47Regulations

47 Regulations (1) The Administrator may make regulations under this Act. (2) A regulation may make provision for or in relation to the following: (a) generally regulating fishing, the selling or trading of fish and aquaculture; Fisheries Act 1988 66 (ab) managing a fishery, or a designated area within a fishery, through a quota system; (ac) authorising the Minister to determine, by Gazette notice, any matter required for the operation of a quota system; (b) prohibiting or regulating the taking (including declaring closed or open seasons), buying, selling, marketing, transporting, processing, preparing or offering for consumption in any public eating-house, acquiring, receiving, disposing of, or having in possession any fish; (c) regulating the provision and maintenance of facilities on vessels, vehicles or other conveyances, or in premises, for the handling, transportation, preservation, preservation alive, storage, or storage in transit of fish; and prescribing measures to protect from sun, weather, or contamination, any fish being handled or transported; (d) regulating the quantity of fish that may at any one time be on board a vessel or vehicle or other conveyance or be conveyed on any vessel or vehicle or other conveyance or animal, or kept in any container, or place, or in the possession of any person or of any prescribed number of persons; (e) empowering the Minister or Director to prescribe, by notice in the Gazette, fees or levies, and prescribing the method of assessing the fees or levies, the amounts payable, the person liable for payment, and the circumstances in which the Minister or the Director may remit or refund the whole or any part of such fees or levies; (f) defining or prescribing the specifications for the vessels or classes or types of vessels to which any regulations are to apply, and providing for the exemption of any vessels or classes or types of vessels from any such regulations; (g) regulating, prohibiting, or prescribing the use, size, design, construction materials, or quantity of fishing gear; (h) prescribing the method or methods of identifying vessels, specifying identification marks or symbols or distinguishing flags to be carried by vessels and by tender vessels and similar vessels carried by or attached to or used in conjunction with any vessels, and where any such identification marks shall be placed, and the identification marks on sails, nets or seines, or other fishing gear; (j) the conduct of licensees, persons working with or for licensees, lessees, persons who are carrying out amateur Fisheries Act 1988 67 fishing, and persons who process, carry, land, trans-ship (whether at sea or otherwise), sell, or buy fish, or make, repair, or sell gill net; (k) noxious species, exotic fish, and other fish; (m) hygiene on vessels and in the use of plant, fishing gear, containers, equipment, and vehicles; (n) diseases, disease prevention and control, quarantine and quarantine places; (p) the granting of permits for the landing or sale of fish lawfully taken in Territory waters or elsewhere under a law of the Commonwealth, a State or another Territory; (q) registering vessels, and specifying conditions subject to which a vessel may be registered; (qa) fishing monitoring and vessel monitoring, including authorising the Director to require all holders of a class of licence or permit, or all owners of a class of registered vessel, to install and operate fishing monitoring equipment or a vessel monitoring system or both on a vessel; (r) prohibiting or regulating the granting, renewal, or transfer of licences (in whole or in part), determining the number of licences that may be granted in respect of any fishery or the number of persons that may fish in a fishery, and specifying the conditions subject to which a licence may be granted, renewed, or transferred; (s) regulating, restricting, or imposing conditions on the canning, smoking, freezing, or other preserving of fish for sale and its possession for sale when canned, smoked, frozen, or otherwise preserved, and providing for the inspection of and imposing conditions of operation on canneries, smokehouses, freezing chambers, refrigerating works, and any premises (not being a dwelling-house) where fish are canned, smoked, frozen, preserved, treated, dressed, or stored, for sale; (t) requiring and authorising the provision of devices and facilities to permit or control the passage of fish through or around any dam or other structure that may impede the natural movement of fish upstream or downstream; (u) prohibiting or regulating the possession, the retention in captivity, or the transfer to or release into any waters, of any live fish; Fisheries Act 1988 68 (w) authorising the Director, subject to such conditions as may be prescribed in the Regulations, to regulate the use of electric fishing devices for taking fish. Examples for subsection (2)(ac) 1 Total allowable catch. 2 The allocation of total allowable catch between licensees. (3) Regulations under this section may be made with respect to aquatic life as regulations may be made with respect to fish. (4) Regulations under this section may apply special conditions or confer special rights in relation to fishing by or under the authority of specified communities, persons, or classes of persons (including tour operators). (5) Money payable by way of refund under regulations made under subsection (2)(e) is to be paid from the public money of the Territory and the appropriation for that purpose is established or increased to the extent necessary. (5A) The Regulations may deem a person to be in possession of fish in prescribed circumstances. (5B) The Regulations may: (a) subject to paragraph (b), for an offence against a regulation, prescribe a fine not exceeding 170 penalty units and, if the offence is a continuing one, prescribe a further fine not exceeding 4 penalty units for each day after the first day during which the offence has continued; and (b) for an offence against a regulation that is an offence of strict liability, prescribe a penalty not exceeding 100 penalty units. (6) The Regulations may prescribe different penalties for different classes of offender for an offence against the Regulations.