Torres Strait Fisheries Regulations 1985

Part 1—Preliminary

1 Name of regulations

These regulations are the Torres Strait Fisheries Regulations 1985.

2 Interpretation

(1) In these regulations, unless the contrary intention appears:

1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.

5 year licence means a licence other than a 1 year licence.

licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.

Protected Zone Joint Authority has the same meaning as in Part V of the Act.

the Act means the Torres Strait Fisheries Act 1984.

(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

Part 2—Regulation of fishing

3 Prescribed manner of publication

The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.

4 Prescribed manner of broadcast

The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.

4A Terms of licences

For subsections 23(1) and (2) of the Act, the period of 5 years is specified for: (a) each licence granted under subsection 19(1) of the Act; and (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.

5 Payment of licence fee

A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.

6 Licence and other fees

(1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item. (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.

7 Distinguishing number

(1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ . (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ . (3) If: (a) a boat in respect of which a licence under section 19 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3; (b) a boat in respect of which an endorsement under section 20 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed; the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding: (d) in the case of a natural person—20 penalty units; or (e) in the case of a body corporate—100 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.

8 Requirements of orders to be complied with

(1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals. (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units. (2A) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with. (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.

9 Identity cards

(1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act. (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.

Penalty: 1 penalty unit.

(3) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10 Publication of log‑books

(1) Where the Minister is satisfied that information: (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish; is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations. (2) Each form of log‑book shall be appropriate to: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book. (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include: (a) the following particulars of the person in charge of taking or processing fish by means of the boat: (i) the person’s name; (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and (iii) the duration of experience of the master in the method of fishing carried on by means of a boat; (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish; (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment; (d) particulars of the fish taken by means of the boat; (e) particulars of circumstances related to the taking of fish by means of the boat; and (f) particulars of the sale or disposal of fish taken by means of the boat.

11 Powers of Minister

(1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat: (d) engaged in taking in that area of waters fish included in that class of fish; or (e) engaged in an activity related to taking in that area of waters fish included in that class of fish. (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book: (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and (b) the places where copies of the form of log‑book can be obtained during ordinary business hours. (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book. (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book. (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book. (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book. (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published. (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations. (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.

12 Offences in relation to log‑books

(1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book. (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units. (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.

(6) An offence under subregulation (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

13 Secrecy

(1) A person must not, either directly or indirectly: (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.

Penalty: 5 penalty units.

(1A) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.

Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.

(2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.

14 Short methods of reference

(1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item. (2) In Schedule 2, unless the contrary intention appears:

Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.

Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.

Part 1—Preliminary

1 Name of regulations

These regulations are the Torres Strait Fisheries Regulations 1985.

2 Interpretation

(1) In these regulations, unless the contrary intention appears:

1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.

5 year licence means a licence other than a 1 year licence.

licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.

Protected Zone Joint Authority has the same meaning as in Part V of the Act.

the Act means the Torres Strait Fisheries Act 1984.

(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

Part 2—Regulation of fishing

3 Prescribed manner of publication

The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.

4 Prescribed manner of broadcast

The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.

4A Terms of licences

For subsections 23(1) and (2) of the Act, the period of 5 years is specified for: (a) each licence granted under subsection 19(1) of the Act; and (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.

5 Payment of licence fee

A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.

6 Licence and other fees

(1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item. (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.

7 Distinguishing number

(1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ . (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ . (3) If: (a) a boat in respect of which a licence under section 19 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3; (b) a boat in respect of which an endorsement under section 20 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed; the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding: (d) in the case of a natural person—20 penalty units; or (e) in the case of a body corporate—100 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.

8 Requirements of orders to be complied with

(1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals. (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units. (2A) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with. (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.

9 Identity cards

(1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act. (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.

Penalty: 1 penalty unit.

(3) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10 Publication of log‑books

(1) Where the Minister is satisfied that information: (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish; is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations. (2) Each form of log‑book shall be appropriate to: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book. (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include: (a) the following particulars of the person in charge of taking or processing fish by means of the boat: (i) the person’s name; (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and (iii) the duration of experience of the master in the method of fishing carried on by means of a boat; (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish; (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment; (d) particulars of the fish taken by means of the boat; (e) particulars of circumstances related to the taking of fish by means of the boat; and (f) particulars of the sale or disposal of fish taken by means of the boat.

11 Powers of Minister

(1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat: (d) engaged in taking in that area of waters fish included in that class of fish; or (e) engaged in an activity related to taking in that area of waters fish included in that class of fish. (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book: (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and (b) the places where copies of the form of log‑book can be obtained during ordinary business hours. (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book. (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book. (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book. (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book. (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published. (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations. (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.

12 Offences in relation to log‑books

(1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book. (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units. (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.

(6) An offence under subregulation (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

13 Secrecy

(1) A person must not, either directly or indirectly: (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.

Penalty: 5 penalty units.

(1A) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.

Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.

(2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.

14 Short methods of reference

(1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item. (2) In Schedule 2, unless the contrary intention appears:

Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.

Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.

Part 3—Detention of suspected illegal foreign fishers etc

Division 1—Training for officers

15 Training for officers and detention officers

For subclause 6(1) of Schedule 2 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

16 Personal identifiers

For paragraph 26(1)(g) of Schedule 2 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.

17 Personal identifiers detainees must provide

For paragraph 28(2)(e) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

18 Personal identifiers officers must require non‑citizens to provide by way of identification tests

For paragraph 29(1)(a) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

19 Information to be provided before carrying out identification tests

(1) For paragraph 30(1)(b) of Schedule 2 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 2 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 2 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.

20 Authorising access to video recordings—limitations

For subclause 41(3) of Schedule 2 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 2 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.

21 Providing video recordings—permitted provision

(1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 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.

22 Providing video recordings—limitations

For paragraph 42(3)(a) of Schedule 2 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 2 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

23 Authorising access to identifying information

For subclause 52(3) of Schedule 2 of 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 2 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.

24 Authorising disclosure of identifying information

For subclause 54(1) of Schedule 2 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.

25 Disclosure of identifying information to Australian bodies

For paragraph 54(1)(d) of Schedule 2 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:

26 Disclosure of identifying information to international organisations

For paragraph 54(1)(e) of Schedule 2 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:

Part 1—Preliminary

1 Name of regulations

These regulations are the Torres Strait Fisheries Regulations 1985.

2 Interpretation

(1) In these regulations, unless the contrary intention appears:

1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.

5 year licence means a licence other than a 1 year licence.

licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.

Protected Zone Joint Authority has the same meaning as in Part V of the Act.

the Act means the Torres Strait Fisheries Act 1984.

(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

Part 2—Regulation of fishing

3 Prescribed manner of publication

The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.

4 Prescribed manner of broadcast

The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.

4A Terms of licences

For subsections 23(1) and (2) of the Act, the period of 5 years is specified for: (a) each licence granted under subsection 19(1) of the Act; and (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.

5 Payment of licence fee

A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.

6 Licence and other fees

(1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item. (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.

7 Distinguishing number

(1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ . (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ . (3) If: (a) a boat in respect of which a licence under section 19 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3; (b) a boat in respect of which an endorsement under section 20 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed; the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding: (d) in the case of a natural person—20 penalty units; or (e) in the case of a body corporate—100 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.

8 Requirements of orders to be complied with

(1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals. (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units. (2A) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with. (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.

9 Identity cards

(1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act. (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.

Penalty: 1 penalty unit.

(3) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10 Publication of log‑books

(1) Where the Minister is satisfied that information: (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish; is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations. (2) Each form of log‑book shall be appropriate to: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book. (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include: (a) the following particulars of the person in charge of taking or processing fish by means of the boat: (i) the person’s name; (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and (iii) the duration of experience of the master in the method of fishing carried on by means of a boat; (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish; (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment; (d) particulars of the fish taken by means of the boat; (e) particulars of circumstances related to the taking of fish by means of the boat; and (f) particulars of the sale or disposal of fish taken by means of the boat.

11 Powers of Minister

(1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat: (d) engaged in taking in that area of waters fish included in that class of fish; or (e) engaged in an activity related to taking in that area of waters fish included in that class of fish. (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book: (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and (b) the places where copies of the form of log‑book can be obtained during ordinary business hours. (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book. (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book. (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book. (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book. (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published. (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations. (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.

12 Offences in relation to log‑books

(1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book. (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units. (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.

(6) An offence under subregulation (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

13 Secrecy

(1) A person must not, either directly or indirectly: (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.

Penalty: 5 penalty units.

(1A) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.

Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.

(2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.

14 Short methods of reference

(1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item. (2) In Schedule 2, unless the contrary intention appears:

Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.

Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.

Part 3—Detention of suspected illegal foreign fishers etc

Division 1—Training for officers

15 Training for officers and detention officers

For subclause 6(1) of Schedule 2 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

16 Personal identifiers

For paragraph 26(1)(g) of Schedule 2 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.

17 Personal identifiers detainees must provide

For paragraph 28(2)(e) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

18 Personal identifiers officers must require non‑citizens to provide by way of identification tests

For paragraph 29(1)(a) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

19 Information to be provided before carrying out identification tests

(1) For paragraph 30(1)(b) of Schedule 2 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 2 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 2 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.

20 Authorising access to video recordings—limitations

For subclause 41(3) of Schedule 2 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 2 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.

21 Providing video recordings—permitted provision

(1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 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.

22 Providing video recordings—limitations

For paragraph 42(3)(a) of Schedule 2 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 2 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

23 Authorising access to identifying information

For subclause 52(3) of Schedule 2 of 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 2 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.

24 Authorising disclosure of identifying information

For subclause 54(1) of Schedule 2 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.

25 Disclosure of identifying information to Australian bodies

For paragraph 54(1)(d) of Schedule 2 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:

26 Disclosure of identifying information to international organisations

For paragraph 54(1)(e) of Schedule 2 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:

15 Training for officers and detention officers

For subclause 6(1) of Schedule 2 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.

Part 1—Preliminary

1 Name of regulations

These regulations are the Torres Strait Fisheries Regulations 1985.

2 Interpretation

(1) In these regulations, unless the contrary intention appears:

1 year licence means a licence the specified expiry date of which is in the period of 12 months beginning on the day on which the licence comes into force.

5 year licence means a licence other than a 1 year licence.

licensing authority means the Minister or the Protected Zone Joint Authority and includes, in relation to the exercise of a power or the performance of a function that has been delegated by the Minister or the Protected Zone Joint Authority to a person under subsection 9(1) or subsection 38(1) of the Act, as the case may be, that person.

Protected Zone Joint Authority has the same meaning as in Part V of the Act.

the Act means the Torres Strait Fisheries Act 1984.

(2) The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

Part 2—Regulation of fishing

3 Prescribed manner of publication

The manner of publication under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by publication in such newspaper as in the opinion of the Minister or the Protected Zone Joint Authority, as the case may be, is appropriate having regard to the nature of the contents of the notice.

4 Prescribed manner of broadcast

The manner of broadcast under subsection 14(11), 16(9) or 17(3) of the Act of the contents of a notice is by way of transmission in the State of Queensland on a frequency commonly used by fishing boats in the Torres Strait.

4A Terms of licences

For subsections 23(1) and (2) of the Act, the period of 5 years is specified for: (a) each licence granted under subsection 19(1) of the Act; and (b) each licence for an Australian boat, granted under subsection 19(2) of the Act.

5 Payment of licence fee

A licensing authority shall not grant a licence under section 19 of the Act, renew a licence under section 24 of the Act or transfer a licence under section 25 of the Act unless the fee prescribed by these Regulations in respect of the grant, renewal or transfer, as the case may be, of that licence has been tendered.

6 Licence and other fees

(1) The fee specified in column 3 of Schedule 1 in an item in that schedule is payable in respect of the matter specified in column 2 of that schedule in that item. (2) For Schedule 1, the overall length of a boat is the distance between a vertical line passing through the front point of the hull and a vertical line passing through the rear point of the hull measured in a horizontal plane, and includes the length of any appendage that effectively increases the length of the hull, but excludes the length of any anchor rail, bowsprit or similar appendage.

7 Distinguishing number

(1) Where a licensing authority grants a licence authorizing the use of an Australian boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of a letter or number, or letters followed by a number, followed by the letter ‘T’ . (2) Where a licensing authority grants a licence authorizing the use of a foreign boat for fishing in areas of Australian jurisdiction, the licensing authority shall assign to the boat a distinguishing number consisting of the boat’s international radio call‑sign followed by the letter ‘T’ . (3) If: (a) a boat in respect of which a licence under section 19 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to it under subregulation (1) or (2) conspicuously and legibly displayed in such a position or in such positions on the boat as to be clearly visible from aircraft and from surface vessels in black letters and figures on a yellow ground, each letter and figure being in accordance with the requirements of Schedule 3; (b) a boat in respect of which an endorsement under section 20 of the Act is in force: (i) is used for fishing in areas of Australian jurisdiction; and (ii) does not bear the distinguishing number assigned to the boat under the law of Papua New Guinea and displayed in accordance with a law of Papua New Guinea applicable to fishing in the Protected Zone; or (c) a boat in respect of which a licence has been granted under section 19 of the Act has ceased to be so licensed and the letter ‘T’ appended to the distinguishing number assigned to it under subregulation (1) or (2) has not been completely obliterated or removed; the master and the owner of the boat shall each be guilty of an offence punishable on conviction by a fine not exceeding: (d) in the case of a natural person—20 penalty units; or (e) in the case of a body corporate—100 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.

8 Requirements of orders to be complied with

(1) The master of a boat in an area of Australian jurisdiction shall comply with the measures required by Marine Orders, Part 30 (Prevention of Collisions) as in force at the commencement of these Regulations relating to the prevention of collisions and the provision and use of lights and signals. (2) A person who fails to comply with subregulation (1) is guilty of an offence against these Regulations punishable on conviction by a fine not exceeding 20 penalty units. (2A) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(3) The imposition of a penalty under this regulation does not relieve a person from civil liability for damage occasioned by that person’s failure to comply with a measure which, under this regulation, that person was obliged to comply with. (4) In this regulation, a reference to Marine Orders is a reference to orders made under the Navigation (Orders) Regulations.

9 Identity cards

(1) The Secretary shall cause to be issued to each officer, other than a member of the Defence Force or a member or special member of the Australian Federal Police or a member of the Police Force of Queensland, an identity card stating that the person to whom the card has been issued is an officer for the purposes of the Act. (2) A person to whom an identity card has been issued who ceases to be an officer shall forthwith return the card to the Secretary.

Penalty: 1 penalty unit.

(3) An offence under subregulation (2) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

10 Publication of log‑books

(1) Where the Minister is satisfied that information: (a) in relation to the taking or processing of fish in areas of Australian jurisdiction and the sale or disposal of those fish; or (b) relating to the taking or processing of fish with the use of a boat licensed under section 19 of the Act in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish; is required in pursuit of the objectives of the Act, the Minister shall cause to be published forms of log‑books in which the information can be entered in accordance with these Regulations. (2) Each form of log‑book shall be appropriate to: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which information is to be entered in the log‑book and shall bear a letter, number or symbol by which it can be distinguished from other forms of log‑book. (3) The information referred to in subregulation (1) that may be required to be entered in a log‑book in respect of fish taken by means of a boat may include: (a) the following particulars of the person in charge of taking or processing fish by means of the boat: (i) the person’s name; (ii) the number of his certificate of competency (if any) as a master of a boat and the name of the authority that granted it; and (iii) the duration of experience of the master in the method of fishing carried on by means of a boat; (b) the number of the crew of the boat and the number of that crew who are normally directly engaged in taking fish; (c) particulars of the physical characteristics, and means of identification, of the boat and its equipment; (d) particulars of the fish taken by means of the boat; (e) particulars of circumstances related to the taking of fish by means of the boat; and (f) particulars of the sale or disposal of fish taken by means of the boat.

11 Powers of Minister

(1) Where the Minister has, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland, determined in respect of a form of log‑book: (a) the kind of fish; (b) the kind of fishing activity; and (c) the area of waters; in respect of which the form of log‑book is to be used in accordance with these Regulations, the form of log‑book is for the purposes of these Regulations the appropriate form of log‑book in relation to a boat: (d) engaged in taking in that area of waters fish included in that class of fish; or (e) engaged in an activity related to taking in that area of waters fish included in that class of fish. (2) The Minister shall, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine in respect of each form of log‑book: (a) the beginning and the end of the period during which subregulation 12(1) or (2) shall apply in respect of the form of log‑book; and (b) the places where copies of the form of log‑book can be obtained during ordinary business hours. (3) For the purposes of a notice referred to in subregulation (1) or (2), it shall be sufficient to identify a form of log‑book by means of the letter, number or symbol, referred to in subregulation 10(2), by which it is distinguished from other forms of log‑book. (4) In respect of a form of log‑book, the beginning of a period referred to in paragraph (2)(a) shall be not less than 14 days after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the later, in relation to the form of log‑book. (5) In respect of a form of log‑book, the duration of a period referred to in paragraph (2)(a) shall not be longer than 3 years after the date on which the notice referred to in subregulation (2) is published in the Gazette, or in a newspaper referred to in that subregulation, whichever is the earlier, in relation to the form of log‑book. (6) The Minister may, by notice in writing published in the Gazette and in a newspaper circulating in the State of Queensland determine that subregulation 12(1), (2) or (3) shall not apply in relation to masters of a specified class of boat in respect of a specified form of log‑book. (7) The Minister shall determine in respect of each form of log‑book the newspaper or newspapers in which a notice referred to in subregulation (1), (2) or (6) shall be published. (8) In making a determination under subregulation (7), the Minister shall have regard to the area of waters in respect of which the form of log‑book is to be used in accordance with these Regulations. (9) Nothing in these Regulations prevents notices under subregulation (1), (2) or (6) being combined and published as one notice.

12 Offences in relation to log‑books

(1) The master of a boat licensed under section 19 of the Act or a boat in respect of which an endorsement under section 20 of the Act is in force who uses the boat in relation to the taking or processing of fish in an area of Australian jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (2) The master of a boat licensed under section 19 of the Act who uses the boat in relation to the taking or processing of fish in areas of Papua New Guinea jurisdiction on a day in the period specified in the appropriate log‑book in relation to the boat, being the period determined in accordance with subregulation 11(2) by the Minister in respect of the log‑book, shall, not later than the day immediately following that day, cause information relating to the taking, processing, sale or disposal of fish to be entered in the log‑book in accordance with the requirements set out in the log‑book. (3) The master of a boat who caused information to be entered in a log‑book shall cause the folios of the log‑book in which the information has been entered to be furnished as soon as practicable to an officer, or to the Department, in accordance with the requirements set out in the log‑book. (4) If the master of a boat fails to comply with subregulation (1), (2) or (3), he or she commits an offence punishable by a maximum fine of 20 penalty units. (5) It is a defence to a prosecution under subregulation (4) if the defendant has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter mentioned in this subregulation—see section 13.3 of the Criminal Code.

(6) An offence under subregulation (4) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

13 Secrecy

(1) A person must not, either directly or indirectly: (a) make a record of, or communicate to a person, information concerning the affairs of another person, that is contained in a log‑book; or (b) produce to a person any part of a log‑book in which information has been recorded under these Regulations.

Penalty: 5 penalty units.

(1A) An offence under subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) Subregulation (1) does not apply in relation to making a record of information, communicating information or producing a logbook in the performance of a duty under, or in relation to, the Act or these Regulations, or in accordance with an order of a court.

Note: A defendant bears an evidential burden in relation to the matters mentioned in this subregulation—see section 13.3 of the Criminal Code.

(2) In this regulation, court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.

14 Short methods of reference

(1) For the purposes of a notice under section 14, 16, or 17 of the Act, or any other instrument made by or under the authority of the Act, the short method of reference set out in an item in Schedule 2 is the short method of reference to the area of Australian jurisdiction referred to in that item. (2) In Schedule 2, unless the contrary intention appears:

Fisheries Jurisdiction Line means the line referred to in paragraph (a) of the definition of area of Australian jurisdiction in subsection 3(1) of the Act.

Seabed Jurisdiction Line means the line described in Annex 5 to the Torres Strait Treaty.

Part 3—Detention of suspected illegal foreign fishers etc

Division 1—Training for officers

15 Training for officers and detention officers

For subclause 6(1) of Schedule 2 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

16 Personal identifiers

For paragraph 26(1)(g) of Schedule 2 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.

17 Personal identifiers detainees must provide

For paragraph 28(2)(e) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

18 Personal identifiers officers must require non‑citizens to provide by way of identification tests

For paragraph 29(1)(a) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

19 Information to be provided before carrying out identification tests

(1) For paragraph 30(1)(b) of Schedule 2 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 2 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 2 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.

20 Authorising access to video recordings—limitations

For subclause 41(3) of Schedule 2 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 2 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.

21 Providing video recordings—permitted provision

(1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 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.

22 Providing video recordings—limitations

For paragraph 42(3)(a) of Schedule 2 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 2 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

23 Authorising access to identifying information

For subclause 52(3) of Schedule 2 of 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 2 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.

24 Authorising disclosure of identifying information

For subclause 54(1) of Schedule 2 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.

25 Disclosure of identifying information to Australian bodies

For paragraph 54(1)(d) of Schedule 2 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:

26 Disclosure of identifying information to international organisations

For paragraph 54(1)(e) of Schedule 2 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:

16 Personal identifiers

For paragraph 26(1)(g) of Schedule 2 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.

17 Personal identifiers detainees must provide

For paragraph 28(2)(e) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

18 Personal identifiers officers must require non‑citizens to provide by way of identification tests

For paragraph 29(1)(a) of Schedule 2 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 2 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 16 for the meaning of intimate forensic procedure for section 23WA of the Crimes Act 1914.

19 Information to be provided before carrying out identification tests

(1) For paragraph 30(1)(b) of Schedule 2 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 2 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 2 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.

20 Authorising access to video recordings—limitations

For subclause 41(3) of Schedule 2 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 2 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.

21 Providing video recordings—permitted provision

(1) Subregulation (2) applies for paragraph 42(2)(f) of Schedule 2 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.

22 Providing video recordings—limitations

For paragraph 42(3)(a) of Schedule 2 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 2 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.