Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Fisheries Regulation 2001
SL2001-29
made under the
Fisheries Act 2000
Republication No 8
Effective: 18 November 2019
Republication date: 18 November 2019
Last amendment made by A2019-27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Fisheries Regulation 2001, made under the Fisheries Act 2000
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 18 November 2019. It also includes any commencement, amendment, repeal or
expiry affecting this republished law to 18 November 2019.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
R8
18/11/19
Fisheries Regulation 2001
Effective: 18/11/19
contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Fisheries Regulation 2001
made under the
Fisheries Act 2000
Contents
Page
1 Name of regulation 2
2 Notes 2
2A Offences against regulation—application of Criminal Code etc 2
3 Prescribed number of fish—Act, s 37 (1) 2
4 Prescribed quantity of fish—Act, s 45 (1) 2
4AA Aquaculture capacity limit—Act, s 48 3
4A Commercial quantity—Act, dict, def commercial quantity 3
5 Hoop nets 3
Contents
Page
contents 2 Fisheries Regulation 2001
Effective: 18/11/19
R8
18/11/19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes 4
2 Abbreviation key 4
3 Legislation history 5
4 Amendment history 6
5 Earlier republications 7
R8
18/11/19
Fisheries Regulation 2001
Effective: 18/11/19
page 1
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Fisheries Regulation 2001
made under the
Fisheries Act 2000
Section 1
page 2 Fisheries Regulation 2001
Effective: 18/11/19
R8
18/11/19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
1 Name of regulation
This regulation is the Fisheries Regulation 2001.
2 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
2A Offences against regulation—application of Criminal
Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
3 Prescribed number of fish—Act, s 37 (1)
The number of fish prescribed for any period is zero.
4 Prescribed quantity of fish—Act, s 45 (1)
The quantity of fish prescribed is 0kg.
Section 4AA
R8
18/11/19
Fisheries Regulation 2001
Effective: 18/11/19
page 3
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
4AA Aquaculture capacity limit—Act, s 48
The prescribed aquaculture capacity limit is 10 000L.
4A Commercial quantity—Act, dict, def commercial quantity
The quantity of fish of a priority species that is a commercial quantity
is as follows:
(a) for abalone—100 or more;
(b) Murray Cod—20 or more;
(c) for rock lobster—20 or more.
5 Hoop nets
(1) This section applies if the Minister declares under the Act, section 17
(Declaration of fishing gear) that hoop nets are fishing gear that may
be used for taking fish (or a particular kind of fish).
(2) A person must not use a hoop net other than by lowering it into the
water and drawing it out by hand vertically.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
Endnotes
1 About the endnotes
page 4 Fisheries Regulation 2001
Effective: 18/11/19
R8
18/11/19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
R8
18/11/19
Fisheries Regulation 2001
Effective: 18/11/19
page 5
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
3 Legislation history
This regulation was originally the Fisheries Regulations 2001. It was renamed
under the Legislation Act 2001.
Fisheries Regulation 2001 A2001-29
notified 30 August 2001 (Gaz 2001 No 35)
commenced 30 August 2001 (s 2)
as amended by
Statute Law Amendment Act 2002 A2002-30 pt 3.30
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.30 commenced 17 September 2002 (s 2 (1))
Fisheries Amendment Regulations 2004 (No 1) SL2004-2
notified LR 15 January 2004
s 1, s 2 commenced 15 January 2004 (LA s 75 (1))
remainder commenced 16 January 2004 (s 2)
Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.22
notified LR 27 October 2005
s 1, s 2 commenced 27 October 2005 (LA s 75 (1))
sch 1 pt 1.22 commenced 24 November 2005 (s 2)
Fisheries Amendment Act 2006 A2006-48 s 24
notified LR 28 November 2006
s 1, s 2 commenced 28 November 2006 (LA s 75 (1))
s 24 commenced 29 November 2006 (s 2)
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.14
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.14 commenced 11 July 2007 (s 2 (1))
Fisheries Legislation Amendment Act 2019 A2019-27 pt 3
notified LR 2 October 2019
s 1, s 2 commenced 2 October 2019 (LA s 75 (1))
pt 3 commenced 18 November 2019 (s 2 and CN2019-17)
Endnotes
4 Amendment history
page 6 Fisheries Regulation 2001
Effective: 18/11/19
R8
18/11/19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
4 Amendment history
Name of regulation
s 1 am R4 LA
Notes
s 2 om LA s 89 (4)
ins A2005-54 amdt 1.154
Offences against regulation—application of Criminal Code etc
s 2A ins A2005-54 amdt 1.154
Prescribed number of fish—Act, s 37 (1)
s 3 sub A2002-30 amdt 3.374
Prescribed quantity of fish—Act, s 45 (1)
s 4 sub A2002-30 amdt 3.374
Aquaculture capacity limit—Act, s 48
s 4AA ins A2019-27 s 77
Commercial quantity—Act, dict, def commercial quantity
s 4A hdg sub A2007-16 amdt 3.62
s 4A ins A2006-48 s 24
am A2019-27 s 78; pars renum R8 LA
Hoop nets
s 5 sub A2005-54 amdt 1.155
Infringement notice offences—Act, s 90, def of infringement notice offence
s 6 om SL2004-2 s 4
Infringement notice penalties—Act, s 90, def of infringement notice penalty
s 7 om SL2004-2 s 4
Cost of serving reminder notice—Act, s 90, def of infringement notice
penalty, par (b)
s 8 om SL2004-2 s 4
Infringement notice offences and penalties
sch 1 om SL2004-2 s 4