4Simplified outline of this instrument

4 Simplified outline of this instrument

This instrument affects the operation and administration of the Act in various ways.

The application of the Act extends to areas outside the AFZ that are specified in Part 2 of this instrument and Schedule 1 to this instrument.

There are short ways of referring to certain areas in the AFZ for managing fishing in those areas (see Part 3 and Schedule 2).

To conserve the marine environment, there is a limit on the length of boats that may be used for fishing in the AFZ (see Part 4).

Special procedures must be followed in making fishing rights available by tender (see Part 5).

Under the Act, AFMA may cancel a fishing concession if payments relating to the fishing concession have not been made within a period set by Part 6 of this instrument.

Fishing concessions are subject to conditions, including those set out in Part 7 (and Schedules 3 to 5) which deal with such things as nominating boats for fishing concessions, catch limits and protecting the marine environment.

Holders of fish receiver permits must keep records and give information to AFMA in accordance with Part 8.

Masters and owners of boats must ensure information such as identification codes allocated by AFMA, and names and radio call signs of foreign boats, are clearly displayed on the boats. Certain information must also be given to AFMA.

Under the Act, AFMA may direct that fishing not occur in part of a fishery. It is an offence for the master of a boat to navigate the boat in certain ways in an area subject to such a direction (see Division 3 of Part 9).

There are rules about the keeping and disposing of fishing equipment an officer finds in the AFZ if the owner of the equipment is unknown (see Division 4 of Part 9).

There are rules about identifying and disclosing identifying information about persons detained because they are reasonably suspected of having committed an offence using a foreign boat and who are not Australian citizens or Australian residents (see Part 10).

Part 11 provides for administrative matters, including:

(a) information that must be included in certain registers; and

(b) collection and disclosure by AFMA of information relevant to law enforcement, border protection, fisheries or the marine environment; and

(c) the operation of the Statutory Fishing Rights Allocation Review Panel; and

(d) the placement of caveats on the transfer of certain fishing concessions; and

(e) fees.

Part 12 sets out transitional provisions.