Ministerial directions in exceptional circumstances. Section 91 empowers the Minister to direct the Authority in writing concerning its functions and powers, but only if exceptional circumstances mean that non-direction would cause the Authority's activities to conflict with major government policies. The Minister must notify the Authority in advance, give the Chairperson or CEO an opportunity to discuss the proposed direction, and cause a Gazette notice and tabling within 15 sitting days. Where a Joint Authority manages a fishery under Division 3 of Part 5 of the Fisheries Management Act 1991, references to the Minister are taken to refer to the Joint Authority (section 91(5)).
CEO ministerial directions re foreign compliance. Section 10C gives the Minister an additional, case-specific direction power over the CEO's foreign compliance functions without requiring the exceptional circumstances threshold of section 91.
Commission delegation. The Commission may delegate any domestic fisheries management function or power to the CEO (section 92(1)). The CEO may sub-delegate to AFMA staff, committees, consultants, contractors, fisheries officers, and, importantly, primary stakeholders under a co-management arrangement (section 92(3)(f)). This last category is notable: it enables fishery stakeholders to exercise regulatory functions.
CEO delegation. The CEO may delegate foreign compliance functions to staff, committees, consultants, contractors, and fisheries officers under either the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 (section 93).
Fees. The Authority may charge reasonable fees for work done, services provided, or information given (section 94). Fees must not amount to taxation and are payable to the Commonwealth.
Information collection and disclosure. Section 7(1)(gaa) and (gb) authorise AFMA to collect and disclose information (including personal information and e-monitoring data) about possible breaches of Australian or foreign law, border control, fisheries administration, and research, in accordance with the relevant fisheries Acts or their regulations.
Consultation. Section 9 gives the Authority a broad power to consult with any persons, bodies, or governments having expertise or interests relevant to its functions, including industry representatives, recreational fishing groups, State and Territory governments, and scientific experts.
FIPC working groups. Under section 109, the Council may establish working groups for up to six months, extendable by resolution. Working groups prepare written reports for the Council, and dissenting members may require their views to be included in the report (section 109(8)).