Fisheries Management (E-monitoring Great Australian Bight Trawl Fishery) Direction 2025

The Direction revolves around a small set of core technical and compliance concepts which determine obligations and operational practice.

E-monitoring system (clause 4). The Direction defines an e-monitoring system as AFMA‑approved equipment and peripherals that can record, store and transmit a boat’s position and activity; record, store and transmit the e-monitoring system’s status; and record (including visually) and store all fishing events. The textual scope is equipment-oriented and functional: recording, storage and transmission of positional, operational and visual information are mandatory capacities.

Data drive (clause 4). A data drive is a component of the e-monitoring system that can store e-monitoring data and can be removed by the operator. The definition explicitly excludes removable Random Access Memory. The instrument therefore delineates the removable storage medium that operators must handle and exchange.

Fishing event (clause 4). This term is defined to include setting and hauling a net, pumping catch and handling bycatch. The definition identifies specific onboard activities the system must record; thus obligations to "record all fishing events" (clause 5(2)) are tethered to a finite list of activities.

Contractor and supply chain (clause 4; clause 5(1)). AFMA or the Contractor supplies and installs the system. The instrument therefore centralises initial procurement and installation control with AFMA and its contractor, rather than leaving equipment selection entirely to concession holders.

Operational standard of behaviour: "all reasonable steps" (clauses 5(2), 6(2) and 6(3)-(6)). Multiple obligations are expressed as taking "all reasonable steps" to achieve outcomes (keeping systems operational, repairing, and exchanging drives). The phrase imposes a reasonableness-standard rather than absolute strict liability, leaving assessment of compliance fact-dependent.

Testing, maintenance and reporting requirements (clause 6(1)-(2)). The Direction specifies system function tests: immediately after a data-drive exchange, prior to a new trip, on reasonable suspicion of fault, and after inactivity greater than 14 days (clause 6(1)(a)(i)-(iv)). It also requires reporting suspected issues "as soon as practicable" (clause 6(1)(b)), cleaning camera lenses, and keeping camera views unobstructed and well-lit (clause 6(1)(c)-(d)). These are affirmative maintenance duties that structure everyday operator behaviour.

Data-drive lifecycle and logistics (clause 6(3)-(5)). Drives must be exchanged and returned to AFMA at specified triggers (capacity reached, failure and replacement, the first landing of every month, or AFMA/Contractor instruction). Removal must follow packaging in an AFMA preaddressed package, via registered post at the concession holder’s expense, and be posted within 24 hours of returning to port (clause 6(4)(a)-(b)). Installation of new drives must follow AFMA/Contractor/manufacturer instructions (clause 6(5)). The Direction therefore prescribes chain-of-custody procedures and timeframes for data transfer to AFMA.

Evidentiary/administrative inquiry powers (clause 7). AFMA may require a written statement covering particular facts about loss, theft, damage, handling, reasons for non-operation, times/places of handover, and names/addresses of persons who interacted with the system. Failure, without reasonable excuse, to comply with such a request within a reasonable time is prohibited (clause 7(1)-(2)).

Limited operational exception (clause 5(3)). The e-monitoring system may be powered off if the nominated boat is in port and has an operational Vessel Monitoring System installed. This is a narrowly drawn exception to continuous operation and ties the exception to an operational VMS on the vessel.

Commencement for s40A(3) purposes (clause 6(6)). The instrument makes clear that obligations prescribed in clause 6 commence on the day the e-monitoring system is first installed for the purposes of s40A(3) of the Act; the instrument therefore fixes a triggering point for certain Act-related obligations.

Cross-reference to external definitions (clause 4, note). The Direction notes that expressions such as boat, e-monitoring, fishing concession, holder and fish are defined in s4 of the Fisheries Management Act 1991 and s3 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. The instrument therefore relies on those external legal definitions for basic terms.

Taken together, these concepts prescribe a functional e-monitoring regime focused on continuous recording of defined fishing events, operator maintenance duties, discrete data-handling procedures, and AFMA’s ability to obtain statements about system incidents.

The Direction identifies a narrow population of regulated persons and specifies a small group of third parties with operational roles.

Concession holders and their agents (clauses 5-7). The primary regulated actors are "a concession holder (or person acting on behalf of the concession holder) fishing in the Great Australian Bight Trawl Fishery" (clause 5(1) and throughout). Obligations are repeatedly framed to apply equally to concession holders and persons acting on their behalf (use of the parenthetical phrase appears in clauses 5-7). Therefore both the licence-holder and any authorised representative or crew member who performs relevant acts on the holder's behalf will carry operational duties, such as ensuring installation and functioning, performing tests, exchanging data drives, arranging repairs, and providing statements to AFMA.

Boats nominated by concession holders (clause 5(1)). Duties attach to a nominated boat where the e-monitoring system must be installed and operating. The instrument is boat-centric: the regulated behaviour concerns installation, power state, and data capture on a specified vessel.

AFMA and the Contractor (clauses 4, 5(1), 6(3), 6(4)). AFMA is both the issuing agency and the party that may supply and install the system. The Contractor (defined in clause 4) is the party contracted as AFMA’s agents to provide e-monitoring systems and associated services. The Contractor will be a central operational actor: they supply/install equipment, may issue replacement data drives, and receive fault reports (clause 6(1)(b), clause 6(3)(d)). The Direction places logistical duties on concession holders (packaging, posting, purchase of replacements in certain circumstances) while conferring supply and installation functions on AFMA/the Contractor.

Persons who interact with the e-monitoring system (clause 7(1)(c)). AFMA may require names and addresses of any person employed or engaged by the concession holder who had any interactions with the e-monitoring system while operating, off, or in sleep/idle mode. This extends AFMA’s administrative reach to crew, technicians or third parties who handle the system, in order to support AFMA’s investigatory requests.

Postal and courier services, and manufacturers (clauses 6(4)-(5)). The Direction mandates use of registered post for returning data drives in AFMA preaddressed packaging and requires installation per AFMA/Contractor/manufacturer instructions. While not directly regulated by the Direction, postal and manufacturer processes become relevant operational constraints borne by concession holders.

Who pays. Financial obligations are primarily borne by the concession holder: postage for returns is explicitly at the concession holder’s expense (clause 6(4)(a)), and if an AFMA- or Contractor-supplied system becomes beyond repair the concession holder is responsible for purchasing a new e-monitoring system that complies with AFMA technical requirements (clause 6(2)(c)). The Direction does not describe any AFMA-paid replacement regime.

Who decides. AFMA decides on the approved equipment and issues instructions about installation and data-drive exchanges; AFMA or the Contractor supplies and installs the e-monitoring system (clause 5(1)). AFMA also requires statements under clause 7 and can instruct data-drive exchange (clause 6(3)(d)).

In sum, the Direction principally affects concession holders and their representatives, places operational and cost-bearing obligations on them, and situates AFMA (and its Contractor) as central decision-makers for equipment provision, technical instructions and evidentiary inquiries.

The Direction imposes affirmative duties, limited allowances, and administrative powers rather than creating novel private rights. Duties are concrete, time‑triggered and procedural; rights are limited to those implicitly contained in the limited exception to operation and the reliance on AFMA-supplied equipment.

Primary duties

• Installation and operation (clause 5(1)-(2)). Concession holders must have an AFMA- or Contractor-supplied e-monitoring system installed and operating on a nominated boat. They must take "all reasonable steps" to ensure the system is operational at all times and capable of recording all fishing events. The duty is continuous and performance-based.

• System testing and maintenance (clause 6(1)). Concession holders must undertake system function tests immediately after a data-drive exchange, prior to starting a new trip, when there is reasonable suspicion of issues, and after any inactivity over 14 days (clause 6(1)(a)(i)-(iv)). They must report suspected issues to AFMA or the Contractor "as soon as practicable" (clause 6(1)(b)), clean camera lenses to maintain a clear field of view (clause 6(1)(c)), and keep camera views unobstructed and well-lit (clause 6(1)(d)). These tasks impose both technical and routine visual-verification duties.

• Repair and notification (clause 6(2)). If the system stops operating, concession holders must take all reasonable steps to have it repaired as soon as practical after returning to port, and notify AFMA as soon as they become aware the system is not functioning (clause 6(2)(a)-(b)). If an AFMA/Contractor-installed system is beyond repair, the concession holder must purchase a new compliant e-monitoring system (clause 6(2)(c)).

• Data-drive exchange and handling (clause 6(3)-(5)). Concession holders must exchange and return the data drive to AFMA upon specified triggers: capacity reached, failed system test and replacement issued, first landing of every month, or AFMA/Contractor instruction (clause 6(3)). They must remove the data drive, package it in AFMA preaddressed packaging, send it by registered post at their expense and post within 24 hours of returning to port (clause 6(4)). They must install replacement drives per AFMA/Contractor/manufacturer instructions (clause 6(5)). These duties create binding chain-of-custody, timing and procedural obligations.

• Statement-giving (clause 7(1)-(2)). AFMA may require a written statement setting out facts about loss, theft or damage; times/locations of handover; names/addresses of persons who interacted with the system; reasons for non-operation; and other matters relating to installation, carriage, use, maintenance or monitoring (clause 7(1)(a)-(e)). Failure, without reasonable excuse, to comply with such a request within a reasonable time is prohibited (clause 7(2)).

Limited allowance

• Powering off the e-monitoring system in port (clause 5(3)). The only explicit allowance to switch off the e-monitoring system is when the nominated boat is in port and has an operational Vessel Monitoring System installed. This is a narrowly defined exception and is conditional.

Administrative powers and equipment control

• Supply and installation by AFMA/Contractor (clause 5(1)). AFMA or the Contractor supply and install the equipment. This positions AFMA to control technical specifications and initial configuration.

• AFMA’s instruction-making role (clause 6(3)(d), clause 6(5)). AFMA or the Contractor may instruct when drives must be exchanged; installation must follow AFMA/Contractor/manufacturer instructions. AFMA can demand particulars via clause 7.

Rights and omissions

• The Direction does not create express private rights such as compensation for replacement systems or explicit data‑access rights for concession holders beyond installing replacement drives per instructions. It also does not specify administrative appeal pathways within the instrument; any such mechanisms would be located in the Fisheries Management Act or other instruments (the Direction itself makes no provision for appeals).

• The instrument does not assign explicit penalties within its text for failure to comply with most duties; it does prohibit failure to comply with AFMA’s statement request without reasonable excuse (clause 7(2)), but it does not specify the sanction within the Direction.

Standards and uncertainty

• Many obligations are framed as taking "all reasonable steps" or acting "as soon as practicable" or within a "reasonable time." These are flexible standards requiring fact-specific assessment; the Direction does not define them further. The operational consequences for close-call compliance will therefore depend on external enforcement practice or judicial interpretation under the governing statute.

In short, concession holders must host AFMA-supplied e-monitoring equipment, maintain and test it on a prescriptive schedule, manage data drives on a frequent timetable, purchase replacements in certain circumstances, and respond to AFMA investigatory requests; rights for concession holders are largely procedural and limited within the instrument’s text.

The Direction itself is not framed primarily as a penalties instrument; it prescribes duties and a limited administrative remedy (AFMA’s requirement for statements). The text contains a single direct prohibition backed by an implied enforcement expectation, and otherwise relies on the underpinning statutory authority in s40A(1) of the Fisheries Management Act 1991 (clause 3).

Express enforcement provision

• Failure to comply with a statement request (clause 7(2)). The instrument states that a concession holder (or person acting on their behalf) must not, without reasonable excuse, fail to comply with a request under clause 7(1) to give a statement to AFMA within a reasonable time period. The Direction does not itself specify the consequence (such as a fine, suspension or criminal offence) within its text. It therefore imposes a duty with a labelled fault standard ("without reasonable excuse") but leaves specification of sanctions to the governing Act, regulations, or other enforcement instruments,none of which are included in the text of this Direction.

Implied enforcement architecture

• Statutory basis (clause 3). The Direction is made under s40A(1) of the Fisheries Management Act 1991. Enforcement mechanisms, penalties, or remedies under that Act or other relevant statutes are not reproduced in the Direction. The instrument therefore relies on the Act for any formal enforcement regime, and the Act would be the place to look for civil or criminal sanctions, administrative penalties, directions or suspension powers. The Direction itself does not enumerate financial penalties, suspension rights, or criminal offences beyond the clause 7(2) prohibition.

Operational compliance tools

• AFMA’s operational role (clauses 5-6). AFMA and the Contractor supply/install equipment, may instruct drives exchanges and receive reports and drives. These operational controls provide AFMA with practical leverage to monitor compliance (for example, by inspecting returned data drives, cross-checking posted times, or reviewing statements required under clause 7), but the Direction does not set out inspection powers or penalty schedules,it confines itself to duties and AFMA’s information requests.

Enforcement uncertainty and standards

• Reasonableness standards (clauses 5(2), 6(1)-(2), 7(2)). The instrument uses standards such as "all reasonable steps", "as soon as practicable", and "reasonable time", which introduce discretion in assessing non-compliance. The Direction does not supply guidance on how AFMA will interpret these standards or what evidence will be required to show compliance or reasonable excuse. That leaves AFMA’s enforcement approach and any relevant provisions of the Fisheries Management Act to determine outcomes in contested cases.

Practical effects

• The Direction imposes numerous procedural requirements that are enforceable in practice by AFMA’s control of equipment provisioning and receipt of data drives and statements. However, within the instrument itself, neither a schedule of penalties nor explicit enforcement processes are set out; instead, the Direction is an instrument that creates duties and a duty-to-give-statement obligation whose enforcement would be governed by the parent Act and AFMA’s operational processes.

In summary, the Direction prescribes duties and empowers AFMA to require explanatory statements; it does not, on its face, prescribe specific penalties, leaving sanctions and formal enforcement mechanisms to the Fisheries Management Act and related instruments, and to AFMA’s operational controls.

The Direction explicitly cross-references provisions and instruments outside its text and thereby interacts with existing statutory instruments and management plans.

Statutory foundation (clause 3). The Direction is made under s40A(1) of the Fisheries Management Act 1991. That statutory foundation determines the legal character of the Direction as a subordinate instrument issued pursuant to the Act. Any enforcement powers, detailed sanctions or appeal pathways not contained in the Direction would be governed by the Fisheries Management Act and other statutory instruments, not by this Direction itself. The Direction therefore sits subordinate to the Act.

Definitions and management plan cross-references (clause 4, note). The instrument notes that several expressions used in the Direction , including boat, e-monitoring, fishing concession, holder and fish , are defined in section 4 of the Fisheries Management Act 1991 and section 3 of the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003. This anchors the Direction’s operative terms to external definitions and indicates that interpretation of those terms must be consistent with the Act and the referenced Management Plan.

Vessel Monitoring Systems (clause 5(3)). The Direction permits powering off an e-monitoring system only when the nominated boat is in port and "the nominated boat has an operational Vessel Monitoring System installed." That provision establishes a dependency between this Direction and any statutory or regulatory framework governing Vessel Monitoring Systems (VMS). The Direction therefore presumes the existence and operational status of VMS under the wider regulatory regime for vessels, linking obligations under this Direction to requirements or definitions that govern VMS in other instruments.

Interaction with AFMA contracting arrangements (clauses 4, 5(1), 6(3)(d), 6(5)). The instrument places supply and installation with AFMA or the Contractor, and allows AFMA/the Contractor to issue instructions for data-drive exchange. That embeds contractual relationships (between AFMA and its Contractor, and between concession holders and third parties) into the operational implementation of this Direction. The practical operation of those contracts, including warranties, liability for faulty equipment and service levels, will affect compliance but are not specified in the Direction.

Postal and transport laws (clause 6(4)). The Direction requires use of registered post for returning data drives in AFMA preaddressed packaging and imposes a 24-hour posting requirement after returning to port. The instruction interacts with postal service rules and chain-of-custody considerations arising under postal, transport and evidentiary regimes. The Direction does not displace those laws, it prescribes a method that will bring in postal/courier contractual and regulatory requirements in practice.

Evidence and administrative procedure (clause 7). AFMA’s power to require statements that specify times, locations, names and addresses of personnel who interacted with the system intersects with privacy, records and administrative law frameworks expected to be relevant to the use and handling of personal information by a government agency. The Direction does not itself address privacy law or records retention requirements; those interactions will be governed by the Privacy Act and AFMA’s own administrative policies, which are external to this instrument.

Commencement table note (clause 2). The Direction includes a commencement table and a note that the table relates only to provisions as originally made and will not be amended in later published versions. That procedural notice governs how the Directive’s commencement information is to be treated in consolidated versions but does not alter substantive obligations.

Limitations in the instrument

• The Direction references external definitions and the statutory foundation, but it does not set out the detailed enforcement regimes, rights of review or appeal, or penalties, which are matters for the Fisheries Management Act or other instruments. Therefore practitioners assessing compliance and enforcement must consult the Act and any relevant management plans or regulations.

• The Direction establishes procedural obligations that will intersect in practice with contractual relationships (AFMA/Contractor; concession holder/manufacturer), postal and transport law, evidentiary procedures, and privacy regimes; however, the Direction itself does not reconcile potential conflicts or prioritise external regimes.

In summary, this Direction is designed to operate within the Fisheries Management Act framework, relies on definitions in the Act and a management plan, ties into existing VMS requirements, and delegates operational control to AFMA and its Contractor while leaving substantive enforcement detail and broader legal interactions to the parent legislation and other instruments.

The Direction records its date of making and commencement details and includes a specific note governing how commencement information is treated in published versions, but contains no subsequent amendment entries within its text.

Original making and commencement (clauses 1-2). The instrument identifies its name as the Fisheries Management (E-monitoring Great Australian Bight Trawl Fishery) Direction 2025 (clause 1). Clause 2 contains a commencement table that states "The whole of this instrument commences on 1 July 2025." The table is explicitly presented as relating only to the provisions "as originally made" (clause 2, note).

Publication and editorial note (clause 2(2)). Clause 2(2) records that any information in column 3 of the commencement table is not part of the instrument and may be edited in any published version. That is a standard drafting device noting that certain ancillary information in commencement tables is editorial and not part of the instrument’s substance.

No internal amendment clauses. The Direction contains no clauses that amend earlier instruments, nor does it contain any provision that saves, suspends or modifies pre-existing statutory rules other than by directing e-monitoring obligations under s40A(1) of the Fisheries Management Act 1991 (clause 3). There are no transitional provisions apart from clause 6(6), which clarifies when clause 6 obligations commence for s40A(3) purposes: "the obligations prescribed in clause 6 commence on the day the e-monitoring system is first installed."

No recorded later amendments within the text. The text as provided does not include any amendment history entries, repeal provisions, savings clauses, or variation clauses. The clause 2 note explicitly states the commencement table relates only to the instrument "as originally made" and will not be amended in later published versions; this indicates that the instrument, as published now, records only its original commencement particulars.

Practical implication for users. Because the instrument contains no internal amendment history, practitioners must consult later consolidated instruments or official registers to determine whether subsequent amendments, replacements or repeals exist. The Direction itself provides only the original making date (24 June 2025) and the specified commencement date (1 July 2025).

In short, within the text provided the Direction is an original instrument made in June 2025 with commencement on 1 July 2025; no amendments, variations or repeal provisions are recorded in the instrument’s text.

The Direction itself contains no references to litigation, court decisions, or administrative appeals. The text names no cases and records no past adjudications or disputes about its content.

Absence of litigated precedents in the instrument. The Direction does not cite any judicial or tribunal authority, does not summarise prior litigation, and includes no internal record of legal challenges or interpretative decisions. There are therefore no cases mentioned within the instrument that interpret or apply its provisions.

Consequences for legal research. Because this instrument does not incorporate or reference litigation history, any assessment of enforcement risk or contested interpretation must rely on external sources: case law under the Fisheries Management Act 1991, administrative law decisions involving AFMA, or disputes concerning e-monitoring obligations in other fisheries. Those materials are not contained in this Direction and must be located outside the text.

Practical caution. The Direction uses reasonableness standards ("all reasonable steps", "as soon as practicable", "reasonable time") which, in many legal contexts, are interpreted in light of prior jurisprudence. This instrument supplies no internal guidance on the interpretation of those standards, so the practical application in contested circumstances will depend on jurisprudence under the Fisheries Management Act and administrative law principles as applied by courts and tribunals. The Direction itself does not supply a litigation record to indicate how such standards will be applied in practice.

If litigation arises after commencement. The instrument does not provide procedural guidance about dispute resolution or appeals. Any litigation concerning compliance, enforcement, or interpretation will be decided in external fora and recorded outside the instrument. Users should therefore monitor courts and tribunals for decisions that reference this Direction once it is in operation.

In summary, the Direction as published contains no litigation history and names no cases; interpretative questions and enforcement disputes will be resolved by reference to external statutory law and any future case law produced after its commencement.

The Direction contains several operational, timing and evidentiary features that pose practical compliance risks if overlooked. These are concrete traps grounded in the instrument’s wording.

Data drive is limited but removable, RAM excluded (clause 4). The definition of data drive excludes removable Random Access Memory. Operators who assume any removable memory component qualifies as a "data drive" risk non-compliance if the medium they handle does not meet the instrument’s definition. Practically, only the component designated as the data drive in AFMA/Contractor instructions will meet the exchange obligations.

Supply and installation by AFMA/Contractor (clause 5(1)). The Direction requires that the installed e-monitoring system "is supplied and installed by AFMA or the Contractor." Concession holders cannot unilaterally source or install systems outside AFMA’s supply chain for initial installation. Any deviation risks being outside the Direction’s intended installation regime.

"All reasonable steps" standard (clauses 5(2), 6(2)). Many obligations require taking "all reasonable steps" to keep systems operational and to arrange repairs. This is a fact-sensitive standard. There is no internal elaboration as to what constitutes reasonable steps (for example, how quickly a spare part must be sought or what technicians must be engaged). Operators must be prepared to demonstrate the steps they took.

Frequent mandatory testing triggers (clause 6(1)(a)). System function tests are mandatory at specific times: immediately after a data-drive exchange, before starting a trip, whenever there is reasonable suspicion of a fault, and after more than 14 days of inactivity. Missing these triggers, particularly the immediate post-exchange test or failure to test after 14 days’ inactivity, is a discrete compliance failure even if no system fault exists.

Data-drive posting deadline and cost (clause 6(4)). Data drives must be packaged in AFMA preaddressed packages and posted by registered post at the concession holder’s expense, and posted within 24 hours of returning to port. This creates a tight logistical window; failure to post within 24 hours may be treated as non-compliance. The cost of registered post is expressly borne by the concession holder. The Direction does not create a grace period.

Monthly compulsory exchange (clause 6(3)(c)). Regardless of capacity or faults, data drives must be exchanged and returned to AFMA at the first landing of every month, or upon AFMA/Contractor instruction, whichever occurs first. Operators who do not land during a month still need to plan for the first landing event in which to exchange the drive.

Replacement purchase obligation (clause 6(2)(c)). If an AFMA- or Contractor-installed system "stops operating and is beyond repair," the concession holder is responsible for purchasing a new e-monitoring system that complies with AFMA technical requirements. Operators may therefore face unexpected capital expenditure if the system is irreparable and AFMA/Contractor warranties or replacement provisions do not cover the cost.

Chain-of-custody evidence is required (clause 7(1)(b)-(c)). AFMA can require statements specifying the time, date and location of handover of the data drive and names and addresses of persons who interacted with the system. Failure to keep contemporaneous records documenting who handled the drives, when and where may leave operators unable to respond fully to AFMA’s request.

Narrow power-off exception tied to VMS (clause 5(3)). The only explicit circumstance where the e-monitoring system may be powered off is when the nominated boat is in port and has an operational VMS. Operators expecting to pause e-monitoring during repairs offshore, or during other non-port situations, will not be authorised under this instrument.

Timing for s40A(3) obligations (clause 6(6)). Clause 6 obligations commence "on the day the e-monitoring system is first installed" for s40A(3) purposes. This is a specific trigger and may create immediate compliance obligations at installation,operators must be ready to meet clause 6 duties from that day.

Reporting deadlines ambiguous for "reasonable time" and "as soon as practicable" (clauses 6(1)(b), 7(2)). The Direction uses flexible time standards for reporting faults and for responding to AFMA’s statement requests. Ambiguity around these standards can become a compliance risk where operators rely on subjective interpretations; evidence of efforts to report promptly will be material.

Installation and replacement instructions (clause 6(5)). Operators must install new data drives following AFMA, the Contractor, or manufacturer instructions. Deviating from prescribed procedures may render a drive exchange non-compliant even if the timing and postage were otherwise correct.

Preaddressed packaging requirement (clause 6(4)(a)). Returning a data drive in packaging not issued or approved by AFMA may fail the Direction’s procedural test. Operators should not improvise packaging or use different labelling because the instrument requires AFMA preaddressed packaging.

Evidentiary exposure for crew and contractors (clause 7(1)(c)). AFMA may request names and addresses of persons employed or engaged by the concession holder who had interactions with the e-monitoring system. Concession holders should be aware that third-party contractors, technicians and crew may be the subject of investigative requests and must keep appropriate records.

Collectively, these provisions place a premium on precise procedural compliance, record-keeping, immediate testing and reporting, and readiness to bear some costs for postage and replacement hardware. Missing any of the specified procedural triggers can create discrete compliance exposures.

This section provides an actionable checklist of steps and documentation practices tied directly to the Direction’s provisions. Each item maps to the clause(s) that create the duty.

Before first use (installation and priming)

• Accept and install an e-monitoring system supplied and installed by AFMA or the Contractor (clause 5(1)). Do not self-install for initial provisioning unless authorised by AFMA/Contractor.
• Be ready to meet clause 6 duties on the day of first installation, because clause 6(6) makes clause 6 obligations commence on that day.

Daily and trip-related duties

• Ensure the e-monitoring system is operational and capable of recording all fishing events whenever the vessel is at sea. The standard is to "take all reasonable steps" to keep it operational at all times (clause 5(2)).
• Conduct a system function test immediately prior to starting each trip (clause 6(1)(a)(ii)). Record the date/time and outcome of the test in a maintenance log.

After data-drive exchanges and inactivity

• Perform a system function test immediately after any data-drive exchange (clause 6(1)(a)(i)).
• Perform a system function test after any period of inactivity greater than 14 days (clause 6(1)(a)(iv)).
• If there is a reasonable suspicion of an issue, perform a function test and report any suspected issues as soon as practicable to AFMA or the Contractor (clause 6(1)(a)(iii); clause 6(1)(b)).

Maintenance and visual integrity

• Clean camera lenses regularly and whenever visibility is impaired to maintain a clear field of view (clause 6(1)(c)).
• Ensure camera views of fishing events remain unobstructed and well-lit (clause 6(1)(d)). Keep a simple checklist for cleaning and lens checks and note dates/times.

Handling failures and repairs

• If the system stops operating, take "all reasonable steps" to have it repaired as soon as practical after returning to port (clause 6(2)(a)).
• Notify AFMA as soon as the concession holder becomes aware the e-monitoring system is not functioning (clause 6(2)(b)). Document the time and means of notification.
• If AFMA- or Contractor-installed equipment is assessed as beyond repair, be prepared to purchase a new system that complies with AFMA technical requirements (clause 6(2)(c)). Establish a procurement contact or contingency plan for replacement hardware.

Data-drive exchanges and logistics

• Plan for data-drive exchange triggers: when capacity is reached, if a drive fails a system test and replacement is issued, at the first landing of every month, or when instructed by AFMA or the Contractor (clause 6(3)(a)-(d)). Track monthly landings to ensure you do not miss the "first landing of every month" exchange requirement.
• Remove the data drive and package it in the AFMA preaddressed package (clause 6(4)(a)). Do not substitute packaging unless authorised.
• Post the data drive by registered post at the concession holder’s expense, and ensure posting occurs within 24 hours of returning to port (clause 6(4)(a)-(b)). Keep receipts or tracking numbers for proof of postage.
• Install a new or replacement data drive following instructions from AFMA, the Contractor, or the manufacturer (clause 6(5)). Log the serial number of the replacement drive and record that the manufacturer’s/AFMA’s instructions were followed.

Record-keeping and evidence

• Maintain a contemporaneous log capturing: system function tests (dates, times, outcomes), maintenance actions (lens cleaning, camera adjustments), fault reports and AFMA/Contractor communications, dates/times of data-drive removals and postings, registered-post tracking numbers, repair attempts and invoices, and any interactions with third parties concerning the e-monitoring system.
• Retain proof of postage and packaging for every data-drive exchange to substantiate compliance with the 24-hour posting rule (clause 6(4)(b)).

Responding to AFMA information requests

• If AFMA requires a written statement under clause 7(1), prepare to provide particulars specified by the Direction: facts about loss/theft/damage; time/date/location of handover; names and addresses of persons who interacted with the system; reasons for non-operation; and other matters about installation, carriage, use, handling, maintenance or monitoring (clause 7(1)(a)-(e)).
• Provide the requested statement within a reasonable time. The Direction makes it an offence to fail to comply without reasonable excuse (clause 7(2)). Preserve records and contemporaneous notes to support statements.

Operational exception

• Only power off the e-monitoring system when the vessel is in port and has an operational Vessel Monitoring System installed (clause 5(3)). Do not power off for other reasons unless AFMA provides express permission.

Contractor and manufacturer interactions

• Use AFMA or Contractor channels for reporting suspected issues "as soon as practicable" (clause 6(1)(b)). Keep records of communications and ticket/reference numbers.
• Follow manufacturer instructions for installing new data drives; do not improvise installation steps that contradict guidance (clause 6(5)).

Financial preparedness

• Budget for registered-post fees for each data-drive exchange and for potential capital expenditure to purchase a replacement system if an AFMA/Contractor-supplied system is deemed beyond repair (clause 6(2)(c); clause 6(4)(a)).

Demonstrating "reasonable steps"

• Because duties are framed as "all reasonable steps", document actions taken to maintain the system and respond to faults (service invoices, parts ordered, dates of communications, steps taken during downtime). Good documentary practice is the central means to demonstrate compliance with reasonableness standards.

Practical checklist summary

1. Confirm AFMA/Contractor installation and record the installation date (clause 5(1); clause 6(6)).
2. Run and log a function test immediately after installation and after every data-drive exchange, before each trip, and after >14 days inactivity (clause 6(1)(a)).
3. Keep camera lenses clean and fields of view unobstructed and well-lit; log such maintenance (clause 6(1)(c)-(d)).
4. If system stops, report to AFMA/Contractor ASAP and arrange repair on return to port (clause 6(2)(a)-(b)).
5. Exchange data drives per triggers and return in AFMA preaddressed package by registered post within 24 hours of return to port; retain tracking evidence (clause 6(3)-(4)).
6. Install replacement drives per AFMA/Contractor/manufacturer instructions and log serial numbers (clause 6(5)).
7. Keep comprehensive logs to respond promptly to AFMA’s statement requests and to demonstrate reasonable efforts (clause 7(1)-(2)).

Following these steps maps directly to the clauses of the Direction and provides a documented trail that concession holders can use to evidence compliance with the instrument’s prescriptive procedural requirements.