI)                                    |\n| 38   | Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS)     |\n| 39   | Regional Fisheries Committee for the Gulf of Guinea (COREP)                   |\n| 40   | Secretariat of the Pacific Community (SPC)                                    |\n| 41   | Southeast Asian Fisheries Development Center (SEAFDEC)                        |\n| 42   | South East Atlantic Fisheries Organisation (SEAFO)                            |\n| 43   | Southwest Indian Ocean Fisheries Commission (SWIOFC)                          |\n| 44   | Western and Central Pacific Fisheries Commission (WCPFC)                      |\n| 45   | Western Central Atlantic Fishery Commission (WECAFC)                          |\n| 46   | Western Indian Ocean Tuna Organization (WIOTO)                                |","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Authorising access to identifying information","content":"#### 23 Authorising access to identifying information\n\n  For subclause 52(3) of Schedule 2 of the Act, the types of personal identifier are as follows:\n    (a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);\n    (b) a measurement of a non‑citizen’s height and weight;\n    (c) a photograph or other image of a non‑citizen’s face and shoulders;\n    (d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 2 to the Act);\n    (e) an iris scan of a non‑citizen’s eyes;\n    (f) a non‑citizen’s signature;\n    (g) a sample of a non‑citizen’s handwriting;\n    (h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Authorising disclosure of identifying information","content":"#### 24 Authorising disclosure of identifying information\n\n  For subclause 54(1) of Schedule 2 to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:\n    (a) the Department of Foreign Affairs and Trade;\n    (b) the Department administered by the Minister administering Part XII of the Customs Act 1901.","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Disclosure of identifying information to Australian bodies","content":"#### 25 Disclosure of identifying information to Australian bodies\n\n  For paragraph 54(1)(d) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under subclause 54(1) of that Schedule to any of the bodies mentioned in the following table:\n\n| Item | Name of body                                                                 |\n| ---- | ---------------------------------------------------------------------------- |\n| 1    | Attorney‑General’s Department                                                |\n| 2    | Australian Crime Commission                                                  |\n| 4    | Australian Federal Police                                                    |\n| 6    | Australian Securities and Investments Commission                             |\n| 7    | Australian Security Intelligence Organisation                                |\n| 8    | Australian Taxation Office                                                   |\n| 9    | Australian Transaction Reports and Analysis Centre (AUSTRAC)                 |\n| 10   | CrimTrac                                                                     |\n| 11   | Department of Agriculture, Fisheries and Forestry                            |\n| 12   | Department of Defence                                                        |\n| 13   | Department of Foreign Affairs and Trade                                      |\n| 14   | Department of Health                                                         |\n| 15   | Department of Immigration, Multicultural and Indigenous Affairs              |\n| 16   | New South Wales Department of Primary Industries                             |\n| 17   | New South Wales Office of Director of Public Prosecutions                    |\n| 18   | New South Wales Police Service                                               |\n| 19   | Office of Director of Public Prosecutions, Victoria                          |\n| 20   | Victorian Department of Justice                                              |\n| 21   | Victorian Department of Primary Industries                                   |\n| 22   | Victorian Police                                                             |\n| 23   | Queensland Department of Primary Industries and Fisheries                    |\n| 24   | Queensland Office of Director of Public Prosecutions                         |\n| 25   | Queensland Police Service                                                    |\n| 26   | Office of Director of Public Prosecutions for Western Australia              |\n| 27   | Western Australian Department of Fisheries                                   |\n| 28   | Western Australian Department of Justice                                     |\n| 29   | Western Australian Police Service                                            |\n| 30   | South Australian Department of Primary Industries and Resources              |\n| 31   | South Australian Office of Director of Public Prosecutions                   |\n| 32   | South Australian Police                                                      |\n| 33   | Tasmanian Department of Primary Industries                                   |\n| 34   | Tasmanian Office of the Director of Public Prosecutions                      |\n| 35   | Tasmanian Police                                                             |\n| 36   | Northern Territory Department of Business, Industry and Resource Development |\n| 37   | Northern Territory Office of Director of Public Prosecutions                 |\n| 38   | Northern Territory Police                                                    |","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Disclosure of identifying information to international organisations","content":"#### 26 Disclosure of identifying information to international organisations\n\n  For paragraph 54(1)(e) of Schedule 2 to the Act, AFMA may authorise the disclosure of identifying information under clause 54 of that Schedule to any of the following organisations:\n    (a) Interpol;\n    (b) the United Nations;\n    (c) any of the Intergovernmental Organisations known as Regional Fisheries Bodies mentioned in the following table:\n\n| Item | Name of Intergovernmental Organisation                                        |\n| ---- | ----------------------------------------------------------------------------- |\n| 1    | Advisory Committee on Fishery Research (ACFR)                                 |\n| 2    | Asia‑Pacific Fishery Commission (APFIC)                                       |\n| 3    | Atlantic Africa Fisheries Conference (AAFC)                                   |\n| 4    | Bay of Bengal Programme (BOBP‑IGO)                                            |\n| 5    | Comisión de Pesca Continental Para America Latina (COPESCAL)                  |\n| 6    | Comisión Interamericana del Atún Tropical (CIAT)                              |\n| 7    | Comisión Permanente del Pacifico Sur (CPPS)                                   |\n| 8    | Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) |\n| 9    | Commission for the Conservation of Southern Bluefin Tuna (CCSBT)              |\n| 10   | Committee for Inland Fisheries of Africa (CIFA)                               |\n| 11   | Coordinating Working Party on Fisheries Statistics (CWP)                      |\n| 12   | Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA)                |\n| 13   | European Inland Fisheries Advisory Commission (EIFAC)                         |\n| 14   | Fishery Committee for the Eastern Central Atlantic (CECAF)                    |\n| 15   | Forum Fisheries Agency (FFA)                                                  |\n| 16   | General Fisheries Commission for the Mediterranean (GFCM)                     |\n| 17   | Indian Ocean Tuna Commission (IOTC)                                           |\n| 18   | Inter‑American Tropical Tuna Commission (IATTC)                               |\n| 19   | International Baltic Sea Fishery Commission (IBSFC)                           |\n| 20   | International Commission for the Conservation of Atlantic Tunas (ICCAT)       |\n| 21   | International Council for Exploration of the Sea (ICES)                       |\n| 22   | International Pacific Halibut Commission (IPHC)                               |\n| 23   | International Whaling Commission (IWC)                                        |\n| 24   | La Commission Sous‑Régionale des Pêches (CSRP)                                |\n| 25   | Lake Victoria Fisheries Organization (LVFO)                                   |\n| 26   | Latin American Fisheries Development Organization (OLDEPESCA)                 |\n| 27   | Marine Mammal Commission (MMC)                                                |\n| 28   | Mekong River Commission (MRC)                                                 |\n| 29   | Network of the Aquaculture Centres in Asia‑Pacific (NACA)                     |\n| 30   | North Atlantic Fisheries Organisation (NAFO)                                  |\n| 31   | North Atlantic Salmon Conservation Organization (NASCO)                       |\n| 32   | North East Atlantic Fisheries Commission (NEAFC)                              |\n| 33   | North Pacific Anadromous Fish Commission (NPAFC)                              |\n| 34   | North Pacific Marine Science Organisation (PICES)                             |\n| 35   | Northwest Atlantic Fisheries Organization (NAFO)                              |\n| 36   | Pacific Salmon Commission (PSC)                                               |\n| 37   | Regional Commission for Fisheries (RECOFI)                                    |\n| 38   | Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS)     |\n| 39   | Regional Fisheries Committee for the Gulf of Guinea (COREP)                   |\n| 40   | Secretariat of the Pacific Community (SPC)                                    |\n| 41   | Southeast Asian Fisheries Development Center (SEAFDEC)                        |\n| 42   | South East Atlantic Fisheries Organisation (SEAFO)                            |\n| 43   | Southwest Indian Ocean Fisheries Commission (SWIOFC)                          |\n| 44   | Western and Central Pacific Fisheries Commission (WCPFC)                      |\n| 45   | Western Central Atlantic Fishery Commission (WECAFC)                          |\n| 46   | Western Indian Ocean Tuna Organization (WIOTO)                                |","sortOrder":32}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":758},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1985 fishing regulation purpose. The original Part 2 dealt with licences, fees, and log-books. Part 3 was added later (likely 2000s-2010s based on the AFMA and biometric technology references) introducing extensive detention, identification, and information-sharing powers for suspected illegal foreign fishers. This transforms the instrument from a fisheries management regulation into a hybrid fisheries/border security/immigration control instrument with significant human rights implications."},"complexity_factors":["Extensive cross-referencing to the Torres Strait Fisheries Act 1984 and the Criminal Code","Multiple nested conditions in offence provisions (regulation 7 has three alternative scenarios with two penalty tiers each)","Repeated definitions of personal identifiers across 8 separate regulations (16-23) with slight variations","Complex delegation chains: 'licensing authority' includes Minister, Protected Zone Joint Authority, and their delegates","Detailed procedural requirements for log-books with multiple notice periods, publication requirements, and time calculations","Strict liability offences with evidential burden defences requiring reference to Criminal Code provisions","46-item table of international organisations for information sharing","Incorporation of external standards: Marine Orders, Australian Geodetic Datum 1966, Crimes Act intimate forensic procedure definitions"],"plain_english_summary":"These regulations manage fishing in the Torres Strait, the narrow stretch of water between northern Australia and Papua New Guinea. They cover three main areas:\n\n**1. Fishing Licences and Boat Rules**\n- Fishing boats need licences from the Minister or the Protected Zone Joint Authority (a body that manages the area jointly with Papua New Guinea)\n- Licences last 5 years for Australian boats\n- Fees must be paid before licences are granted, renewed or transferred\n- Boats must display a special \"T\" number in black on yellow background, visible from the air and sea\n- Masters must follow marine safety rules about lights and signals to prevent collisions\n\n**2. Record-Keeping and Log-books**\n- The Minister can require fishers to fill out log-books recording what they catch, where, and how it's sold\n- Masters must enter information by the day after fishing and submit records promptly\n- Log-book information is confidential — it's an offence to share it (5 penalty units fine)\n- The Minister decides which boats need log-books, for how long (up to 3 years), and where to get the forms\n\n**3. Detention of Suspected Illegal Foreign Fishers**\n- Officers who detain suspected illegal fishers must complete AFMA's \"Authorised Officer Training\" covering searches, detainee welfare, and control techniques\n- Officers can collect personal identifiers from non-citizens including: fingerprints, photos, iris scans, handwriting samples, tattoos/scars, height/weight measurements, and audio/video recordings\n- Officers must explain why identifiers are needed, how they'll be collected and used, and the person's privacy rights\n- Identifying information can be shared with Australian agencies (police, intelligence, prosecution services, fisheries departments) and 46 international fisheries organisations including Interpol and the UN\n- Video recordings can be provided to the Australian Human Rights Commission to investigate identification procedures\n\n**Who it affects:** Commercial fishers in the Torres Strait, boat owners and masters, Australian Fisheries Management Authority (AFMA) officers, and any foreign nationals detained for suspected illegal fishing.\n\n**Why it matters:** The regulations balance sustainable fishing management with Australia-Papua New Guinea joint authority arrangements, while establishing detailed procedures for identifying and processing suspected illegal foreign fishers that touch on significant privacy and human rights considerations."},"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":7,"scope_assessment":{"changed":false,"description":"These regulations implement and specify procedures, penalties and administrative requirements under the Torres Strait Fisheries Act 1984 rather than expanding or narrowing the Act’s substantive jurisdiction. The instrument prescribes how powers in the Act are to be exercised (publication/broadcast methods, licence terms and fees, boat marking, log‑book forms and periods, officer training and identification procedures, and authorised information disclosures) (see regs 3–6, 7, 10–12, 15, 16–26). The text does not itself amend the Act or purport to change the statutory scope; it supplies operational detail and discrete discretions to Minister/Protected Zone Joint Authority/AFMA subject to notice and publication requirements (reg 11, regs 24–26)."},"complexity_factors":["Numerous cross‑references to the Torres Strait Fisheries Act 1984 and Schedule 2, requiring reading of both instruments to understand scope (multiple regs: e.g. regs 3, 4A, 11, 15, 23–26).","Detailed operational rules (log‑book forms, periods, publication requirements) with procedural timing and publication channels (reg 11).","Multiple categories of regulated actors and data flows (Australian boats, foreign boats, masters/owners, officers, AFMA, Minister, many domestic agencies and international organisations — regs 7, 9, 24–26).","List and limits of acceptable personal identifiers and interaction with external statute (Crimes Act for intimate forensic procedures) (regs 16–18).","Mixture of administrative requirements, criminal offences and strict liability provisions that alter evidential burdens (regs 7(4), 8(2A), 9(3), 12(6), 13(1A)).","Fee structure delegated to Schedule 1 with technical definitions (boat length measurement) (reg 6 and Schedule 1).","Repeated procedural provisions (many sections repeat similar material), increasing navigational difficulty and risk of overlooking applicable clauses."],"plain_english_summary":"What this instrument does, in plain language\n\n- Sets detailed rules under the Torres Strait Fisheries Act 1984 for licensing, boat markings, log‑books, officer identity and the detention/identification of suspected illegal foreign fishers. The regulations operate as practical implementation of the Act: they prescribe how notices must be published and broadcast (regs 3–4), the term of certain licences (reg 4A), fees and how they are collected (regs 5–6), and technical requirements for boats and marking (reg 7).\n\nWho is directly affected\n\n- Boat owners and masters (Australian and foreign) who hold licences or endorsements: must display assigned distinguishing numbers (reg 7), keep and provide log‑books (regs 10–12), and comply with Marine Orders about lights/signals (reg 8).\n- Licensed operators pay fees set by Schedule 1 and cannot get, renew or transfer a licence until the fee is tendered (regs 5–6).\n- Officers and detention officers: the Secretary issues identity cards (reg 9) and AFMA’s Authorised Officer Training is specified as the minimum training (reg 15).\n- Non‑citizens detained as suspected illegal foreign fishers: the regulations list what personal identifiers may be taken and by what methods (regs 16–22) and set information an authorised officer must provide before identification tests (reg 19).\n- AFMA, the Minister and the Protected Zone Joint Authority: have powers and discretion to publish notices, determine log‑book forms and periods, exempt classes of boats from log‑book rules, and authorise disclosure of identifying information to named agencies and international bodies (regs 3, 4A, 11, 24–26).\n\nWhy it matters (mechanically)\n\n- Administrative mechanics: the regulations translate broad powers in the Act into operational rules — how to notify fishers (reg 3–4), what log‑book forms to use and who must fill them in and when (regs 10–12, 11), and how officers identify and record detained persons (regs 16–22).\n- Enforcement mechanics: the instrument creates specific offences and penalties (for example, failure to display distinguishing number or to lodge log‑book entries is punishable by fines: reg 7(3)(d)–(e), reg 12(4)); several offences are declared strict liability, which changes evidentiary requirements in prosecutions (regs 7(4), 8(2A), 9(3), 12(6), 13(1A)).\n- Information flow and sharing: AFMA may authorise disclosure of identifying information to a wide list of domestic agencies (reg 25) and to international organisations / regional fisheries bodies (reg 26), and may also permit certain video recordings to be provided to the Australian Human Rights Commission for inquiry purposes (reg 21).\n\nOfficial purpose-claim and immediate test against practical trade‑offs\n\n- The regulations present the official purpose that the measures support the objectives of the Act (for example, the Minister may publish log‑book forms “where the Minister is satisfied that information is required in pursuit of the objectives of the Act” (reg 10(1))). That is an enabling claim: the regulations provide mechanics for collecting and sharing information, identifying vessels and persons, and enforcing rules.\n\n- Costs and who pays: licence fees are payable by applicants and are a precondition to grant, renewal or transfer (regs 5–6). Compliance costs fall on masters and owners (boat marking, daily log‑book entries, furnishing log folios to an officer or the Department — reg 12(1),(3)). Fines for non‑compliance are prescribed (regs 7(3), 8(2), 12(4), 13(1)).\n\n- Incentives and behaviour changes: requiring visible distinguishing numbers and daily log‑book entries creates incentives for operators to maintain records and conspicuous markings to avoid fines (regs 7, 12). Mandatory identification tests and the list of allowable personal identifiers (regs 16–18) create an operational pathway for establishing identity of detained non‑citizens.\n\n- Bureaucratic discretion and decision points: the Minister or Protected Zone Joint Authority decide publication medium (reg 3), broadcast frequency (reg 4), which log‑book form applies where and for how long (reg 11(1)–(5)), and may exempt classes of boats from log‑book requirements (reg 11(6)). AFMA may authorise disclosure of identifying information and name agencies and organisations permitted to receive it (regs 24–26). Those are central discretion points that determine how and when the rules are applied.\n\n- Compliance burden and operational risks: daily log‑book requirements (reg 12) and the requirement to produce folios on demand (reg 12(3)) impose ongoing administrative work on vessel masters. Effective implementation relies on officer training (minimum course specified at reg 15). If training or administrative resourcing is insufficient, enforcement and correct data collection could be undermined.\n\n- Privacy, evidentiary and procedural safeguards provided in the instrument: the regulations limit certain intrusive procedures by reference to the Crimes Act 1914 definition of intimate forensic procedures (regs 16, 17, 18); authorised officers must inform non‑citizens about why and how identifiers will be collected and their rights under the Privacy Act and Freedom of Information Act (reg 19(1)–(2)). Secrecy rules bar unauthorised disclosure of log‑book information but permit disclosure for duties under the Act or by court order (reg 13).\n\n- Effects on private enterprise, competition and operations: the rules apply to both Australian and foreign boats licensed under the Act (reg 4A, reg 7). Fees and administrative obligations (marking, log‑books, furnishing records) increase operating costs and require administrative capacity. Requiring a distinguishing number and conspicuous marks (reg 7(1)–(3)) and daily reporting (reg 12) changes operational practices for vessel operators.\n\nConcentrated benefits, diffuse costs and capture risk (source‑grounded observation)\n\n- Concentrated benefits: the instrument centralises data collection and gives AFMA/Minister powers to control information flow and enforcement; those powers primarily benefit enforcement and management agencies (regs 10–11, 24–26).\n- Diffuse costs: many small operators bear routine compliance burdens (daily log entries, marking, fees) and exposure to financial penalties on non‑compliance (regs 5–7, 12).\n- Capture risk / rent-seeking: the text grants discretion to the Minister, Protected Zone Joint Authority and AFMA about publication, exemptions, forms, and authorised disclosures (regs 3, 11, 24–26). The regulation confines the exercise of those discretions to the instrument’s procedures (for example notice periods, publication in Gazette/newspaper) (reg 11(1)–(5)).\n\nImplementation notes and immediate practical points to watch\n\n- Enforcement uses strict‑liability offences in several places; defendants bear evidential burdens in relation to some defences (regs 7(4), 12(5), notes referencing the Criminal Code).\n- The Minister must publish determinations about log‑books in the Gazette and in a Queensland newspaper and allow set notice periods (reg 11(1)–(5)).\n- AFMA is the gatekeeper for disclosure authorisations (regs 24–26) and has a fixed list of domestic agencies and international bodies that may receive identifying information (regs 25–26).\n\nKey specific source citations used above: regs 3–7, 8, 9, 10–13, 14, 15, 16–22, 23–26, Schedule 1 (fees) and Schedule 3 (marking specifications referenced in reg 7)."}},"importantCases":[],"_links":{"self":"/api/acts/torres-strait-fisheries-regulations-1985","history":"/api/acts/torres-strait-fisheries-regulations-1985/history","analysis":"/api/acts/torres-strait-fisheries-regulations-1985/analysis","conflicts":"/api/acts/torres-strait-fisheries-regulations-1985/conflicts","importantCases":"/api/acts/torres-strait-fisheries-regulations-1985/important-cases","documents":"/api/acts/torres-strait-fisheries-regulations-1985/documents"}}