CTHRepealedLegislation
Fisheries Management Regulations 1992
Part 12Incidental catch of seabirds
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## Part 1—Preliminary
#### 1 Name of Regulations
These Regulations are the Fisheries Management Regulations 1992.
#### 3 Interpretation
(1) In these Regulations, unless the contrary intention appears:
> Act means the Fisheries Management Act 1991.
> Australian port means a port in Australia or an external Territory.
> authorised area, in relation to a foreign boat, means an area in the AFZ in which the boat may be used to take, process or carry fish under a foreign fishing licence.
> boat statutory fishing right means a statutory fishing right to use a boat in a managed fishery granted under any of the following:
(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Northern Prawn Fishery Management Plan 1995;
(c) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(d) the Western Tuna and Billfish Fishery Management Plan 2005.
> coast radio station means an Australian coast radio station operated by the Overseas Telecommunications Corporation or the Australian and Overseas Telecommunications Corporation.
> concession holder means the holder of a licence, permit or right that is a fishing concession.
> declared fishery means a fishery in respect of which AFMA has published a declaration under subsection 91(1) of the Act.
> designated quota statutory fishing right means a quota statutory fishing right granted under any of the following:
(a) the Bass Strait Central Zone Scallop Fishery Management Plan 2002;
(b) the Heard Island and McDonald Islands Fishery Management Plan 2002;
(c) the Macquarie Island Toothfish Fishery Management Plan 2006;
(d) the Small Pelagic Fishery Management Plan 2009;
(e) the Southern Bluefin Tuna Fishery Management Plan 1995.
> free area, in relation to an applicant for, or the holder of, a fishing permit, means a part of a fishery:
(a) to which the permit applies; and
(b) in relation to which section 7 of the Fisheries Legislation (Consequential Provisions) Act 1991 does not apply.
> gear statutory fishing right means a statutory fishing right to use particular fishing equipment in a managed fishery granted under any of the following:
(a) the Northern Prawn Fishery Management Plan 1995;
(b) the Southern Squid Jig Fishery Management Plan 2005.
> nominated boat, in relation to a fishing concession, means a boat that has been nominated for the fishing concession in accordance with regulation 9B.
> operating, in relation to a vessel monitoring system, means sending a signal that:
(a) is in a format that has been approved by AFMA; and
(b) identifies accurately the location of the vessel monitoring system.
> provision subject to an infringement notice means section 93, 95 or 100 of the Act.
> quota statutory fishing right means a right described in paragraph 21(1)(a) of the Act.
> Southern Bluefin Tuna has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.
> Subsidiary Agreement means the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long‑line Fishing signed on 10 December 1991 and published by the Department.
> tender means a tender for the grant of a fishing right.
> vessel monitoring system has the meaning given by subsection 167B(4) of the Act.
(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).
(3) In these Regulations, unless the contrary intention appears, a reference to a fishery mentioned in regulation 4B is a reference to the fishery so mentioned.
## Part 2—Application of Act to areas outside the AFZ
#### 4 Antarctic waters
For subsection 8(1) of the Act, the Act applies in relation to all waters within 200 nautical miles outwards of the baseline by reference to which the territorial limits of the Australian Antarctic Territory are defined under international law, to:
(a) Australian citizens; and
(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and
(c) Australian boats; and
(d) persons on board Australian boats.
#### 4AA High seas fishing zone—Southern Bluefin Tuna
(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (3) that is outside the AFZ (the high seas fishing zone), to:
(a) Australian citizens; and
(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and
(c) Australian boats; and
(d) persons on board Australian boats.
(2) However, the Act does not apply in relation to the high seas fishing zone to any of those persons or boats that are not fishing Southern Bluefin Tuna (Thunnus maccoyii) or Northern Bluefin Tuna (Thunnus thynnus).
(3) The area of waters is the area bounded by a line:
(a) beginning at the equator at its intersection with the meridian of longitude 50 west; and
(b) running:
(i) from there east along the equator, to its intersection with the meridian of longitude 140 west; and
(ii) from there south along that meridian to its intersection with the parallel of latitude 60 south; and
(iii) from there west along that parallel to its intersection with the meridian of longitude 50 west; and
(iv) from there north along that meridian to the point where the line began.
> Note: To find out where the outer limits of the AFZ are, see the definition of Australian fishing zone in subsection 4(1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.
#### 4AB Convention on the Conservation of Antarctic Marine Living Resources sub‑area 58.5.2
(1) For subsection 8(1) of the Act, the Act applies in relation to the part of the area of waters described in subregulation (2) that is outside the AFZ, to:
(a) Australian citizens; and
(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and
(c) Australian boats; and
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line:
(a) beginning at latitude 55 south, longitude 60 east; and
(b) running:
(i) from there north along the meridian of longitude 60 east to its intersection with the parallel of 53 14' south; and
(ii) from there generally east south‑easterly along the geodesic to latitude 53 14 07 south, longitude 67 03' 20" east; and
(iii) from there north‑easterly along the geodesic to latitude 52 42' 28" south, longitude 68 05' 31" east; and
(iv) from there north‑easterly along the geodesic to latitude 51 58' 18" south, 69 44' 02" east; and
(v) from there north‑easterly along the geodesic to latitude 51 24' 32" south, longitude 71 12' 29" east; and
(vi) from there north‑easterly along the geodesic to latitude 51 03' 09" south, longitude 72 28' 28" east; and
(vii) from there north‑easterly along the geodesic to latitude 50 54' 23" south, longitude 72 49' 21" east; and
(viii) from there north‑easterly along the geodesic to latitude 49 49' 34" south, longitude 75 36' 08" east; and
(ix) from there north‑easterly along the geodesic to latitude 49 24' 07" south, longitude 76 24' 17" east; and
(x) from there east along that parallel to its intersection with the meridian of longitude 80 east; and
(xi) from there south along that meridian to its intersection with the parallel of latitude 55 south; and
(xii) from there west along that parallel to the point where the line began.
> Note: To find out where the outer limits of the AFZ are, see the definition of Australian fishing zone in subsection 4(1) of the Act and the Proclamation of Excepted Waters made under section 11 of the Act published in Gazette No. S52 on 14 February 1992.
#### 4AC South Tasman Rise
(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to:
(a) Australian citizens; and
(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and
(c) Australian boats; and
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line:
(a) beginning at the intersection of the outer limit of the AFZ with the meridian of longitude 150 00' east; and
(b) running:
(i) from there south along that meridian to its intersection with the parallel of 48 30' south; and
(ii) from there west along that parallel to its intersection with the meridian of longitude 146 30' east; and
(iii) from there north along that meridian to the intersection with the outer limit of the AFZ; and
(iv) from there generally north easterly along that outer limit to the point where the line began.
#### 4AD Further area to which the Convention on the Conservation of Antarctic Marine Living Resources applies
(1) For subsection 8(1) of the Act, the Act applies in relation to the area of waters described in subregulation (2), to:
(a) Australian citizens; and
(b) bodies corporate that are incorporated in Australia or carry on activities mainly in Australia; and
(c) Australian boats; and
(d) persons on board Australian boats.
(2) The area of waters is the area bounded by a line beginning
at latitude 62º south, longitude 30º east and running progressively:
east along the parallel of latitude 62º south to its intersection with the meridian of longitude 60º east
north along that meridian to its intersection with the parallel of latitude 55º south
east along that parallel to its intersection with the meridian of longitude 89º east
south along that meridian to its intersection with the parallel of latitude 64º south
west along that parallel to its intersection with the meridian of longitude 80º east
south along that meridian to its intersection with
the baseline by reference to which the territorial limits
of the Australian Antarctic Territory are defined under international law
generally westerly along that baseline to its intersection with the meridian of longitude 30º east
north along that meridian to the point where the line began.
## Part 2A—Application of amendments of the Treaty
#### 4A Amendment of the Treaty
For the purposes of subsection 4(7) of the Act, the amendments of the Treaty set out in Schedule 4:
(a) have effect for the purposes of the Act; and
(b) take effect for the purposes of the Act on 16 June 1993.
## Part 2B—Fisheries and described areas
#### 4B Described areas of waters within the AFZ
For the purpose of managing fishing activities in certain areas of the AFZ, the following areas are described.
| Item | Name | Area |
| ---- | ------------------------------------------------------------------------------------------------ | ---------------------------------------------------------- |
| 1 | Coral Sea Fishery | The area described in Part 2 of Schedule 1A |
| 2 | Eastern Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method | The area described in Division 1 of Part 2B of Schedule 1A |
| 3 | Norfolk Island Offshore Demersal Finfish Fishery | The area described in Part 5A of Schedule 1A |
| 4 | North West Slope Trawl Fishery | The area described in Part 6 of Schedule 1A |
| 5 | South Tasman Rise Fishery | The area described in Part 11A of Schedule 1A |
| 6 | Western Deepwater Trawl Fishery | The area described in Part 12 of Schedule 1A |
| 7 | Western Skipjack Fishery, being commercial fishing for skipjack tuna by the purse‑seining method | The area described in Part 12A of Schedule 1A |
> Note: AFMA may regulate the fishing activities described above by taking actions under certain provisions of the Act, such as sections 32, 33, 34 and 91.
> Note to item 2 The area of the Eastern Skipjack Fishery is divided into sub‑areas in Division 2 of Part 2B of Schedule 1A.
> Note to item 7 The area of the Western Skipjack Fishery is made up of the sub‑areas set out in Divisions 1, 2 and 3 of Part 12A of Schedule 1A.
#### 4C Eastern Tuna and Billfish Fishery—sectors etc
(1) For the purposes of the management of the Eastern Tuna and Billfish Fishery, the Fishery is taken to be divided into the following sectors:
(a) the ML Sector, being commercial fishing for tuna by any method, except pelagic longlining, purse‑seining or poling; or
(c) the PL Sector, being commercial fishing for tuna by the poling method; or
(d) the PLL (Sub‑area 1) Sector, being commercial fishing for tuna in Sub‑area 1 by the pelagic longlining method; or
(e) the PLL (Sub‑area 2) Sector, being commercial fishing for tuna in Sub‑area 2 by the pelagic longlining method; or
(f) the PLL (Sub‑area 4) Sector, being commercial fishing for tuna in Sub‑area 4 by the pelagic longlining method; or
(g) the PLL (Sub‑area 5) Sector, being commercial fishing for tuna in Sub‑area 5 by the pelagic longlining method; or
(h) the PLL (Sub‑area 6) Sector, being commercial fishing for tuna in Sub‑area 6 by the pelagic longlining method; or
(i) the PLL (Sub‑area 7) Sector, being commercial fishing for tuna in Sub‑area 7 by the pelagic longlining method; or
(j) the PLL (Sub‑area 8) Sector, being commercial fishing for tuna in Sub‑area 8 by the pelagic longlining method; or
(k) the PLL (Sub‑area 9) Sector, being commercial fishing for tuna in Sub‑area 9 by the pelagic longlining method; or
(ka) the PLL (Sub‑area 10) Sector, being commercial fishing for tuna in Sub‑area 10 by the pelagic longlining method.
(2) In subregulation (1), a reference to a Sub‑area by number
is a reference to the Sub‑area of that number described in Division 2 of Part 3 of Schedule 1A.
(3) In this regulation, tuna means:
(a) fish of the family Scombridae (commonly known as tuna and tuna‑like fish) except:
(i) fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger, commonly known as mackerels; and
(ii) Southern Bluefin Tuna (Thunnus maccoyii (Castelnau)) and Northern Bluefin Tuna (Thunnus thynnus); and
(b) fish of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) fish of the family Bramidae (commonly known as pomfrets or rays bream).
## Part 2C—Regulation etc. of certain practices
#### 4D Requirements relating to boats used by persons engaged in fishing in the AFZ
(1) For section 14 of the Act, this regulation sets out requirements relating to boats used by persons engaged in fishing in the AFZ.
(2) A person commits an offence if:
(a) the person uses a boat to engage in a fishing‑related activity in the AFZ; and
(b) the boat is more than 130 metres in length.
Penalty: 25 penalty units.
(3) An offence against subregulation (2) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
## Part 3—Administration of fishing concessions
### Division 1—Auctions and ballots for fishing rights
#### 5 Auction for the grant of a fishing right
(1) For subsection 28(1) of the Act, if a grant of a fishing right is to be made by auction, AFMA may set a reserve price for the grant before the day on which the auction is to be held.
(2) If the person who made the highest bid at the auction is unable to pay the charge applicable in relation to the grant, AFMA must offer the grant to the person who made the second‑highest bid.
(3) If the person who made the second‑highest bid at the auction is unable to pay the charge applicable in relation to the grant, AFMA must offer the grant at a new auction.
#### 6 Ballot for the grant of a fishing right
(1) For paragraph 168(2)(c) of the Act, if a grant of a fishing right is to be made by ballot:
(a) the Minister must appoint a person as his or her representative; and
(b) the procedures set out in subregulation (2) are prescribed to select the person to whom the grant will be made.
(2) The procedures are as follows:
(a) AFMA must write the name of each eligible person on a separate piece of paper (the ballot paper) that is the same size as the other ballot papers;
(b) AFMA must ensure that the representative is present when the ballot is conducted;
(c) AFMA must show the ballot papers to all persons who are present before the ballot is conducted;
(d) AFMA must place the ballot papers in a container within which the papers cannot become snagged or trapped;
(e) AFMA must shake or turn the container to mix the ballot papers;
(f) the representative must draw 1 ballot paper at a time from the container until it is empty;
(g) AFMA must record the names of the eligible persons in the order in which the names were drawn.
### Division 2—Tenders
#### Subdivision A—Preliminary
#### 7 Purpose of Division
For sections 28 and 168 of the Act, this Division sets out the procedures to be followed for selecting, by a tender process, the persons to whom a grant of a fishing right will be made available under section 29 of the Act.
> Note: The conditions of tender may stipulate that fishing rights are available only in ‘bundles’ of a specified number.
#### 8 Definitions for Division
In this Division:
> precedence list has the meaning given in paragraph 28(d) of the Act.
> reserve price means the minimum bid amount that will be accepted as a tender.
> tender manager, in relation to a tender process, means:
(a) if AFMA appoints an independent tender manager under paragraph 8A(a)—that independent tender manager; or
(b) if AFMA does not make an appointment under paragraph 8A(a)—AFMA.
#### 8A Administration of the tender process
If a grant of fishing rights is to be made by tender:
(a) AFMA may manage the tender process itself or may appoint an independent tender manager to manage the process on AFMA’s behalf; and
(b) AFMA may appoint a probity auditor to oversee the tender process.
#### Subdivision B—Applications under subsection 26(1) and the tender process
#### 8B Applications under subsection 26(1) of the Act
If a person has applied for registration under subsection 26(1) of the Act:
(a) the application must be sealed in an opaque envelope on which is written the word ‘registration’ (registration envelope); and
(b) the registration envelope and the envelope referred to in paragraph 27(3)(b) of the Act (the tender envelope) must be submitted together enclosed in a sealed opaque envelope (outer envelope).
> Note: See also subsections 27(2) and (3) of the Act in relation to what must accompany a tender, and how a tender is to be submitted.
#### 8C Opening outer envelopes
(1) As soon as practicable after the closing date for tenders, the tender manager is to open each outer envelope.
(2) The tender manager must ensure, if AFMA has appointed a probity auditor for the tender process, that the auditor and the tender manager are present at the opening of the outer envelopes.
(3) The following procedure must then be carried out:
(a) for each outer envelope, the tender manager is to open the registration envelope inside it and record:
(i) the name of the person who submitted the enclosed registration application; and
(ii) whether a sealed tender envelope was submitted with the application; and
(iii) whether any other conditions of the tender in relation to the contents of, or markings on, the outer envelope have been complied with;
(b) the tender manager must not open any tender envelope, but is to nominate a place where the sealed tender envelopes will be kept until they are opened under regulation 8F;
(c) the tender manager is to keep the original registration applications and, if the tender manager is not AFMA, give the applications to AFMA;
(d) AFMA:
(i) is to assess the registration applications, under section 26 of the Act, to determine each applicant’s eligibility for the grant of fishing rights in accordance with the conditions for registration in the Act and the plan of management for the fishery concerned; and
(ii) if the tender manager is not AFMA—is then to give the tender manager a list of the eligible persons.
#### Subdivision C—Ranking and recording of tenders
#### 8D Application procedures if fishery is divided into sectors
If:
(a) the fishery in which fishing rights are to be allocated is divided into sectors; and
(b) fishing rights in 2 or more sectors of the fishery are to be allocated by 1 tender process;
the tender manager is to carry out the ranking procedure set out in this Subdivision for each of those sectors.
#### 8E Procedures for reserve price
If AFMA sets a reserve price, AFMA must, before the closing time for tenders, give a written statement of the reserve price in a sealed envelope (the reserve price envelope) to the tender manager.
#### 8F Tenders—recording and ranking
The procedure for recording and ranking tenders is as follows:
(a) the tender manager is to open the tender envelope for each registered person;
(b) the tender manager is to record, for each registered person:
(i) the person’s name; and
(ii) the amount bid by the person per fishing right; and
(iii) whether the person’s bid is invalid and, if it is, the reason why it is invalid (see paragraph (c) and regulation 8G for how invalid bids are dealt with); and
(iv) any other information required by the conditions of tender;
(c) unless the bid is invalid, the tender manager is to rank the tenders submitted by registered persons according to the amount bid per fishing right;
(d) if 2 or more tenderers bid the same amount per fishing right, they are to be ranked equally;
(e) if AFMA has set a reserve price, the tender manager is then to open the reserve price envelope and record, for each tender, whether the amount bid is less than, equal to or higher than the reserve price (see regulation 8G for how bids that do not meet the reserve price are dealt with);
(f) if the conditions of tender set a minimum number of fishing rights that a tenderer may acquire, the tender manager is then to record, for each tender, whether the minimum number that the tenderer will accept is equal to or more than the minimum number set by the conditions;
(g) if the conditions of tender set a maximum number of fishing rights that a tenderer may acquire, the tender manager is then to record, for each tender, whether the maximum number that the tenderer will accept is equal to or less than the maximum number set by the conditions;
(h) subject to regulation 8G, the tender manager is to prepare a precedence list setting out for each registered person who tendered:
(i) the person’s name and contact details; and
(ii) the amount bid per fishing right; and
(iii) if the conditions of tender allow a tenderer to specify the maximum number of fishing rights that the tenderer is prepared to acquire, or the minimum number of fishing rights that the tenderer will accept, at the amount bid—those maximum and minimum numbers;
(i) if the conditions of tender allow a tenderer to acquire less than all of the available fishing rights—the precedence list must also set out the matters provided for in regulation 8H;
(j) the tender manager is then to give AFMA a report incorporating the precedence list.
#### 8G Certain persons not to be placed on precedence list
(1) If:
(a) a registered person has tendered; and
(b) either the bid is less than the reserve price or is invalid;
then the person is not to be recorded on the precedence list.
> Note: A grant of a fishing right is made to persons on the precedence list only—see section 29 of the Act.
(2) For a person who, under subregulation (1), is not recorded on the precedence list, the tender manager must record:
(a) the person’s name; and
(b) the reason why the person is not recorded on the precedence list.
#### 8H Procedures if tenderer can acquire less than all available rights
(1) For paragraph 8F(i), the precedence list must also set out the number of fishing rights to which each tenderer is entitled, determined as set out in subregulations (3), (4), (5), (6) and (7).
(2) Subregulation (1) applies whether or not the conditions of tender also allow a tenderer to specify, at the amount tendered per fishing right:
(a) the maximum number of fishing rights that the tenderer is prepared to acquire; or
(b) the minimum number of fishing rights that the tenderer will accept.
(3) For each tender, if the highest‑ranked tenderer has tendered
for less than all the available fishing rights, the next‑highest‑ranked tenderer is entitled to the lesser of:
(a) the remaining number of fishing rights; and
(b) the number of fishing rights that that tenderer has tendered for;
and so on.
(4) If:
(a) a tenderer nominates a minimum number of fishing rights that the tenderer will accept for an amount bid; and
(b) that number is greater than the number of fishing rights remaining after deducting the entitlements of all higher‑ranked tenderers from the total number of fishing rights offered;
the tenderer is not to be entitled to those fishing rights, even if the amount bid per fishing right is higher than that of the next‑highest‑ranked tenderer.
(5) If a tenderer does not nominate a minimum number of fishing rights that the tenderer will accept for an amount bid, the tenderer is taken to have nominated, as the minimum number at that amount:
(a) 1 fishing right; or
(b) if AFMA has set a minimum number of fishing rights that a person may accept—that number.
(6) If 2 or more tenderers are equally ranked, their respective entitlements to fishing rights are to be proportional to the maximum number of fishing rights that each is prepared to accept at the amount bid.
(7) However, a tender is to be disregarded if the granting of entitlements in accordance with subregulation (6) would lead to the tenderer being granted less than any minimum number of fishing rights that:
(a) the tenderer would accept; or
(b) the conditions of tender specify as the minimum that a tenderer may acquire.
### Division 2A—Restrictions on transfers
#### 8J Caveats
(1) This regulation is made for the purposes of paragraphs 32A(4)(d) and 46(4D)(d) of the Act and prescribes circumstances that relate to the following fishing concessions:
(a) a fishing permit;
(b) a fishing right.
(2) A transfer of a fishing concession (or ownership of a fishing concession) must not be registered if:
(a) AFMA has received a notification in the approved form for the purposes of this regulation; and
(b) the notification was made by the concession holder, other than a lessee of the fishing concession; and
(c) the notification is expressed as having the effect of placing a caveat on a transfer of the fishing concession for the benefit of another person; and
(d) either:
(i) the caveat has not been withdrawn by the person for whose benefit the caveat exists by further notification given to AFMA in the approved form; or
(ii) the transfer is not being made with the consent of that person given to AFMA in the approved form; and
(e) subregulation (3) does not apply.
(3) This subregulation applies if AFMA is satisfied, on the application of the concession holder who made the notification, that the transfer should be registered on account of an order made by a court.
> Note: Sections 54 and 57K of the Act provide for applications to be made to a prescribed court for an order for the rectification of a register that is relevant to the operation of this regulation.
(4) Nothing in this regulation requires AFMA to be satisfied as to the accuracy or validity of any information or matter that is notified under this regulation.
### Division 3—Miscellaneous
#### 9 Period for payment in relation to a fishing concession
For the purposes of paragraph 39(1)(c) of the Act, the prescribed period is 21 days.
> Note: The effect of paragraph 39(1)(c) of the Act is that if a person who holds a fishing concession does not pay, or arrange to pay, any fee, levy, charge or other money relating to the concession within the prescribed period after the time at which it becomes due, AFMA may cancel the concession.
## Part 3A—Standard conditions for fishing concessions
### Division 1—Introductory
#### 9A Definitions for Part 3A
In this Part:
> observer means a person approved by AFMA to carry out the functions of an observer.
> trip means:
(a) for the Heard Island and McDonald Islands Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(b) for the Macquarie Island Toothfish Fishery—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(c) for the high seas—a voyage in a boat to or from any port inside or outside Australia for the purpose of exercising a right under a fishing concession; or
(d) in any other case—a voyage in a boat to Australia or from Australia for the purpose of exercising a right under a fishing concession.
### Division 1A—Nominated boats
#### 9AA Conditions
For section 42B of the Act, this Division prescribes conditions that apply to certain fishing concessions.
#### 9AB Nominated boat must be used on trip
Fishing permits
(1) A boat must not be used on a trip for the purpose of exercising a right under a fishing permit unless:
(a) the boat is:
(i) specified in the permit; or
(ii) nominated to the permit under subsection 32(1A) or (1B) of the Act and in accordance with regulation 9B; and
(b) the boat meets the requirements mentioned in subparagraph 9B(3)(f)(i) and the safety standards mentioned in subparagraph 9B(3)(f)(ii).
Statutory fishing rights
(2) A boat must not be used on a trip for the purpose of exercising a right under a statutory fishing right mentioned in subregulation (3) unless:
(a) the boat is nominated to the statutory fishing right in accordance with regulation 9B; and
(b) the boat meets the requirements mentioned in subparagraph 9B(3)(f)(i) and the safety standards mentioned in subparagraph 9B(3)(f)(ii).
> Note: It is not necessary to nominate a boat to a quota statutory fishing right granted under any of the following:
(a) the Eastern Tuna and Billfish Fishery Management Plan 2010;
(b) the Southern and Eastern Scalefish and Shark Fishery Management Plan 2003;
(c) the Western Tuna and Billfish Fishery Management Plan 2005.
> Note: These quota statutory fishing rights are not designated quota statutory fishing rights.
(3) For subregulation (2), the fishing concessions are the following:
(a) a boat statutory fishing right;
(b) a gear statutory fishing right;
(c) a designated quota statutory fishing right.
#### 9B Nomination of boats to certain fishing concessions
(1) The holder of a fishing concession that is:
(a) a boat statutory fishing right; or
(b) a gear statutory fishing right; or
(c) a fishing permit;
may nominate a single boat to the fishing concession.
> Note: See also subsections 32(1A) and (1B) of the Act in relation to the nomination of a boat for the purposes of a fishing permit.
(2) The holder of a fishing concession that is a designated quota statutory fishing right granted under a particular management plan may nominate one or more boats to all the designated quota statutory fishing rights held by that holder under that management plan.
(3) The holder of a fishing concession may nominate a boat to a fishing concession under subregulation (1) or (2) only if:
(a) the owner of the boat has consented to its nomination; and
(b) the boat has not been nominated by another person for another fishing concession; and
(c) for a fishing concession that is not a designated quota statutory fishing right—another boat has not been nominated to the fishing concession; and
(d) the boat is able to carry safely an observer, the observer’s safety equipment and the observer’s monitoring equipment for the duration of a trip; and
(e) the boat has a vessel monitoring system that is capable of being operational at all times; and
(f) the boat meets:
(i) any requirements of the Act and these Regulations that apply to the boat; and
(ii) any safety standards required by AFMA.
(4) The nomination of a boat to a fishing concession:
(a) must be made using the approved form, and must be lodged with AFMA; and
(b) takes effect on:
(i) the day on which AFMA enters the name of the boat on the register or record applicable to the fishing concession; or
(ii) a later day specified in the nomination.
(5) The holder of a fishing concession may nominate another boat to a fishing concession (the other boat), to replace a nominated boat for that fishing concession, if:
(a) the fishing concession is not suspended under section 38 of the Act; and
(b) the requirements of subregulation (3) are met for the other boat.
> Note: For the nomination of another boat under a fishing permit, see also paragraph 32(1A)(b) and subsection 32(1B) of the Act.
(6) A nomination of another boat to a fishing concession under subregulation (5):
(a) must be made using the approved form, and must be lodged with AFMA; and
(b) takes effect on:
(i) the day on which AFMA enters the name of the other boat on the register or record applicable to the fishing concession; or
(ii) a later day specified in the new nomination.
#### 9BA Revocation of nomination of boats to fishing concessions
(1) The holder of a fishing concession may revoke a nomination of a boat to the fishing concession.
(2) A revocation of a nomination of a boat:
(a) must be made using the approved from, and must be lodged with AFMA; and
(b) takes effect on:
(i) the day on which AFMA removes the name of the boat on the register or record applicable to the fishing concession; or
(ii) a later day specified in the revocation.
### Division 2—Vessel monitoring system
#### 9C Conditions
For section 42B of the Act, this Division sets out conditions that apply to fishing concessions.
#### 9D Concession holder to ensure that vessel monitoring system is operational
(1) A concession holder must ensure that the vessel monitoring system on a nominated boat is operational at all times.
(2) If the vessel monitoring system stops operating, the concession holder must ensure that AFMA is informed as soon as practicable after the concession holder becomes aware that the VMS has stopped operating.
### Division 3—Observers
#### Subdivision 1—Conditions
#### 9E Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.
#### 9F Concession holder to ensure provision for observer and equipment to be carried
(1) If AFMA directs a concession holder to carry an observer on a nominated boat, the concession holder must ensure that:
(a) an observer; and
(b) the observer’s safety equipment; and
(c) the observer’s monitoring equipment;
are on board the boat when the boat commences the trip to which the direction applies.
(2) The concession holder must ensure that the observer is provided with adequate food and accommodation while the observer is on board the boat during a trip.
(3) The concession holder must ensure that the observer is carried safely on the boat.
#### 9G Concession holder to ensure observer enabled to perform functions
(1) If an observer is on board a nominated boat during a trip, the concession holder must ensure that the observer:
(a) is given assistance by the concession holder, the master of the boat and crew members of the boat; and
(b) is given access to all parts of the boat;
to the extent reasonably necessary to permit the performance of the functions of the observer.
(2) The concession holder must not interfere with, or obstruct, the observer in the course of collecting data or samples.
(3) The concession holder must ensure that:
(a) the master of the boat; and
(b) crew members of the boat;
do not interfere with, or obstruct, the observer in the course of collecting data or samples.
### Division 4—Disposal of fish
#### 9H Conditions
For section 42B of the Act, this Division sets out conditions that apply to fishing concessions.
#### 9I Fish to be disposed of to fish receiver permit holder
(1) This regulation applies if AFMA has declared a fishery, under subsection 91(1) of the Act, to be a fishery to which Division 2 of Part 6 of the Act applies.
(2) A concession holder for the fishery must ensure that fish taken and retained under the fishing concession are disposed of only to a holder of a fish receiver permit.
### Division 5—Catch limits—fishing for tuna in northern waters
#### Subdivision 1—Introductory
#### 9J Definitions for Division 5
In this Division:
> northern waters means the area described in Part 1 of Schedule 5.
> tuna means fish:
(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); and
(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
#### 9K Interpretation
For this Division, a fish that is on a boat at the end of a trip is to be treated as having been taken during the trip.
#### Subdivision 2—Catch limits
#### 9L Conditions
(1) For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for taking tuna in northern waters;
(b) a fishing permit that authorises the use of a boat for taking tuna in northern waters;
(c) a statutory fishing right that includes the right to take tuna in northern waters.
(2) The concession holder may take fish of a species mentioned in Part 2 of Schedule 5 from northern waters.
(3) For a species mentioned in Division 1 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 2 fish of the species.
(4) For a species mentioned in Division 2 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 10 fish of the species.
(5) For a species mentioned in Division 3 of Part 2 of Schedule 5, the concession holder must not possess on the nominated boat more than 20 fish of the species.
> Note: There are no limits on taking a species mentioned in Division 4 of Part 2 of Schedule 5.
### Division 6—Catch limits for fishing in Victorian waters
#### Subdivision 1—Introductory
#### 9M Definitions for Division 6
In this Division:
> crustacean means any species of the phylum Crustacea.
> finfish means fish of the class Osteichthyes.
> giant crab includes a king crab.
> mollusc means any invertebrate of the phylum Mollusca.
> possess, in relation to fish on a nominated boat, includes control.
> trawling includes board trawling, midwater or pelagic trawling and Danish seining.
> tuna means fish:
(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); and
(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
> Victorian waters means the area described in Division 1 of Part 1 of Schedule 6.
#### 9N Interpretation
(1) For this Division, the weight of a fish is taken to be the weight of the whole fish before it has undergone any preparation.
(2) For this Division, if a concession holder lands fish at a place on or within the coastline of Victoria, the concession holder is to be treated as having taken the fish in Victorian waters.
#### Subdivision 2—Catch limits
#### 9O Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing in Victorian waters;
(b) a fishing permit that authorises the use of a boat for taking fish in Victorian waters;
(c) a statutory fishing right that includes the right to take fish in Victorian waters.
#### 9P Crustaceans
(1) The concession holder must not take any:
(a) school prawns (Metapenaeus macleayi); or
(b) eastern king prawns (Penaeus plebejus);
from Victorian waters.
(2) The concession holder may take any other species of crustaceans from Victorian waters.
(3) For species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 50 kilograms of the crustaceans; and
(b) more than 5 giant crabs (Pseudocarcinus gigas); and
(c) more than 10 kilograms of inshore (or bay) bugs (family Scyllaridae).
> Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
#### 9Q Molluscs
(1) The concession holder may take any species of molluscs from Victorian waters.
(2) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of molluscs.
> Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
#### 9R Finfish
(1) A concession holder that is using a fishing method other than trawling:
(a) must not take finfish of a species mentioned in Subdivision 1 of Division 1 of Part 4 of Schedule 6 from Victorian waters; and
(b) may take any other species of finfish from Victorian waters.
(2) For species of finfish that are mentioned in Subdivision 2 of Division 1 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 200 kilograms of finfish; and
(b) more than 10 yellowtail kingfish (Seriola lalandi); and
(c) more than 20 kilograms of striped trumpeter (Latris lineata); and
(d) more than 50 kilograms of snapper (Pagrus auratus).
### Division 7—Catch limits for fishing in South Australian waters
#### Subdivision 1—Introductory
#### 9S Definitions for Division 7
In this Division:
> crustacean means any species of the phylum Crustacea.
> finfish means fish of the class Osteichthyes.
> giant crab includes a king crab.
> mollusc means any invertebrate of the phylum Mollusca.
> possess, in relation to fish on the nominated boat, includes control.
> South Australian waters means the area described in Division 2 of Part 1 of Schedule 6.
> trawling includes board trawling, midwater or pelagic trawling and Danish seining.
#### 9T Interpretation
For this Division, if a concession holder lands fish at a place on or within the coastline of South Australia, the concession holder is to be treated as having taken the fish in South Australian waters.
#### Subdivision 2—Catch limits
#### 9U Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing in South Australian waters;
(b) a fishing permit that authorises the use of a boat for taking fish in South Australian waters;
(c) a statutory fishing right that includes the right to take fish in South Australian waters.
#### 9V Crustaceans
(1) The concession holder:
(a) must not take any species of prawns, other than a species mentioned in Division 1 of Part 2 of Schedule 6, from South Australian waters; and
(b) must not take more than 5 king crabs (Pseudocarcinus gigas) from South Australian waters.
(2) The concession holder may take any other species of crustaceans from South Australian waters.
(3) For bay bugs (family Scyllaridae), the concession holder must not possess on the nominated boat more than 200 kilograms of bay bugs.
(4) For other species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of crustaceans.
> Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
#### 9W Molluscs
(1) A concession holder may take any species of molluscs from South Australian waters.
(2) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 500 kilograms of molluscs; and
(b) more than 50 kilograms of specimen shells or shellfish (class Gastropoda).
> Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
#### 9X Finfish
(1) The concession holder must not take any species of finfish mentioned in Subdivision 1 of Division 2 of Part 4 of Schedule 6 from South Australian waters.
(2) The holder must not take more than a total of 200 kilograms of finfish of 1 or more species mentioned in Subdivision 2, 3 or 4 of Division 2 of Part 4 of Schedule 6 from South Australian waters by trawling.
(3) The holder must not take more than a total of 200 kilograms of finfish of 1 or more species mentioned in Subdivision 2, 3, 4 or 5 of Division 2 of Part 4 of Schedule 6 from South Australian waters by a method other than trawling.
(4) The holder must not take from South Australian waters more than:
(a) 20 kilograms of finfish of the species mentioned in Subdivision 2 of Division 2 of Part 4 of Schedule 6; and
(b) 50 kilograms of finfish of the species mentioned in Subdivision 3 of Division 2 of Part 4 of Schedule 6; and
(c) 10 yellowtail kingfish (Seriola lalandi); and
(d) 100 kilograms of mulloway (Argyrosomus hololepidotus).
### Division 8—Catch limits for fishing in Tasmanian waters
#### Subdivision 1—Introductory
#### 9Y Definitions for Division 8
In this Division:
> crustacean means any species of the phylum Crustacea.
> finfish means fish of the class Osteichthyes.
> giant crab includes a king crab.
> mollusc means any invertebrate of the phylum Mollusca.
> possess, in relation to fish on the nominated boat, includes control.
#### 9Z Interpretation
For this Division, if a concession holder lands fish at a place on or within the coastline of Tasmania, the concession holder is to be treated as having taken the fish in Tasmanian waters.
#### Subdivision 2—Catch limits
#### 9ZA Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing in Tasmanian waters;
(b) a fishing permit that authorises the use of a boat for taking fish in Tasmanian waters;
(c) a statutory fishing right that includes the right to take fish in Tasmanian waters.
#### 9ZB Crustaceans
(1) The concession holder must not take any species of prawns, other than a species mentioned in Division 1 of Part 2 of Schedule 6, from Tasmanian waters.
(2) The concession holder may take any other species of crustaceans from Tasmanian waters.
(3) For species of crustaceans that are not mentioned in Part 2 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 50 kilograms of crustaceans; and
(b) more than 5 giant crabs (Pseudocarcinus gigas).
> Note: The species mentioned in Part 2 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
#### 9ZC Molluscs
(1) The concession holder must not take limpets or keyhole limpets (superfamilies Fissurellacea, Patellacea and Siphonariacea) from Tasmanian waters.
(2) A concession holder may take any other species of molluscs from Tasmanian waters.
(3) For species of molluscs that are not mentioned in Part 3 of Schedule 6, the concession holder must not possess on the nominated boat:
(a) more than 500 kilograms of molluscs; and
(b) more than 50 kilograms of specimen shells or shellfish (class Gastropoda).
> Note: The species mentioned in Part 3 of Schedule 6 are target species, and are subject to specific management arrangements under Part 3 of the Act.
#### 9ZD Finfish
(1) The concession holder must not take any species of finfish mentioned in Subdivision 1 of Division 3 of Part 4 of Schedule 6 from Tasmanian waters.
(2) For the species of finfish mentioned in Subdivision 2 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 20 kilograms of finfish of the species.
(3) For the species of finfish mentioned in Subdivision 3 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 50 kilograms of finfish of the species.
(4) For the species of finfish mentioned in Subdivision 4 of Division 3 of Part 4 of Schedule 6, the concession holder must not possess on the nominated boat more than 250 kilograms of finfish of the species.
#### 9ZE Other species
The concession holder must not take any fish of a species mentioned in Part 5 of Schedule 6 from the coastal waters of Tasmania.
> Note: See section 5 of the Act about the meaning of coastal waters.
### Division 9—Catch limits for prawn fishery waters
#### Subdivision 1—Introductory
#### 9ZF Definitions for Division 9
In this Division:
> crustacean means any species of the phylum Crustacea other than a prawn.
> finfish means fish of the class Osteichthyes.
> giant crab includes a king crab.
> mollusc means any invertebrate of the phylum Mollusca other than a prawn.
> possess, in relation to fish on the nominated boat, includes control.
> prawn means:
(a) a decapod crustacea of:
(i) the families Aristeidae, Nephropidae (commonly known as scampi), Penaeidae, Scyllaridae (commonly known as bugs) and Solenoceridae (commonly known as prawns); or
(ii) the infraorder Caridae (commonly known as shrimp); and
(b) a mollusca of the family Pectinidae (commonly known as scallops).
> prawn fishery waters means the area described in Part 1 of Schedule 7.
> tuna and tuna‑like fish means fish of:
(a) the family Scombridae excluding Thunnus tonggo (commonly kown as longtail tuna), and fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); or
(b) the families Istiophoridae and Xiphiidae (commonly known as billfish); or
(c) the family Bramidae (commonly known as pomfrets or rays bream).
#### 9ZG Interpretation
(1) For this Division, the weight of a fish is taken to be the weight of the whole fish before it has undergone any preparation.
(2) For this Division, if a fish has been processed, the whole weight equivalent of the fish is to be worked out using 1 of the following methods:
(a) multiply the weight of the gilled and gutted fish by 1.1 and express the result in kilograms;
(b) multiply the weight of the fillets from the fish by 2.6 and express the result in kilograms;
(c) multiply the weight of the headed and gutted fish by 1.4 and express the result in kilograms.
#### Subdivision 2—Catch limits
#### 9ZH Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to the following fishing concessions:
(a) a foreign fishing licence that authorises the use of a boat for fishing for prawns in prawn fishery waters;
(b) a fishing permit that authorises the use of a boat for taking prawns in prawn fishery waters;
(c) a statutory fishing right that includes the right to take prawns in prawn fishery waters.
#### 9ZI Crustaceans
(1) The concession holder may take any other species of crustaceans from prawn fishery waters.
(2) For species of crustaceans that are mentioned in Part 2 of Schedule 7, the concession holder must not possess on the nominated boat:
(a) more than 6 crustaceans of a species mentioned in Division 1 of that Part; and
(b) more than 10 crustaceans of a species mentioned in Division 2 of that Part.
#### 9ZJ Molluscs
The concession holder must not take a species of molluscs mentioned in Division 1 of Part 3 of Schedule 7 from prawn fishery waters.
#### 9ZK Finfish
(1) The concession holder must not take tuna and tuna‑like fish from prawn fishery waters.
(2) The concession holder must not take any species of finfish mentioned in Division 1 of Part 4 of Schedule 7 from prawn fishery waters.
(3) For the species of finfish mentioned in Division 2 of Part 4 of Schedule 7, the concession holder must not possess on the nominated boat a total of more than 10 finfish.
(4) For a species of finfish mentioned in Division 3 of Part 4 of Schedule 7:
(a) if a trip ends in March, April, May or June, the concession holder must not possess on the nominated boat more than 500 kilograms of finfish of the species; and
(b) if a trip ends in any other month, the concession holder must not possess on the nominated boat more than 55 kilograms of finfish of the species.
#### 9ZL Other species
The holder must not take any fish of a species mentioned in Part 5 of Schedule 7 from prawn fishery waters.
### Division 10—Processing fish during a trip
#### Subdivision 1—Introductory
#### 9ZM Definitions for Division 10
In this Division:
> tuna means fish:
(a) of the family Scombridae (commonly known as tuna and tuna‑like fish), except fish of the genera Scomberomorus, Scomber, Acanthocybium, Grammatorcynus and Rastrelliger (commonly known as mackerel); and
(b) of the families Istiophoridae and Xiphiidae (commonly known as billfish); and
(c) of the family Bramidae (commonly known as pomfrets or rays bream).
#### Subdivision 2—Processing
#### 9ZN Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.
#### 9ZO Prohibited ways of processing fish
If a fish of a species mentioned in an item of the table is taken and retained during a trip, the concession holder must ensure that the way in which the fish is processed complies with the requirements mentioned in the item before the fish is disposed of in accordance with regulation 9I.
| Item | Species | Processing requirements |
| ---- | -------------------------------------------------------------------------------------------------------------------------------------------------- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| 1 | Tuna other than northern bluefin tuna or billfish | The caudal keel must not be removed from the carcass before the fish is landed and received by a fish receiver permit holder |
| 2 | Billfish other than broadbill swordfish (Xiphias gladius) | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder:(a) the caudal keel;(b) a dorsal, pectoral or anal fin |
| 3 | Sharks of the class Chondricthyes other than the following:(a) angel sharks (family Squantinidae);(b) rays;(c) skates;(d) spurdogs (genus Squalus) | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder:(a) the caudal lobe;(b) a dorsal, pectoral or caudal fin |
| 4 | Angel sharks (family Squantinidae) | No dorsal or caudal fin may be removed from the carcass before the fish is landed and received by a fish receiver permit holder |
| 5 | Dogfish (family Squalidae) | No dorsal or caudal fin may be removed from the carcass before the fish is landed and received by a fish receiver permit holder |
| 6 | Rays | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder:(a) the skin;(b) a fillet |
| 7 | Skates | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder:(a) the skin;(b) a fillet |
| 8 | Banjo shark (Trygonorrhina sp.) | None of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder:(a) the skin;(b) a fillet;(c) a pectoral fin;(d) the tail |
| 9 | Elephant fish (families Callorhinchidae, Chimaeridae and Rhinochimaeridae) | Neither of the following may be removed from the carcass before the fish is landed and received by a fish receiver permit holder:(a) the second dorsal fin;(b) the tail |
#### 9ZP Removal of shark liver
(1) If a shark is:
(a) taken during a trip; and
(b) processed during the trip by the removal of its liver;
the concession holder must ensure that the shark’s carcass is retained for as long as the liver is retained on the trip.
(2) If the carcass is retained until the shark is disposed of in accordance with regulation 9I, the concession holder must ensure that the liver is disposed of:
(a) at the same time; and
(b) to the same holder of a fish receiver permit.
### Division 11—Impacts on the marine environment
#### Subdivision 1—Introductory
#### 9ZQ Definitions for Division 11
In this Division:
> interaction means physical contact that:
(a) occurs between an organism and 1 or more of the following:
(i) an individual other than an observer;
(ii) a nominated boat;
(iii) any object on board, or attached to, the nominated boat, other than equipment that is being used by an observer;
(iv) the nominated boat’s equipment; and
(b) is of a kind that could cause the organism to be distressed.
> protected community means a listed threatened ecological community within the meaning of the Environment Protection and Biodiversity Conservation Act 1999.
> protected species means:
(a) a listed threatened species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (other than a conservation dependent species within the meaning of that Act); or
(b) a listed marine species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or
(c) a listed migratory species within the meaning of the Environment Protection and Biodiversity Conservation Act 1999; or
(d) a species of cetacean.
#### Subdivision 2—Interaction
#### 9ZR Conditions
For section 42B of the Act, this Subdivision sets out conditions that apply to fishing concessions.
#### 9ZS No interaction with protected organism
The concession holder must ensure that, as far as practicable, there is no interaction during a trip with an organism that is:
(a) part of a protected community; or
(b) a protected species.
#### 9ZT Recording and reporting interaction with protected organism
(1) This regulation applies if there is an interaction during a trip with an organism that is:
(a) part of a protected community; or
(b) a protected species.
(2) The concession holder must ensure that the interaction is recorded in a logbook kept on the nominated boat for the purpose of reporting interactions.
(3) If an observer is on board the nominated boat, the concession holder must also ensure that the interaction is reported to the observer as soon as practicable.
(4) If:
(a) the interaction results in the death of the organism; and
(b) it is necessary to discharge the organism’s carcass;
the concession holder must ensure that the carcass is discharged from the boat in a way that does not attract birds or mammals to the boat.
#### 9ZU Reporting interaction with protected organism if protected organism injured
(1) This regulation applies if, during a trip:
(a) there is an interaction with an organism that is:
(i) part of a protected community; or
(ii) a protected species; and
(b) the interaction injures the organism.
(2) The concession holder must ensure that the organism is given as much assistance as is practicable.
(3) If an observer is on board the nominated boat, the concession holder must ensure that the injury is reported to the observer as soon as practicable.
> Note: The concession holder may have an additional obligation to record the injury in a logbook kept in accordance with a determination made under section 42 of the Act.
#### 9ZV Reporting interaction with protected organism if protected organism killed
(1) This regulation applies if, during a trip:
(a) there is an interaction with an organism that is:
(i) part of a protected community; or
(ii) a protected species; and
(b) the interaction kills the organism; and
(c) an observer is on board the nominated boat.
(2) The concession holder must ensure that the death is reported to the observer as soon as practicable.
> Note: The concession holder may have an additional obligation to record the death in a logbook kept in accordance with a determination made under section 42 of the Act.
## Part 4—Fish receiver permits
#### 10A Interpretation
In this Part:
> processed form, processed form A and processed form B have, respectively, the meaning given in subregulation 2(1) of the Fisheries Management (Southern Bluefin Tuna Fishery) Regulations.
#### 10AA Fish receiver permit holder to keep records
(1) For subsection 92(2) of the Act, a fish receiver permit holder must make a record in respect of fish received by the permit holder.
(2) The record must be in writing and include the information set out in regulations 10AB and 10AC.
(3) The permit holder must keep the record for at least 5 years:
(a) if the permit specifies premises at which fish received under the permit by the holder are to be kept while in the possession of the holder—at those premises; or
(b) in any other case—at the holder’s business or residential premises.
#### 10AB Records—fish received
(1) A record of fish received must include the following details:
(a) the full name and address of the fish receiver permit holder;
(b) the full name and address of the person from whom the fish were received;
(c) the name of the boat that was used to take the fish;
(d) the name and amount (by weight) of each species of fish;
(e) the type (if any) of processing to which the fish were subjected before being received;
(f) the date on which the fish were received;
(g) the full name, office (if any) and signature of the person making the record.
(2) The record must also include:
(a) the number (if any) of Southern Bluefin Tuna received; and
(b) for each Southern Bluefin Tuna received in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B.
(3) In addition, the record must include the number (if any) of fish received that are of any of the following kinds:
(a) yellowfin tuna (Thunnus albacares);
(b) bigeye tuna (Thunnus obesus);
(c) longtail tuna (Thunnus tonggol);
(d) albacore tuna (Thunnus alalunga);
(e) black marlin (Makaira indica);
(f) blue marlin (Makaira nigricans);
(g) striped marlin (Tetrapturus audax);
(h) broadbill swordfish (Xiphias gladius);
(i) fish of the family Bramidae (commonly known as pomfrets or rays bream).
#### 10AC Records—fish disposed of
(1) A record of fish disposed of (except for private or domestic use) must include the following details:
(a) the full name and address of the fish receiver permit holder;
(b) the full name and address of the person to whom the permit holder disposed of the fish;
(c) the name and amount (by weight) of each species of fish;
(d) the type (if any) of processing to which the fish were subjected before their disposal;
(e) the date on which the fish were disposed of;
(f) the full name, office (if any) and signature of the person making the record.
(2) The record must also include:
(a) the number (if any) of Southern Bluefin Tuna disposed of; and
(b) for each Southern Bluefin Tuna disposed of in processed form—whether the Southern Bluefin Tuna was in processed form A or processed form B.
(3) In addition, the record must include the number (if any) of fish disposed of that are of any of the following kinds:
(a) yellowfin tuna (Thunnus albacares);
(b) bigeye tuna (Thunnus obesus);
(c) longtail tuna (Thunnus tonggol);
(d) albacore tuna (Thunnus alalunga);
(e) black marlin (Makaira indica);
(f) blue marlin (Makaira nigricans);
(g) striped marlin (Tetrapturus audax);
(h) broadbill swordfish (Xiphias gladius);
(i) fish of the family Bramidae (commonly known as pomfrets or rays bream).
(4) A record of fish disposed of for private or domestic use must include the following details:
(a) the full name and address of the permit holder;
(b) a declaration that the fish were disposed of for private or domestic use;
(c) the name and amount (by weight) of each species of fish;
(d) the type (if any) of processing to which the fish were subjected before their disposal;
(e) the month in which the fish were disposed of;
(f) the full name, office (if any) and signature of the person making the record.
#### 10AD Records—scallop tags
(1) In this regulation:
> AFMA tag means a tag stamped with the letters “AFMA” that is required to be attached to a bag of scallops under a condition of a fishing permit that authorises the use of a boat for fishing for scallops.
> scallops means bivalve molluscs of the family Pectinidae.
(2) For subsection 92(2) of the Act, a fish receiver permit holder who receives scallops must:
(a) remove the AFMA tag attached to each bag of scallops received; and
(b) keep the tag for at least 1 year at the premises where the holder keeps the record of scallops received.
#### 10C Fish receiver—person who receives his or her own catch
A person who takes fish in a declared fishery is taken to receive fish within the meaning of subsection 97(1) of the Act if the person:
(a) after landing the fish, processes the fish (except for the person’s private or domestic use); or
(b) uses the fish for the purpose of aquaculture or mariculture.
#### 10D Fish receiver—not person who transports fish
For the purposes of section 97 of the Act, a person who transports fish from a person engaged in fishing in a declared fishery to a fish receiver permit holder is taken to be the agent of the holder.
## Part 5—Operation of boats and equipment
#### 11 Approval for the presence of foreign boats in the AFZ
(1) For the purposes of paragraph 101(1)(c) of the Act, the master of a foreign boat may apply to AFMA to approve the boat’s being at a place in the AFZ:
(a) if the boat is at sea at the time the approval is requested—by sending the application by radio through a coast radio station; or
(b) in any other case—by sending the application to AFMA.
(2) The application must contain whichever of the following reference letters are relevant to the category of the boat:
| Category ofboat | Where is theboat? | What area is itpassing through? | Where is itgoing? | What arethereferenceletters? |
| --------------- | ------------------ | ------------------------------------------------ | ----------------------- | ---------------------------- |
| 1 | Outside the AFZ | Any area | An authorised area | AFZE |
| 2 | An Australian port | A part of the AFZ that is not an authorised area | An authorised area | AFZT |
| 3 | An authorised area | Any area | Another authorised area | AFZT |
| 4 | Outside the AFZ | A part of the AFZ that is not an authorised area | An Australian port | AFZH |
| 5 | An authorised area | A part of the AFZ that is not an authorised area | An Australian port | AFZH |
| 6 | An authorised area | The AFZ | Outside the AFZ | AFZX |
| 7 | An Australian port | The AFZ | Outside the AFZ | AFZX |
(3) If the boat is in Category 1, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point at which the boat is expected to enter the AFZ;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to enter the AFZ;
(d) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(e) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(4) If the boat is in Category 2, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the name of the Australian port from which it is leaving;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to leave the port;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(5) If the boat is in Category 3, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point, in the authorised area, from which the boat will first enter a part of the AFZ that is not an authorised area;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(6) If the boat is in Category 4 or 5, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point, in the authorised area, from which the boat will first enter a part of the AFZ that is not an authorised area;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the name of the Australian port to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach the port.
(7) If the boat is in Category 6, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the geographical co‑ordinates of the point, in the authorised area, at which the boat will first enter a part of the AFZ that is not an authorised area;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area at which the boat is expected to leave the AFZ;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
(8) If the boat is in Category 7, the application must contain the following particulars:
(a) the boat’s international call‑sign;
(b) the name of the Australian port from which it is leaving;
(c) the day and time (in Greenwich Mean Time) at which the boat is expected to leave the port;
(d) the proposed movements of the boat while it is in a part of the AFZ that is not an authorised area, including the geographical co‑ordinates of any point in that part at which the boat is expected to change course and the day and time (in Greenwich Mean Time) at which the boat is expected to change course;
(e) the geographical co‑ordinates of the point in the authorised area to which the boat is to travel;
(f) the day and time (in Greenwich Mean Time) at which the boat is expected to reach that point.
#### 12 Identification code for a boat
(1) If AFMA grants a statutory fishing right or a fishing permit for a boat, it must allocate an identification code to the boat.
(1A) The identification code:
(a) must be in the form of a letter or letters; and
(b) may include a number or numbers.
(2) The boat’s identification code must be shown on the boat:
(a) above its water line; and
(b) on each bow; and
(c) in a reasonably legible form; and
(d) in paint that contrasts with the colour of the bow; and
(e) in letters and figures at least 300 millimetres in depth.
(3) If:
(a) the boat is being used in accordance with the right or permit; and
(b) the boat does not display its identification code in accordance with subregulation (2);
the master and the owner of the boat are each guilty of an offence.
Penalty: 15 penalty units.
(3A) It is a defence to a prosecution under subregulation (3) if the defendant has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.
(4) If:
(a) the right or permit ceases to apply in relation to the boat; and
(b) the boat’s identification code is not removed or obliterated as soon as practicable;
the master and the owner of the boat are guilty of an offence.
Penalty: 15 penalty units.
(5) If:
(a) the boat is being used in accordance with the right or permit; and
(b) the boat’s bow shows a letter or letters and a number that are not:
(i) the boat’s name or identification code; or
(ii) an identification marking allocated to the boat under a law of a State or Territory;
the master and the owner of the boat are each guilty of an offence.
Penalty: 15 penalty units.
(5A) It is a defence to a prosecution under subregulation (5) if the defendant has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.
(6) Subregulations (3) and (4) do not apply in relation to a boat that:
(a) is licensed to be used to take fish under a law of a State or Territory; and
(b) displays an identifying marking under that law.
(7) An offence under subregulation (3), (4) or (5) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
#### 13 Production of documents on a foreign boat
(1) This regulation applies in relation to a foreign boat that is being used under a foreign fishing licence or a Treaty licence.
(2) For the purposes of subsection 84(1) of the Act, if a document in a foreign language is given to an officer, the officer may ask the master to give the officer a written translation of the document into English.
(3) The officer may nominate a person who is to make the translation.
(4) If the officer asks the master for a translation, the master must give the officer the translation as soon as practicable.
Penalty: 15 penalty units.
(4A) An offence under subregulation (4) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
(5) The owner of the boat is liable for the cost (if any) of the translation.
(6) For the purposes of subsection 84(1) of the Act, if an officer removes a document from the boat to make a copy of, or take an extract from, the document, the officer must:
(a) keep the document for no longer than is reasonably necessary to make the copy or take the extract; and
(b) allow the master, or a person nominated by the master, to accompany the officer while he or she has the document away from the boat.
#### 15 Identification of the call‑sign of a foreign boat
(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s international radio call‑sign on the boat in accordance with subregulations (2) to (6).
Penalty: 25 penalty units.
(2) The call‑sign must be shown in a position or positions on the boat that makes each sign clearly visible from an aircraft or a boat.
(3) The call‑sign must be shown:
(i) by white characters on a black background; or
(ii) by black characters on a white background; or
(iii) by black characters on a background of international safety yellow.
(4) The characters must be Roman capital letters, or Arabic numerals, without ornamentation.
(5) If the boat is less than 20 metres long, the characters:
(a) must be at least 50 centimetres high; and
(b) must consist of strokes at least 6.25 centimetres wide.
(6) If the boat is at least 20 metres long, the characters:
(a) must be at least 1 metre high; and
(b) must consist of strokes at least 12.5 centimetres wide.
(7) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.
(8) An offence under subregulation (1) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
#### 16 Identification of the name of a foreign boat
(1) The master of a foreign boat that is being used in the AFZ under a foreign fishing licence must show the boat’s name on the boat in accordance with subregulations (2) to (4).
Penalty: 25 penalty units.
(1A) It is a defence to a prosecution under subregulation (1) if the defendant has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter set out in this subregulation—see section 13.3 of the Criminal Code.
(2) The name must be shown:
(a) on both sides of the boat’s bow; and
(b) on the boat’s stern.
(3) The name must be shown by characters of a colour that contrasts with the colour of the characters’ background.
(4) The characters must be:
(a) Roman capital letters, or Arabic numerals, without ornamentation; and
(b) at least 45 centimetres high.
(5) An offence under subregulation (1) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
#### 17 Information relating to persons on board a boat
(1) This regulation applies in relation to:
(a) a boat that is used in the AFZ under a fishing concession; and
(b) an Australian boat engaged in fishing outside the AFZ.
(2) AFMA may, at any time, ask the master of the boat to give it the names, dates of birth, residential addresses and positions of persons on board the boat.
(3) The master must give the information to AFMA as soon as practicable.
Penalty: 15 penalty units.
(4) AFMA must not ask the master under subregulation (2) more than once in a period of 48 hours.
(5) An offence under subregulation (3) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
#### 19 Sale or disposal of unclaimed equipment
(1) This regulation applies to equipment used for fishing if:
(a) an officer finds the equipment in the AFZ; and
(b) the identity of the owner of the equipment is unknown.
(2) The officer must keep the equipment in safe custody for a period of 30 days after the day on which it was found.
(3) If the owner of the equipment has not been identified by the end of the period, AFMA must place a notice in:
(a) 1 or more newspapers circulating in the Australian port nearest to the place where the equipment was found; or
(b) if there is no newspaper circulating in the port—1 or more newspapers nominated by the Managing Director.
(4) The notice must:
(a) describe the equipment; and
(b) identify the place, or approximate place, where it was found; and
(c) state that unless the owner of the equipment is not identified within 14 days after the date of publication of the newspaper, the equipment will be sold by public auction.
(5) AFMA may attempt to sell the equipment by public auction if:
(a) the owner of the equipment is not identified at the end of 14 days after the date on which the latest of the notice is published; and
(b) the equipment is in saleable condition.
(6) For the purposes of the auction:
(a) the Commonwealth is taken to be the absolute owner of the equipment; and
(b) an officer may conduct it without holding an auctioneer’s licence under the law of the State or Territory in which the auction is held; and
(c) the proceeds of the sale of the equipment must be paid to AFMA.
(7) AFMA may direct how the equipment is to be disposed of if:
(a) it is not in saleable condition; or
(b) it is offered, but not sold, at the auction.
(8) No action lies against the Commonwealth or a person as a result of the sale or disposal of the equipment.
## Part 5A—Detention of suspected illegal foreign fishers etc
### Division 1—Training for officers
#### 19A Training for officers and detention officers
For subclause 6(1) of Schedule 1A 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:
(a) conducting searches;
(b) maintaining the health, safety and welfare of detainees;
(c) controlling persons by the use of empty‑hand techniques;
(d) the use of authorised officers’ powers under the Fisheries Management Act 1991 and the Torres Strait Fisheries
Act 1984.
### Division 2—Identifying detainees
#### 19B Personal identifiers
For paragraph 26(1)(g) of Schedule 1A to the Act, the personal identifiers are as follows:
(a) a sample of a person’s handwriting;
(b) a photograph of a tattoo, scar or other identifying mark of a person, if the obtaining of the photograph does not involve:
(i) the removal of any of the person’s clothing; or
(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.
> Note: Subsection 23WA(1) of the Crimes Act 1914 provides that intimate forensic procedure means any of the following forensic procedures:
(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;
(b) the taking of a sample of blood;
(c) the taking of a sample of saliva, or a sample by buccal swab;
(d) the taking of a sample of pubic hair;
(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;
(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;
(g) the taking of a dental impression;
(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.
#### 19C Personal identifiers detainees must provide
For paragraph 28(2)(e) of Schedule 1A to the Act, the types of personal identifier are as follows:
(a) an audio or a video recording of the detainee (other than a video recording under clause 37 of Schedule 1A to the Act);
(b) an iris scan of the detainee’s eyes;
(c) a sample of the detainee’s handwriting;
(d) a photograph of a tattoo, scar or other identifying mark of the detainee, if the obtaining of the photograph does not involve:
(i) the removal of any of the detainee’s clothing; or
(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.
> Note: See the note after regulation 19B for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.
#### 19D Personal identifiers officers must require non‑citizens to provide by way of identification tests
For paragraph 29(1)(a) of Schedule 1A to the Act, the types of personal identifier are as follows:
(a) fingerprints or handprints of the non‑citizen (including those taken using paper and ink or digital livescanning technologies);
(b) a measurement of the non‑citizen’s height and weight;
(c) a photograph or other image of the non‑citizen’s face and shoulders;
(d) an audio or a video recording of the non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);
(e) an iris scan of the non‑citizen’s eyes;
(f) the non‑citizen’s signature;
(g) a sample of the non‑citizen’s handwriting;
(h) a photograph of a tattoo, scar or other identifying mark of the non‑citizen, if the obtaining of the photograph does not involve:
(i) the removal of any of the non‑citizen’s clothing; or
(ii) the carrying out of an intimate forensic procedure within the meaning of section 23WA of the Crimes Act 1914.
> Note: See the note after regulation 19B for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.
#### 19E Information to be provided before carrying out identification tests
(1) For paragraph 30(1)(b) of Schedule 1A of the Act, the matters about which the authorised officer must inform the non‑citizen before carrying out an identification test are:
(a) the reason why a personal identifier is required to be provided; and
(b) how a personal identifier may be collected; and
(c) how any personal identifier that is collected may be used; and
(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.
> Note: See Division 3 of Part 5 of Schedule 1A to the Act in relation to the identification of minors and incapable persons.
(2) Also, the authorised officer must inform the non‑citizen:
(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
(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
(c) that:
(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
(ii) the non‑citizen has a right, under that Act, to seek:
(A) access to that information or those documents; and
(B) amendment of records containing personal information that is incomplete, incorrect, out of date or misleading.
(3) For subclause 30(3) of Schedule 1A 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.
#### 19F Authorising access to video recordings—limitations
For subclause 41(3) of Schedule 1A to the Act, the types of personal identifier are as follows:
(a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);
(b) a measurement of a non‑citizen’s height and weight;
(c) a photograph or other image of a non‑citizen’s face and shoulders;
(d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);
(e) an iris scan of a non‑citizen’s eyes;
(f) a non‑citizen’s signature;
(g) a sample of a non‑citizen’s handwriting;
(h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.
#### 19G Providing video recordings—permitted provision
(1) This regulation applies for paragraph 42(2)(f) of Schedule 1A to the Act.
(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.
#### 19H Providing video recordings—limitations
For paragraph 42(3)(a) of Schedule 1A to the Act, the types of personal identifier are as follows:
(a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);
(b) a measurement of a non‑citizen’s height and weight;
(c) a photograph or other image of a non‑citizen’s face and shoulders;
(d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);
(e) an iris scan of a non‑citizen’s eyes;
(f) a non‑citizen’s signature;
(g) a sample of a non‑citizen’s handwriting;
(h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.
### Division 3—Disclosure of identifying information
#### 19I Authorising access to identifying information
For subclause 52(3) of Schedule 1A to the Act, the types of personal identifier are as follows:
(a) fingerprints or handprints of a non‑citizen (including those taken using paper and ink or digital livescanning technologies);
(b) a measurement of a non‑citizen’s height and weight;
(c) a photograph or other image of a non‑citizen’s face and shoulders;
(d) an audio or a video recording of a non‑citizen (other than a video recording under clause 37 of Schedule 1A to the Act);
(e) an iris scan of a non‑citizen’s eyes;
(f) a non‑citizen’s signature;
(g) a sample of a non‑citizen’s handwriting;
(h) a photograph of a tattoo, scar or other identifying mark of a non‑citizen.
#### 19J Authorising disclosure of identifying information
For subclause 54(1) of Schedule 1A to the Act, AFMA may authorise the following Agencies to disclose identifying information under that subclause:
(a) the Department of Foreign Affairs and Trade;
(b) the Department administered by the Minister administering Part XII of the Customs Act 1901.
#### 19K Disclosure of identifying information to Australian bodies
For paragraph 54(1)(d) of Schedule 1A 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:
| Item | Name of body |
| ---- | ---------------------------------------------------------------------------- |
| 1 | Attorney‑General’s Department |
| 2 | Australian Crime Commission |
| 4 | Australian Federal Police |
| 6 | Australian Securities and Investments Commission |
| 7 | Australian Security Intelligence Organisation |
| 8 | Australian Taxation Office |
| 9 | Australian Transaction Reports and Analysis Centre (AUSTRAC) |
| 10 | CrimTrac |
| 11 | Department of Agriculture, Fisheries and Forestry |
| 12 | Department of Defence |
| 13 | Department of Foreign Affairs and Trade |
| 14 | Department of Health |
| 15 | Department of Immigration, Multicultural and Indigenous Affairs |
| 16 | New South Wales Department of Primary Industries |
| 17 | New South Wales Office of Director of Public Prosecutions |
| 18 | New South Wales Police Service |
| 19 | Office of Director of Public Prosecutions, Victoria |
| 20 | Victorian Department of Justice |
| 21 | Victorian Department of Primary Industries |
| 22 | Victorian Police |
| 23 | Queensland Department of Primary Industries and Fisheries |
| 24 | Queensland Office of Director of Public Prosecutions |
| 25 | Queensland Police Service |
| 26 | Office of Director of Public Prosecutions for Western Australia |
| 27 | Western Australian Department of Fisheries |
| 28 | Western Australian Department of Justice |
| 29 | Western Australian Police Service |
| 30 | South Australian Department of Primary Industries and Resources |
| 31 | South Australian Office of Director of Public Prosecutions |
| 32 | South Australian Police |
| 33 | Tasmanian Department of Primary Industries |
| 34 | Tasmanian Office of the Director of Public Prosecutions |
| 35 | Tasmanian Police |
| 36 | Northern Territory Department of Business, Industry and Resource Development |
| 37 | Northern Territory Office of Director of Public Prosecutions |
| 38 | Northern Territory Police |
#### 19L Disclosure of identifying information to international organisations
For paragraph 54 (1) (e) of Schedule 1A to the Act, AFMA may authorise the disclosure of identifying information
under clause 54 of that Schedule to any of the following organisations:
(a) Interpol;
(b) the United Nations;
(c) any of the Intergovernmental Organisations known as Regional Fisheries Bodies mentioned in the following table:
| Item | Name of Intergovernmental Organisation |
| ---- | ----------------------------------------------------------------------------- |
| 1 | Advisory Committee on Fishery Research (ACFR) |
| 2 | Asia‑Pacific Fishery Commission (APFIC) |
| 3 | Atlantic Africa Fisheries Conference (AAFC) |
| 4 | Bay of Bengal Programme (BOBP‑IGO) |
| 5 | Comisión de Pesca Continental Para America Latina (COPESCAL) |
| 6 | Comisión Interamericana del Atún Tropical (CIAT) |
| 7 | Comisión Permanente del Pacifico Sur (CPPS) |
| 8 | Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) |
| 9 | Commission for the Conservation of Southern Bluefin Tuna (CCSBT) |
| 10 | Committee for Inland Fisheries of Africa (CIFA) |
| 11 | Coordinating Working Party on Fisheries Statistics (CWP) |
| 12 | Council of the Eastern Pacific Tuna Fishing Agreement (CEPTFA) |
| 13 | European Inland Fisheries Advisory Commission (EIFAC) |
| 14 | Fishery Committee for the Eastern Central Atlantic (CECAF) |
| 15 | Forum Fisheries Agency (FFA) |
| 16 | General Fisheries Commission for the Mediterranean (GFCM) |
| 17 | Indian Ocean Tuna Commission (IOTC) |
| 18 | Inter‑American Tropical Tuna Commission (IATTC) |
| 19 | International Baltic Sea Fishery Commission (IBSFC) |
| 20 | International Commission for the Conservation of Atlantic Tunas (ICCAT) |
| 21 | International Council for Exploration of the Sea (ICES) |
| 22 | International Pacific Halibut Commission (IPHC) |
| 23 | International Whaling Commission (IWC) |
| 24 | La Commission Sous‑Régionale des Pêches (CSRP) |
| 25 | Lake Victoria Fisheries Organization (LVFO) |
| 26 | Latin American Fisheries Development Organization (OLDEPESCA) |
| 27 | Marine Mammal Commission (MMC) |
| 28 | Mekong River Commission (MRC) |
| 29 | Network of the Aquaculture Centres in Asia‑Pacific (NACA) |
| 30 | North Atlantic Fisheries Organisation (NAFO) |
| 31 | North Atlantic Salmon Conservation Organization (NASCO) |
| 32 | North East Atlantic Fisheries Commission (NEAFC) |
| 33 | North Pacific Anadromous Fish Commission (NPAFC) |
| 34 | North Pacific Marine Science Organisation (PICES) |
| 35 | Northwest Atlantic Fisheries Organization (NAFO) |
| 36 | Pacific Salmon Commission (PSC) |
| 37 | Regional Commission for Fisheries (RECOFI) |
| 38 | Regional Fisheries Advisory Committee for the Southwest Atlantic (CARPAS) |
| 39 | Regional Fisheries Committee for the Gulf of Guinea (COREP) |
| 40 | Secretariat of the Pacific Community (SPC) |
| 41 | Southeast Asian Fisheries Development Center (SEAFDEC) |
| 42 | South East Atlantic Fisheries Organisation (SEAFO) |
| 43 | Southwest Indian Ocean Fisheries Commission (SWIOFC) |
| 44 | Western and Central Pacific Fisheries Commission (WCPFC) |
| 45 | Western Central Atlantic Fishery Commission (WECAFC) |
| 46 | Western Indian Ocean Tuna Organization (WIOTO) |
### Division 4—Disclosures relating to illegal fishing activities
#### 19M Authorising disclosure of information relating to illegal fishing activities
For subsection 108B(1) of the Act, the Minister may authorise the following Agencies to disclose information under that subsection:
(a) the Department of Foreign Affairs and Trade;
(b) the Department administered by the Minister administering Part XII of the Customs Act 1901.
## Part 6—Payments and fees
#### 20 Payment by instalments
For the purposes of subsection 121(1) of the Act, a person who makes the highest qualifying bid for a grant of a fishing right at an auction:
(a) must pay 10 percent of the amount of charge payable in relation to the grant to AFMA immediately after the person’s bid is accepted; and
(b) must pay the remainder of the amount to AFMA:
(i) in the period ending 30 days after the day on which the person’s bid is accepted; or
(ii) if the person makes an agreement with AFMA to pay the amount at a different time—at that time; or
(iii) if the person makes an agreement with AFMA
to pay the amount by instalments—when the instalments are due and payable.
#### 21 Fees
(1) For paragraph 168(2)(e) of the Act, the fee payable for an application, registration, inspection or other matter mentioned in an item in Schedule 2 is the fee set out in the item.
(4) Despite subregulation (1) and items 9 and 10 of Schedule 2, no fee is payable for an application for the grant of a port permit for a foreign fishing boat that is engaged in fisheries research activities in collaboration with:
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or Territory.
## Part 6A—Registers
#### 21A Information to be included in Register of Statutory Fishing Rights
(1) For paragraph 45(1)(f) of the Act, the particulars in the table are prescribed.
| Item | Particular |
| ---- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ |
| 1 | For the person to whom the fishing right is granted: |
| | (a) postal address; and |
| | (b) telephone number; and |
| | (c) fax number; and |
| | (d) email address; and |
| | (e) ABN or ACN |
| 2 | For any other holder of the fishing right: |
| | (a) name; and |
| | (b) postal address; and |
| | (c) telephone number; and |
| | (d) fax number; and |
| | (e) email address; and |
| | (f) ABN or ACN |
| 3 | Number of the boat statutory fishing right |
| 4 | Number of the quota statutory fishing right |
| 5 | Any alphanumeric code assigned for the purposes of the registration of the statutory fishing right |
| 6 | Total weight of fish that may be taken for the purposes of the statutory fishing right, in kilograms |
| 7 | Total headrope length that can be used for the purposes of the statutory fishing right, in metres |
| 8 | Whether a gear statutory fishing right has been nominated in relation to a B class statutory fishing right |
| 9 | Whether a quota statutory fishing right has been nominated in relation to a boat statutory fishing right |
| 10 | For a boat that has been nominated for the statutory fishing right: |
| | (a) name; and |
| | (b) any previous names; and |
| | (c) any distinguishing symbol that identifies the boat; and |
| | (d) length; and |
| | (e) colour; and |
| | (f) beam, in metres; and |
| | (g) gross registered tonnage; and |
| | (h) moulded depth, in metres; and |
| | (i) when it was built; and |
| | (j) where it was built; and |
| | (k) a code representing the type of boat; and |
| | (l) a code representing the gear type used on the boat; and |
| | (m) port of registry; and |
| | (n) registry number; and |
| | (o) whether the boat’s registration has previously been cancelled or suspended, and the country which cancelled or suspended the registration; and |
| | (p) any previous flag under which it has been operated; and |
| | (q) normal crew compliment; and |
| | (r) a code representing the boat’s current flag state; and |
| | (s) a code representing any previous flag state; and |
| | (t) number of freezers on the boat; and |
| | (u) each type of freezer used on the boat; and |
| | (v) capacity of each freezer used on the boat; and |
| | (w) fish hold capacity; and |
| | (x) engine type; and |
| | (y) power of the main engine or engines, in kilowatts; and |
| | (z) serial number of each engine; and |
| | (za) aspiration of each engine; and |
| | (zb) number of turbochargers; and |
| | (zc) type of aftercooler system; and |
| | (zd) radio call sign; and |
| | (ze) International Radio Call Sign; and |
| | (zf) Vessel Communication Type; and |
| | (zg) whether the boat is included in the Large Scale Fishing Vessel list; and |
| | (zh) colour photographs of the boat, in high resolution and with sufficient brightness and contrast to show the boat clearly, including: |
| | (i) a photograph measuring at least 12 cm 7 cm that shows the full overall length of the starboard side of the boat and all of the boat’s structural features along that side; and |
| | (ii) a photograph measuring at least 12 cm 7 cm that shows the full overall length of the port side of the boat and all of the boat’s structural features along that side; and |
| | (iii) a photograph measuring at least 12 cm 7 cm that is taken from astern and shows the boat’s stern |
| 11 | For the owner of a boat that has been nominated for the statutory fishing right: |
| | (a) name; and |
| | (b) postal address; and |
| | (c) nationality |
| 12 | For the master of a boat that has been nominated for the statutory fishing right: |
| | (a) name; and |
| | (b) nationality |
(2) A particular mentioned in the table in subregulation (1) is taken not to be prescribed if:
(a) the particular does not exist in relation to a statutory fishing right; or
(b) it is not necessary for AFMA to collect the particular, either for its own purposes, or in accordance with an international fisheries agreement.
> Note: Under subsection 45(1) of the Act, a fishing right is registered by entering particulars in the Register of Statutory Fishing Rights, including the particulars prescribed in subregulation (1). Particulars that do not exist in relation to a statutory fishing right would be prescribed but could not be entered.
#### 21B Information to be included in High Seas Register
(1) For paragraph 57B(2)(i) of the Act, the particulars in the table in subregulation 21A(1) are prescribed.
(2) A particular mentioned in the table in subregulation 21A(1) is taken not to be prescribed if:
(a) the particular does not exist in relation to a fishing permit; or
(b) it is not necessary for AFMA to collect the particular, either for its own purposes, or in accordance with an international fisheries agreement.
> Note: Under subsection 45(1) of the Act, a fishing right is registered by entering particulars in the Register of Statutory Fishing Rights, including the particulars prescribed in subregulation (1). Particulars that do not exist in relation to a statutory fishing right would be prescribed but could not be entered.
#### 21C Information to be included in Fishing Permits Register
(1) For paragraph 57H(1)(e) of the Act, the particulars in the table in subregulation 21A(1) are prescribed.
(2) A particular mentioned in the table in subregulation 21A(1) is taken not to be prescribed if:
(a) the particular does not exist in relation to a fishing permit; or
(b) it is not necessary for AFMA to collect the particular, either for its own purposes, or in accordance with an international fisheries agreement.
> Note: Under subsection 45(1) of the Act, a fishing right is registered by entering particulars in the Register of Statutory Fishing Rights, including the particulars prescribed in subregulation (1). Particulars that do not exist in relation to a statutory fishing right would be prescribed but could not be entered.
## Part 7—Administration of the Statutory Fishing Rights Allocation Review Panel
#### 22 Hours of operation of Registries of the Panel
For the purposes of section 136 of the Act, a Registry of the Panel must be open for business from 9.30am to 1.00pm, and from 2.00pm to 4.00pm, on each day other than:
(a) a Saturday or Sunday; or
(b) a day that is observed as a holiday in the Australian Public Service in the place where the Registry is located.
#### 23 Registrar must date and acknowledge documents
For the purposes of paragraph 137(3)(c) of the Act, the Registrar of the Panel must:
(a) date documents received by the Panel; and
(b) acknowledge in writing an application for review of a decision to grant a fishing right.
#### 24 Application to the Panel for review of a decision to grant a fishing right
An application to the Panel under subsection 143(1) of the Act for review of a decision to grant a fishing right may be made using Form 2 in Schedule 1.
#### 25 Notification by Principal Member that an application for review has been made
For the purposes of subsection 144(1) of the Act, if an application is made to the Panel for review of a decision to grant a fishing right, the Principal Member may notify the persons referred to in that subsection of the application using Form 3 in Schedule 1.
#### 26 Notice of date, time and place of a hearing
For the purposes of subsection 145(2) of the Act, the Principal Member may give each party to a proceeding notice of the date, time and place fixed for a hearing in relation to the proceeding using Form 4 in Schedule 1.
#### 27 Summons
A form of summons under paragraph 146(2)(a) or 146(2)(b) of the Act is in Form 5 in Schedule 1.
#### 28 Witness expenses
If a person is summoned under paragraph 146(2)(a) of the Act to appear as a witness before the Panel, he or she is entitled to be paid fees and allowances for expenses in relation to the appearance at the same rate that is applicable under the Administrative Appeals Tribunal Regulations in relation to an appearance under the Administrative Appeals Tribunal Act 1975.
## Part 8—Documents relating to fishing concessions
#### 29 Replacement of documents
(1) AFMA may give a person a copy of a document issued by it, certifying that the person is the holder of a fishing concession or a scientific permit, if:
(a) the person applies to AFMA; and
(b) AFMA is satisfied that:
(i) the person was granted the concession or permit; and
(ii) the person has lost the original document; and
(iii) the original document is not being used improperly.
(2) AFMA may give a person a copy of a document issued by it, certifying that the person is the holder of a fishing concession or a scientific permit if:
(a) the original document is damaged; and
(b) the person applies to AFMA; and
(c) AFMA is satisfied that the person was granted the concession or permit; and
(d) the person gives the damaged document to AFMA.
(4) The copy of the document has the same force as the original document.
## Part 9—References to areas of the AFZ
#### 31 References to areas of the AFZ
For paragraph 168(2)(p) of the Act, an area of the AFZ referred to in column 2 of an item in Schedule 3 may be described using the short method of reference set out in column 3 of the item.
## Part 9A—Offences relating to fisheries
#### 37A Definitions
In this Part:
> closed zone has the meaning given by regulation 37B.
> unforeseen emergency includes the following:
(a) a threat to the safety of human life;
(b) a threat to the safety of a boat and property on board the boat;
(c) giving assistance to a person, boat or aircraft in danger or distress;
(d) a serious danger to navigation on or near the boat’s course;
(e) a failure, malfunction or defect that caused, or is likely to cause, serious damage to the boat, or that interfered with, or is likely to interfere with, the normal control of the boat.
#### 37B Meaning of closed zone
If:
(a) AFMA has given a direction under paragraph 17(5A)(a) or subsection 41A(2) of the Act; and
(b) the direction is in force; and
(c) the effect of the direction is that fishing is not to be engaged in in the area of a fishery, or a particular part of the area of a fishery, at a particular time; and
(d) a particular boat:
(i) is specified in, or is nominated for, a fishing concession that entitles the holder to engage in fishing in the fishery or that authorises the use of the boat for fishing in the fishery; or
(ii) is specified in a scientific permit that authorises the use of the boat for scientific research purposes in the fishery; and
(e) the direction applies to the holder of the fishing concession or scientific permit;
the area of the fishery, or the particular part of the area of the fishery, to which the direction applies is, at the time, a closed zone for the boat in the capacity mentioned in paragraph (d).
#### 37C Navigating in area that is a closed zone for less than 24 hours
(1) The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for less than 24 hours.
Penalty: 25 penalty units.
(2) Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:
(a) the boat was navigated in the closed zone for a period of 30 minutes or more; and
(b) for the period the boat was in the closed zone, the boat was:
(i) stationary; or
(ii) travelling at a speed of 5 knots or more as worked out under subregulation (5).
(3) Subregulation (1) does not apply to the master of a boat if:
(a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and
(b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.
(4) An offence against subregulation (1) is an offence of strict liability.
(5) To work out a boat’s speed:
(a) for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and
(b) divide the distance by the time taken by the boat to travel between the two points.
(6) In this regulation a boat is taken to be stationary if it is travelling at a speed of 0.5 knots or less as worked out under subregulation (5).
#### 37D Navigating in area that is a closed zone for 24 hours or more
(1) The master of a boat commits an offence if the boat is being navigated in an area that, at the time, is a closed zone for the boat for 24 hours or more.
Penalty: 25 penalty units.
(2) Subregulation (1) does not apply to the master of a boat if information given by the boat’s vessel monitoring system during the period that the boat was navigated in the closed zone shows that:
(a) the boat was navigated in the closed zone for a continuous period of 30 minutes or more; and
(b) at all times during the period, the boat was travelling at a speed of at least 5 knots as worked out under subregulation (5).
(3) Subregulation (1) does not apply to the master of a boat if:
(a) AFMA had given approval for the boat to be navigated in the closed zone because of an unforeseen emergency, or circumstances beyond the control of the master of the boat; and
(b) the boat was navigated in the closed zone in accordance with any instructions given by AFMA.
(4) An offence against subregulation (1) is an offence of strict liability.
(5) For paragraph (2)(b), to work out a boat’s speed:
(a) for each consecutive pair of points identified by the boat’s vessel monitoring system, identify the shortest distance between the pair of points in a straight line; and
(b) divide the distance by the time taken by the boat to travel between the two points.
## Part 10—Infringement notices
#### 38 When an infringement notice may be given
(1) If an officer believes on reasonable grounds that a person has contravened a provision subject to an infringement notice, the officer may give to the person an infringement notice for the alleged contravention.
(2) The infringement notice must be given within 12 months after the day on which the contravention is alleged to have taken place.
(3) A single infringement notice must relate only to a single contravention of a single provision unless subregulation (4) applies.
(4) An officer may give a person a single infringement notice relating to multiple contraventions of a single provision if:
(a) the provision requires the person to do a thing within a particular period or before a particular time; and
(b) the person fails or refuses to do that thing within that period or before that time; and
(c) the failure or refusal occurs on more than 1 day; and
(d) each contravention is constituted by the failure or refusal on one of those days.
> Note: For continuing offences, see subsection 4K(2) of the Crimes Act 1914.
#### 39 Matters to be included in an infringement notice
(1) An infringement notice must:
(a) be identified by a unique number; and
(b) state the day on which it is given; and
(c) state the name of the person to whom the notice is given; and
(d) state the name and contact details of the person who gave the notice, and that the person is an officer for the purposes of issuing the infringement notice; and
(e) give brief details of the alleged contravention, including:
(i) the provision that was allegedly contravened; and
(ii) the maximum penalty that a court could impose if the provision were contravened; and
(iii) the time (if known) and day of, and the place of, the alleged contravention; and
(f) state the amount that is payable under the notice; and
(g) give an explanation of how payment of the amount is to be made; and
(h) state that, if the person to whom the notice is given pays the amount within 28 days after the day the notice is given, then (unless the notice is withdrawn) the person will not be liable to be prosecuted in a court for the alleged contravention; and
(i) state that payment of the amount is not an admission of guilt or liability; and
(j) state that the person may apply to the CEO to have the period in which to pay the amount extended; and
(k) state that the person may choose not to pay the amount and, if the person does so, the person may be prosecuted in a court for the alleged contravention; and
(l) set out how the notice can be withdrawn; and
(m) state that if the notice is withdrawn, the person may be prosecuted in a court for the alleged contravention; and
(n) state that the person may make written representations to the CEO seeking the withdrawal of the notice.
(2) The amount to be stated in the notice for the purposes of paragraph (1)(f) for the alleged contravention of the provision by the person must be the lesser of:
(a) one‑fifth of the maximum penalty that a court could impose on the person for that contravention; and
(b) 12 penalty units where the person is an individual, or 60 penalty units where the person is a body corporate.
#### 40 Extension of time to pay amount
(1) A person to whom an infringement notice has been given may apply to the CEO for an extension of the period referred to in paragraph 39(1)(h).
(2) If the application is made before the end of that period, the CEO may, in writing, extend that period. The CEO may do so before or after the end of that period.
(3) If the CEO extends that period, a reference in this Part, or in a notice or other instrument under this Part, to the period referred to in paragraph 39(1)(h) is taken to be a reference to that period so extended.
(4) If the CEO does not extend that period, a reference in this Part, or in a notice or other instrument under this Part, to the period referred to in paragraph 39(1)(h) is taken to be a reference to the period that ends on the later of the following days:
(a) the day that is the last day of the period referred to in paragraph 39(1)(h);
(b) the day that is 7 days after the day the person was given notice of the CEO’s decision not to extend.
(5) The CEO may extend the period more than once under subregulation (2).
#### 41 Withdrawal of an infringement notice
Representation seeking withdrawal of notice
(1) A person to whom an infringement notice has been given may make written representations to the CEO seeking the withdrawal of the notice.
Withdrawal of notice
(2) The CEO may withdraw an infringement notice given to a person (whether or not the person has made written representations seeking the withdrawal).
(3) When deciding whether or not to withdraw an infringement notice (the relevant infringement notice), the CEO:
(a) must take into account any written representations seeking the withdrawal that were given by the person to the CEO; and
(b) may take into account the following:
(i) whether a court has previously imposed a penalty on the person for a contravention of a provision subject to an infringement notice;
(ii) the circumstances of the alleged contravention;
(iii) whether the person has paid an amount, stated in an earlier infringement notice, for a contravention of a provision subject to an infringement notice if the contravention is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention in the relevant infringement notice;
(iv) any other matter the CEO considers relevant.
Notice of withdrawal
(4) Notice of the withdrawal of the infringement notice must be given to the person. The withdrawal notice must state:
(a) the person’s name and address; and
(b) the day the infringement notice was given; and
(c) the identifying number of the infringement notice; and
(d) that the infringement notice is withdrawn; and
(e) that the person may be prosecuted in a court for the alleged contravention.
Refund of amount if infringement notice withdrawn
(5) If:
(a) the CEO withdraws the infringement notice; and
(b) the person has already paid the amount stated in the notice;
AFMA must refund to the person an amount equal to the amount paid.
#### 42 Effect of payment of amount
(1) If the person to whom an infringement notice for an alleged contravention of a provision is given pays the amount stated in the notice before the end of the period referred to in paragraph 39(1)(h):
(a) any liability of the person for the alleged contravention is discharged; and
(b) the person may not be prosecuted in a court for the alleged contravention; and
(c) the person is not regarded as having admitted guilt or liability for the alleged contravention; and
(d) the person is not regarded as having been convicted of the alleged offence.
(2) Subsection (1) does not apply if the notice has been withdrawn.
#### 43 Effect of this Part
This Part does not:
(a) require an infringement notice to be given to a person for an alleged contravention of a provision subject to an infringement notice; or
(b) affect the liability of a person for an alleged contravention of a provision subject to an infringement notice if:
(i) the person does not comply with an infringement notice given to the person for the contravention; or
(ii) an infringement notice is not given to the person for the contravention; or
(iii) an infringement notice is given to the person for the contravention and is subsequently withdrawn; or
(c) prevent the giving of 2 or more infringement notices to a person for an alleged contravention of a provision subject to an infringement notice; or
(d) limit a court’s discretion to determine the amount of a penalty to be imposed on a person who is found to have contravened a provision subject to an infringement notice.
#### 44 Delegation by CEO
The CEO may, in writing, delegate the following powers and functions to an officer:
(a) the power under regulation 40 to extend the period referred to in paragraph 39(1)(h) in relation to an infringement notice;
(b) the power under regulation 41 to withdraw an infringement notice.
## Part 12—Incidental catch of seabirds
### Division 3—Discharge of offal
#### 75 Application
This Division applies to:
(a) Australian boats; and
(b) foreign boats in the AFZ.
#### 76 When a person may discharge offal
(1) A person must not discharge offal from a boat while the crew of the boat are setting:
(a) a pelagic, or drifting, longline; or
(b) a demersal longline; or
(c) a trotline; or
(d) a dropline.
Penalty: 25 penalty units.
(2) A person must not discharge offal from a boat while the crew of the boat are hauling a line mentioned in subregulation (1).
Penalty: 25 penalty units.
(3) Subregulation (2) does not apply if the boat concerned is exempted under regulation 77.
> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.
(4) An offence under subregulation (1) or (2) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
(5) It is a defence to a prosecution under subregulation (2) if:
(a) it is not practical to store offal on the boat until the crew has finished hauling the line; and
(b) the offal is discharged during hauling:
(i) while the vessel is not under way; and
(ii) from the opposite side of the vessel to that where the line is being hauled.
> Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.
#### 77 Exemptions
(1) Subregulation 76(2) does not apply to a boat if the operator of the boat is:
(a) the holder of a fishing concession that contains a condition exempting the holder from complying with subregulation 76(2); or
(b) the holder of a scientific permit granted for the purpose of testing alternative measures to minimise the risk of incidental catch of seabirds.
(2) AFMA may include a condition in a fishing concession exempting the holder of the concession from complying with subregulation 76(2).
(3) If a fishing concession or scientific permit mentioned in subregulation (1) requires the holder of the concession or permit to take alternative action to minimise the risk of incidental catch of seabirds, the holder must take that action.
Penalty: 25 penalty units.
(4) An offence under subregulation (3) is an offence of strict liability.
> Note: For strict liability, see section 6.1 of the Criminal Code.
## Part 13—Collection and disclosure of information
#### 78 Collection and disclosure of information
(1) In the performance of its functions mentioned in paragraphs 7(1)(gaa) and (gb) of the Fisheries Administration Act 1991, AFMA may collect information, including personal information, relating to any of the following:
(a) possible breaches of the laws of Australia or of a foreign country;
(b) the control and protection of Australia’s borders;
(c) the administration and management of fisheries or marine environments;
(d) research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments.
(2) AFMA may disclose the information to a government organisation if AFMA is satisfied that the information relates to the performance of a function of the government organisation.
(3) AFMA may disclose the information at the request of the government organisation or on its own initiative.
(4) AFMA may disclose the information in hard copy, electronic format or orally.