Victorian Fisheries Authority Act 2016

The Act is structured around institution-building, governance controls and operational delegation. Key concepts are statutory objectivity, delegated regulation and control, transparency and accountability, conflict management, authorised enforcement powers and the interface with existing fisheries and environmental law.

Objectives and functions. Section 7 sets the Authority’s objectives: sustainability and responsibility in fishing and related activities, optimising social, cultural and economic benefits for fisheries sectors, and supporting development of recreational fishing, commercial fishing, aquaculture and, as amended, recreational boating and access to waterways (s 7). Section 8 lists specific functions: licensing and quota administration under the Fisheries Act 1995; compliance and enforcement (including, after amendment, aspects of the Marine Safety Act 2010 for recreational boating); education; research and monitoring; management plan development; grant administration; infrastructure provision and land management for fishing/boating purposes; and acting as an advisory and operational body for Ministers and Secretaries (s 8).

Guiding principles. Division 2 codifies principles the Authority must have regard to, including integrated decision-making (s 12), triple bottom-line assessment (s 13), equity (s 14), evidence-based approaches (s 15), stakeholder engagement (s 16) and transparency (s 17). Section 18 requires the Authority to have regard to its objectives, the guiding principles, and the objectives and consultation principles in s 3 and s 3A of the Fisheries Act 1995 when exercising powers.

Governance architecture. The Act creates a Board (ss 21-31), prescribes composition (5-8 directors) and skill-mix expectations (s 22(1)), and imposes disqualification rules: directors cannot be members of certain fisheries bodies or be holders of, or associated with holders of, commercial fishery or aquaculture licences (s 22(2)). Directors hold office for up to three years and are subject to the Public Administration Act 2004 in respect of Board offices (s 23).

Conflict and information controls. The Act sets out disclosure duties, limitations on participation and penalties for failing to disclose pecuniary interests (s 29), restrictions on improper use of information (s 31) and on disclosure of information in limited circumstances (s 32). There is a specific two-year prohibition on former directors applying for or holding a commercial fishery or aquaculture licence or becoming senior officers of representative bodies (s 33).

Operational delegation and supervision. The Authority may delegate powers under its seal (s 10). The CEO is employed by the Board in consultation with the Minister and has daily administration responsibility (s 34). The CEO may delegate with Board approval, but not certain specified powers under Part 7A of the Fisheries Act 1995 (s 37).

Enforcement architecture. The Authority appoints authorised officers (s 43) and the Act applies numerous provisions of the Conservation, Forests and Lands Act 1987 to those officers and the Authority (ss 44-45). The Act creates offences for assaulting or obstructing authorised officers (s 45A) and for abusing or insulting them (s 45B), with specified penalties.

Finance and oversight. The Authority must maintain its own account, prepare quarterly performance reports (ss 38-39), submit an annual report and present it to fisheries sectors (ss 40-41), and prepare a draft and final business plan for Ministerial approval, with restrictions on departing from the approved budget without Ministerial consent (s 42). The Minister retains a role in key strategy and policy and may give written directions that the Authority must publish (ss 19, 11).

Interoperability with other laws. The Act expressly links the Authority’s powers to the Fisheries Act 1995, the Marine Safety Act 2010 and other Acts, and applies specific enforcement and administrative provisions of the Conservation, Forests and Lands Act 1987 to authorised officers and the Authority (s 9, ss 43-45). Definitions in s 3 and the extended definition of “associated” in s 4 are central to interpreting disqualification and conflict rules.

Parliamentary intent limitation. Section 5 records Parliament’s stated intention that Divisions 2 and 3 of Part 2 (the guiding principles and interpretation/guidance sections) do not create legal rights or civil causes of action, signalling that those provisions are directional rather than directly enforceable by private parties.

These concepts together create an arm’s-length regulator with specific statutory constraints, reporting obligations, and interactions with ministerial oversight and existing environmental and fisheries statutes.

The Act affects a defined set of public and private actors by reallocating operational responsibilities and imposing regulatory and governance obligations.

Primary parties affected directly by statutory duties or roles:

• The Authority itself, its Board, chief executive officer and employees, who receive the institutional powers, functions and obligations under Part 2 and must operate under Ministerial directions and public sector governance frameworks (ss 6, 11, 19-20, 21, 34).
• Authorised officers appointed by the Authority, who gain enforcement functions and are subject to applied provisions of the Conservation, Forests and Lands Act 1987 (ss 43-45). The Act also creates criminal offences protecting authorised officers from assault, obstruction and abuse (ss 45A-45B).
• The Minister and the Secretary, who retain strategic policy roles and oversight, may issue written directions to the Authority (s 19, s 20, s 11) and receive quarterly and annual reports (ss 39-40). The Secretary also has coordination and advisory roles (s 20).

Fisheries and boating sectors:

• The Act expressly covers the recreational, commercial, Aboriginal and aquaculture sectors as “fisheries sectors” (s 3). Amendments extend many functions to include recreational boating and related infrastructure (ss 7, 8).
• Licence-holders and applicants under the Fisheries Act 1995 and relevant boaters are affected through the Authority’s functions to administer licences, quotas, permits and to enforce compliance (s 8(a), s 8(c)/(ca)).

Board appointment-related affected groups:

• Current holders and associates of holders of commercial fishery licences and aquaculture licences are specifically excluded from Board appointment and from acting appointments (ss 22(2)(b), 25(7)(b)). The definition of “associated” (s 4) is broad, covering family relations and financial or positional influence over a relevant business.
• Representative bodies: senior or executive officers of representative bodies cannot be appointed to the Board (s 22(2)(c)); similarly, directors cannot be senior or executive officers of a representative body during appointment or acting appointment (ss 22(2)(c), 25(7)(c)).

Administrative stakeholders:

• Public sector bodies and departments because the Authority may enter into arrangements for staff use and because the Authority’s staff may be employed under Part 3 of the Public Administration Act 2004 (s 35). The Authority is required to work with land, water and coastal managers (s 8(k)).

Persons interacting with enforcement:

• Persons who may be inspected, investigated, or subject to enforcement actions by authorised officers (s 8(c), s 43). The Act creates strict penalties for obstructing or abusing officers (ss 45A-45B) and applies parts of the Conservation, Forests and Lands Act 1987 to enforcement actions (ss 44-45).

Information stakeholders:

• Individuals whose information is held by the Authority are affected by the non-disclosure rules and the specified authorised avenues for disclosure (s 32). Directors and staff are subject to criminal penalties for improper use or unauthorised disclosure of information (ss 31-32).

Financial and reporting stakeholders:

• The State and taxpayers, because the Authority must maintain a separate account (s 38) and submit business plans and budgets requiring Ministerial approval and subject to public reporting (ss 42, 39-40). Ministers and Parliament are affected by reporting timelines and obligations (s 40).

Transitional affected persons:

• Authorised officers appointed under the Conservation, Forests and Lands Act 1987 who become employees of the Authority are subject to a transitional continuity arrangement for 28 days after commencement unless reappointed by the Authority under this Act (s 48).

Sectoral effects to note that follow from the statutory design:

• The Board appointment constraints and the post-office prohibition on applying for or holding commercial fishery or aquaculture licences for two years after ceasing to be a director (s 33) will affect industry actors seeking governance influence and may shape who accepts Board office.
• Fisheries industry participants remain directly regulated by licensing and compliance mechanisms administered by the Authority under the Fisheries Act 1995, with the Authority functioning as the operational regulator (s 8(a); see also s 1(b) re amendments to Fisheries Act 1995).

All of the above follow from the statutory text and shaping amendments noted in the Act. The Act’s endnotes record amendments (Transport Legislation Miscellaneous Amendments Act 2021, Environment Protection Amendment Act 2018) that broadened boating roles and certain enforcement and information provisions; those inserted provisions appear through the text cited above (see endnote 2 and marked insertions).

The Act imposes statutory duties on the Authority, Board members, the chief executive officer, authorised officers and others, and creates limited rights and procedural protections. Below are the principal duties and notable statutory rights or protections, with section references.

Duties of the Authority:

• To perform specified functions listed in s 8, including licensing, compliance and enforcement, education, research, management planning, grant administration, infrastructure and land management, and to provide advice and recommendations to the Minister (s 8(a)-(l)). The Authority must exercise powers subject to Ministerial directions (s 11(1)) and publish any such written direction within 14 days, in its annual report and on its website (s 11(2)).
• To keep and use a dedicated Authority account, pay income into it, and meet operational expenses from it (s 38).
• To submit quarterly performance reports in accordance with guidelines agreed with the Secretary and Minister, and to submit those reports to the Secretary within 30 days of preparation (s 39).
• To submit an annual report by 30 September and to ensure the Minister tables and publishes the report and that a copy is published on the Authority’s Internet site within one month after tabling (s 40(1)-(4)).
• To prepare and submit a draft business plan for Minister approval and to amend it as the Minister requires, to submit a final plan for approval and not to depart significantly from its budget without Ministerial approval (s 42(1)-(4)).

Duties of Board members and governance obligations:

• Directors are responsible for governance, strategic planning and risk management of the Authority and may carry out functions and powers of the Authority (s 21(4)(a)-(b)).
• Directors must declare pecuniary interests in matters being considered and are subject to penalties for failing to declare (s 29(1), (3)), must not be present during deliberation or vote on a matter they have declared a pecuniary interest in unless the Board resolves otherwise (s 29(5)-(6)), and must comply with disclosure procedures to the Chairperson or Minister as relevant (s 30).
• Directors are subject to the Public Administration Act 2004 for the office of director (s 23(1)(d)).
• Directors must not improperly use information (s 31) and must not disclose information except under authorised circumstances (s 32). Penalties apply for improper use or unauthorised disclosure (ss 31-32).

Duties and rights of the chief executive officer and staff:

• The CEO is responsible for day-to-day management and performing functions and exercising powers conferred on the CEO under this Act and the Fisheries Act 1995, subject to policies and directions of the Authority (s 34(3)). The CEO may delegate powers with Board approval, except those set out in Part 7A of the Fisheries Act 1995 and the power of delegation itself (s 37).

Duties and powers of authorised officers:

• The Authority may appoint authorised officers to exercise specified powers, functions or duties for the whole or part of Victoria and for the purposes of this Act and relevant laws (s 43(1)-(4)). Authorised officers are given a certificate specifying the law and area of appointment (s 43(5)).
• Part 9 (except sections 83 and 84) of the Conservation, Forests and Lands Act 1987 applies to authorised officers as if they were appointed under that Act (s 44). Specified additional provisions of that Act apply to the Authority and CEO as if references to the Secretary were references to the Authority or CEO (s 45). These provisions supply enforcement and procedural powers.

Offences and protections:

• A person must not assault, obstruct, hinder, resist, threaten, intimidate or attempt to obstruct or intimidate an authorised officer in the exercise of duties under this Act or any other Act, with a penalty of 120 penalty units or 12 months imprisonment or both (s 45A). There is an explicit example linking the offence to activities under the Fisheries Act 1995 or the Transport (Safety Schemes Compliance and Enforcement) Act 2014.
• A person must not abuse or insult an authorised officer while they exercise functions, with a penalty of 60 penalty units (s 45B).
• Directors and former directors face post-office restrictions: a director who ceases office must not, for two years, apply for or hold a commercial fishery or aquaculture licence, or be appointed as a senior or executive officer of a representative body, with a penalty of 60 penalty units (s 33).

Rights and procedural protections:

• The Act provides that acts of the Board are not invalidated by vacancies or defects in appointments (s 26).
• Meetings may be conducted remotely and the Board may adopt resolutions without formal meetings subject to prescribed processes, and minutes and records must be kept (ss 27-28).
• The Minister’s role is defined in s 19 and the Secretary’s role in s 20; while the Authority is subject to written directions (s 11), the Act requires publication of those directions (s 11(2)), creating a transparency mechanism.

Limits on private enforcement. Section 5 records Parliament’s intent that Divisions 2 and 3 of Part 2 not create private legal rights or civil causes of action. That is a legislative statement about enforceability of the guiding principles and interpretative provisions, although the Act elsewhere creates offences and statutory duties enforceable by the State (s 5).

Delegation constraints. The Authority’s power to delegate is given under s 10 but the Act prohibits delegating the power of delegation itself. The CEO’s delegation power is subject to Board approval and excludes certain Fisheries Act 1995 powers (s 37).

Collectively these duties and rights set the operational, governance and enforcement framework for the Authority and specify criminal offences, disclosure duties and publicly accountable reporting obligations.

The Act establishes an enforcement architecture combining authorised officers with applied enforcement provisions from the Conservation, Forests and Lands Act 1987, direct statutory offences for interfering with officers, and administrative penalties linked to governance breaches. Below are the main enforcement mechanisms and penalties as set out in the Act.

Authorised officers and applied enforcement powers:

• The Authority appoints authorised officers (s 43). The Act applies Part 9 (except ss 83 and 84) of the Conservation, Forests and Lands Act 1987 to authorised officers as if appointed under that Act (s 44). Further, sections 87, 89, 96, 97 (with specified exceptions) and 98 (with specified exceptions) of the Conservation, Forests and Lands Act 1987 apply to the Authority; and a subset of other sections apply as if references to the Secretary were references to the Authority or the CEO (s 45(1)-(3)). Those applied provisions supply inspection, seizure, warrant and procedural enforcement powers set out in that Act; the text of those provisions should be consulted for operational detail, since the Victorian Fisheries Authority Act imports them by reference.
• An authorised officer must receive a certificate of appointment stating the relevant law and area of appointment (s 43(5)), which is relevant for the lawful exercise of powers and for enforcing compliance.

Criminal offences directly in the Act:

• Assaulting, obstructing, hindering, resisting, threatening, intimidating or attempting to obstruct or intimidate an authorised officer in the exercise of any power, authority, function or duty under this Act or any other Act is an offence (s 45A). Penalty: 120 penalty units or 12 months imprisonment or both. The Act provides an example linking application under the Fisheries Act 1995 and the Transport (Safety Schemes Compliance and Enforcement) Act 2014.
• Abusing or insulting an authorised officer while the officer exercises powers is an offence (s 45B). Penalty: 60 penalty units.

Governance-related penalties:

• Failure to declare a pecuniary interest as required by s 29 attracts a penalty of 60 penalty units (s 29(3)). Similarly, a director who contravenes the obligation not to be present during deliberation or voting after declaring an interest (s 29(5)) faces a penalty of 60 penalty units.
• Improper use of information by a director, CEO, authorised officer or employee carries a penalty of 60 penalty units (s 31).
• Unauthorised disclosure of information by those persons carries a penalty of 50 penalty units (s 32(1)).
• A person who ceases to be a director and contravenes the two-year post-office prohibition in s 33 (applying for or holding a commercial fishery or aquaculture licence or being appointed as a senior officer of a representative body) commits an offence with a penalty of 60 penalty units (s 33).

Administrative enforcement and oversight:

• The Minister may give written directions to the Authority under s 11(1) and the Authority must publish those directions within 14 days, in its annual report and on its Internet site (s 11(2)). Publication serves both transparency and political accountability; failure to comply would expose the Authority to administrative and public scrutiny, and potentially to remedial action depending on the nature of non-compliance.
• The Act subjects the Authority to financial oversight and reporting obligations (ss 38-42). Failure to prepare or submit quarterly or annual reports in accordance with legislative timeframes engages public-sector accountability mechanisms under the Financial Management Act 1994 and the Public Administration Act 2004 (s 40(2) references Part 7 of the Financial Management Act).

Procedural protections for Board acts:

• Acts and decisions of the Board are not invalid solely because of vacancies or defects in appointment (s 26). This protects enforcement acts and administrative decisions from collateral attack on appointment technicalities, though it does not immunise other jurisdictional or legal errors.

Notes on penalty units and enforcement use:

• The Act sets penalties in penalty units rather than fixed monetary values; the value of a penalty unit is determined under the Penalty Units Act (not reproduced in the Act). Enforcement generally rests with prosecuting authorities, and many enforcement processes (search, seizure, forfeiture) will follow the procedures applied by the Conservation, Forests and Lands Act 1987 as imported by ss 44-45.

Implementation and operational risks affecting enforcement:

• The Authority’s appointment of authorised officers and the breadth of applied enforcement provisions mean operational training and clear delegation instruments will be necessary to ensure lawful exercise of powers (ss 43-45). The Act’s creation of serious criminal offences for obstructing or assaulting officers establishes deterrence but also raises the need for clear procedural safeguards during enforcement interactions to avoid disputes about lawful exercise of powers.
• The Act restricts some delegation options (s 37), which may affect operational capacity to respond quickly unless delegation frameworks are designed in accordance with the statutory delegation rules (s 10, s 37).

In short, enforcement under the Act combines statutory offences within the Act, powers imported from the Conservation, Forests and Lands Act 1987, and public-sector financial and governance oversight mechanisms, with specified criminal penalties for interference with authorised officers and governance breaches for Board members and staff.

The Act is tightly integrated with several existing statutory regimes, including the Fisheries Act 1995, the Marine Safety Act 2010, the Conservation, Forests and Lands Act 1987 and the Financial Management Act 1994, and it also triggers obligations under the Public Administration Act 2004. The Act both delegates responsibilities and imports enforcement and procedural provisions from these statutes. The principal interactions are as follows, with references.

Fisheries Act 1995

• The Act is designed to operate in tandem with the Fisheries Act 1995. The principal purposes include enabling the Authority and its CEO to perform or exercise regulatory functions under the Fisheries Act 1995 (s 1(b)). The Authority’s functions include administering licensing schemes, quotas and related instruments under the Fisheries Act 1995 (s 8(a)). The Act also requires the Authority to have regard to the objectives in s 3 of the Fisheries Act 1995 and the consultation principles in s 3A of that Act when exercising powers (s 18(c)-(d)). Thus, the Authority is the operational vehicle for Fisheries Act implementation in Victoria.

Marine Safety Act 2010

• Amendments extend some Authority functions to recreational boating and, consequentially, to aspects of the Marine Safety Act 2010. Section 8(ca) authorises the Authority to monitor, investigate, enforce and promote compliance with the Marine Safety Act 2010 insofar as it relates to recreational boating activities, and section 8(ba) extends education functions to recreational boating. Section 9(a) expressly states the Authority has powers conferred by this Act, the Fisheries Act 1995, the Marine Safety Act 2010 and the regulations made under those Acts. This creates an operational overlap where boating safety enforcement and fisheries enforcement may be exercised by the same Authority and authorised officers.

Conservation, Forests and Lands Act 1987

• The Act imports enforcement and administrative provisions from the Conservation, Forests and Lands Act 1987. Part 9 (except ss 83 and 84) of that Act applies to an authorised officer as if the authorised officer were appointed under the Conservation, Forests and Lands Act 1987 (s 44). In addition, specified sections of that Act apply to the Authority and the CEO in place of the Secretary (s 45(1)-(3)). Those cross-references operationalise inspection, seizure, warrant procedures and certain enforcement steps through the Authority’s authorised officers, and effectively transpose existing enforcement machinery onto the new Authority.

Public Administration Act 2004 and Financial Management Act 1994

• Directors are subject to the Public Administration Act 2004 for the office of director (s 23(1)(d)), and staff may be employed under Part 3 of that Act (s 35(1)). The Authority’s annual report must be prepared in accordance with Part 7 of the Financial Management Act 1994 (s 40(2)), and the Authority must prepare quarterly performance reports in accordance with guidelines agreed by the Authority, the Secretary and the Minister (s 39(2)). The Authority’s financial arrangements are therefore integrated into Victoria’s public sector finance and accountability frameworks.

Other Acts and cross-jurisdictional operation

• Section 8(l) permits the Authority to perform any functions conferred on it under other Acts, including Acts of another State, Territory or the Commonwealth. Section 9(a) gives the Authority powers conferred by or under this Act, the Fisheries Act 1995, the Marine Safety Act 2010 and regulations made under those Acts, or any other Act. This provides statutory flexibility for the Authority to operate across related legal regimes and potentially to support inter-jurisdictional cooperation.

Regulations

• The Governor in Council may make regulations for anything required or permitted by this Act and to give effect to it (s 46). Regulations can differ by time, place or circumstance and provide for exemptions in specified cases (s 46(2)). Regulations offer a delegated legislative mechanism to manage operational detail and to ensure compatibility with other regulatory regimes.

Constraints and interpretive signals

• The Act’s s 5 states Parliament’s intent that Divisions 2 and 3 of Part 2 do not create legal rights or give rise to civil causes of action. That indicates that guiding principles and interpretative directions are not intended to be directly enforceable private law rights, although they may inform administrative decision-making and judicial review arguments.
• The imported provisions from the Conservation, Forests and Lands Act 1987 (ss 44-45) should be read together with the Fisheries Act 1995 to determine the exact powers available to authorised officers in enforcement contexts; practitioners should consult the text of the applied provisions for procedural detail and safeguards.

Consequential amendments and amendment history

• The Endnotes record amendments made by the Environment Protection Amendment Act 2018 and the Transport Legislation Miscellaneous Amendments Act 2021, which introduced changes such as authorising the Authority to be a litter enforcement officer under the Environment Protection Act 2017 (s 43(4)(b)) and extending recreational boating functions and enforcement (see marked insertions throughout ss 7-9 and s 8(ca), and the inserted ss 45A-45B). These amendments show the Act was used as a vehicle to consolidate fisheries and certain boating enforcement functions, increasing statutory overlap with transport and environment regimes.

Practical consequence

• In practice, the Authority will exercise powers under the Fisheries Act 1995 and the Marine Safety Act 2010 using authorised officers whose powers and procedures are supplemented by applied provisions of the Conservation, Forests and Lands Act 1987. The Authority’s reporting and financial obligations link it to central government finance and public administration law. Legal practitioners and compliance officers must therefore read the Act alongside the Fisheries Act 1995, Marine Safety Act 2010, Conservation, Forests and Lands Act 1987 and the Financial Management Act 1994 to understand the full statutory toolkit and procedural safeguards available in specific enforcement or licensing actions.

The Act as published incorporates amendments up to 3 November 2021. The Endnotes and the in-text marginal notes show where later Acts have inserted, substituted or amended provisions. Key legislative amendments and their mechanical effects are recorded below with references to the endnotes and in-text markers.

Commencement

• The Act came into operation on 1 July 2017 by s 2(2), which provides that if a provision had not commenced by 1 July 2017 it would come into operation on that day. The endnote records assent on 15 November 2016 and commencement on 1 July 2017 (Endnotes 1).

Transport Legislation Miscellaneous Amendments Act 2021 (No. 30/2021)

• This amending Act, commenced 3 November 2021 for ss 72-85, made multiple insertions and substitutions into the Victorian Fisheries Authority Act 2016. The in-text marginal notes show numerous insertions marked as “inserted by No. 30/2021 s. 73” etc. Specific mechanical effects include:
  • Expanding objectives to include recreational boating and boating-related activities (s 7(aa), (ba), (da) insertions).
  • Adding boating-related functions such as education and compliance regarding the Marine Safety Act 2010, and additional operational duties like infrastructure and land control for boating (s 8(ba), (ca), (ka), (kb), (kc) and other insertions).
  • Amending the Authority’s powers and delegation and adding procedural safeguards such as additional disclosure authorities (s 9, s 32(2)(b)(via) insertion).
  • Inserting offences specifically for assaulting/obstructing and abusing/insulting authorised officers (ss 45A-45B inserted by No. 30/2021 s. 85).
  • Amending Board composition skill requirements to include recreational boating, adding limits on CEO delegation, and other governance updates (see ss 22(1)(ea), 25(8)(ea), 37, 45).
• The endnotes list Transport Legislation Miscellaneous Amendments Act 2021 in the Table of Amendments showing assent on 10 August 2021 and commencement of the specified sections on 3 November 2021 (Endnote 2).

Environment Protection Amendment Act 2018 (No. 39/2018)

• The 2018 Environment Protection Amendment Act made a consequential amendment affecting s 43(4)(b), authorising appointments of authorised officers as litter enforcement officers for the purposes of the Environment Protection Act 2017. The endnote records its assent on 28 August 2018 and commencement of the amendment on 1 July 2021 (s 60) as shown in the Table of Amendments (Endnote 2).

Other textual amendments

• The Act’s text contains numerous marginal notes indicating where subsections have been inserted, substituted or amended by No. 30/2021 s. 73-85 and No. 39/2018 s. 60. Examples: ss 7(aa), 7(ba), 8(ba), 8(ca), 8(kb), 8(kc), 9(a) amended, s 11(2) publication obligations, s 20(1)(d) and (e) amendments concerning the Secretary’s role, s 22(1)(ea) insertion of recreational boating skill for Board appointments and s 25(8)(ea), among others.

Repeals and expiries

• Section 47 expired by force of s 47(4) and Part 5 and Part 6 (ss 49-177) were repealed by s 177 on 1 July 2018 (Endnote 2 notes that s 177 repealed Parts 5 and 6 on 1.7.18). The endnotes include a Table of Amendments summarising these changes.

Endnote mechanics and statutory notes

• The endnotes record that this version incorporates amendments as at 3 November 2021 and lists the amending Acts, their assent dates and commencement dates relevant to provisions of this Act (Endnote 2). Marginal notes within the printed text show where provisions were inserted or amended and cite the specific amending Act and section number.

Practical implications

• The amendment history shows a policy trajectory from establishing the Authority to broadening its remit to include recreational boating, environmental enforcement linkages and stronger protection for authorised officers. Each insertion is marked in the text; practitioners must consult the identified amending Acts for legislative debates or policy context if needed, but the statutory text provides the operative changes. The Act’s endnotes and marginal notes are the authoritative guide within this consolidated version for identifying where and when changes were made.

The Act and its endnotes do not list judicial decisions or a litigation history. The consolidated text and Endnotes provided with the Act do not name cases or record litigation related to the Authority’s provisions. Therefore, there is no litigation history contained in the source material for this Act up to the version incorporating amendments as at 3 November 2021.

Potential areas where litigation might arise, based on the statutory design and as matters of legal analysis rather than recorded precedent in the Act, include the following themes. Note these themes are points of legal exposure indicated by the structure of the Act rather than summaries of decided cases.

• Judicial review of administrative decisions: The Authority is required to administer licensing schemes and exercise regulatory discretions under the Fisheries Act 1995 and other Acts (s 8(a), s 9). Administrative decisions such as licence refusals, suspensions, quota allocations and enforcement actions could be subject to judicial review on conventional grounds (jurisdictional error, procedural fairness, rationality), albeit the Act itself does not purport to oust judicial review. Section 5 indicates that Divisions 2 and 3 of Part 2 (guiding principles and interpretative guidance) do not create private causes of action, which may limit direct private enforcement of those principles but does not preclude review of administrative decision-making where applicable legal standards are relevant.

• Ministerial directions and publication obligations: The Authority must comply with written directions from the Minister (s 11(1)) and publish such directions (s 11(2)). Litigation could arise over whether a particular ministerial direction was lawfully given, or whether the Authority complied with publication and procedural obligations , although remedies would depend on facts and available judicial review processes.

• Interpretation of “associated” and board disqualification: The Act disqualifies from appointment persons who are holders of a commercial fishery or aquaculture licence or associated with such holders (s 22(2)(b)), and defines “associated” in s 4 with elements of financial interest, relevant positions, powers and family ties. Litigation could arise over the application of the “associated” definition to particular facts in candidate vetting or removal decisions.

• Enforcement powers and authorised officers: Because the Act applies enforcement provisions from the Conservation, Forests and Lands Act 1987 to authorised officers (ss 44-45), litigation could touch on the lawfulness of searches, seizures or the exercise of regulatory powers. Challenges may concern evidence admissibility, scope of powers, or procedural requirements imported from the applied Act.

• Disclosure, information and privacy: The Act criminalises improper use of information (s 31) and unauthorised disclosure (s 32). Litigation may arise from actions based on alleged breaches, or from disputes about whether a disclosure was authorised under s 32(2), which lists specific exceptions, including written authority from the Board or CEO and disclosures required for law enforcement.

• Post-office restrictions and employment: Section 33 imposes a two-year post-office prohibition on former directors applying for or holding commercial fishery or aquaculture licences or becoming senior officers of representative bodies. Disputes could arise about constitutionality or administrative application, or about whether certain roles fall within the statutory definition, though the Act imposes the obligation with a specified penalty.

Because the source does not contain case law, practitioners seeking litigation history must consult case law databases and court decisions post-dating this consolidated version. This note confines itself to the statutory text and indicates likely dispute areas arising from the allocation of powers, standards of administrative decision-making, and the imported enforcement mechanisms.

Several provisions in the Act create specific practical risks or traps for parties interacting with the Authority. These are operational, compliance and governance issues where the statutory wording imposes obligations or limits that can be easily overlooked.

1. Board appointment exclusions and the broad “associated” definition (ss 22(2)(b), s 4)

• The Minister must not appoint persons who are holders of current commercial fishery or aquaculture licences or who are associated with such holders. The “associated” definition includes family relationships and relevant financial interests, powers and positions (s 4(1)-(2)). That means persons with indirect financial interests, managerial roles, or family ties to licence holders may be disqualified even if they are not licence holders themselves. Applicants and advisers must analyse ties carefully; informal commercial arrangements or minority shareholdings may trigger disqualification if they confer significant influence as defined in s 4(1)(a).

2. Post-office prohibition for directors (s 33)

• Directors are prohibited for two years after leaving office from applying for or holding a commercial fishery or aquaculture licence or becoming a senior/executive officer of a representative body, with a 60 penalty unit sanction. Individuals should plan transitions and consider the statutory ban before accepting Board appointment.

3. Publication and timetables for Ministerial directions and reports (ss 11, 39-40)

• The Authority must publish any written direction from the Minister within 14 days and include it in the annual report and on its website (s 11(2)). Quarterly reports must be submitted to the Secretary within 30 days of preparation (s 39(4)). The annual report must be submitted by 30 September and prepared in accordance with the Financial Management Act 1994 (s 40). Failure to meet these timelines and publication duties may attract political, administrative or audit consequences.

4. Budget departure controls (s 42(3))

• The Authority must not depart significantly from its budget without Ministerial approval. “Significant” is undefined in the Act; the Minister may issue guidelines (s 42(4)). Authorities and finance officers must secure Ministerial agreement before committing to major unbudgeted expenditures.

5. Penalties for non-disclosure and misuse of information (ss 29, 31, 32)

• Directors face penalties (60 penalty units) for failing to declare pecuniary interests and for improper use of information (s 31). Staff and authorised officers face penalties for unauthorised disclosure (50 units). Records, registers and training must be implemented to avoid inadvertent contraventions.

6. Delegation limitations (ss 10, 37)

• The Authority may delegate its powers by instrument under seal (s 10) but cannot delegate the power of delegation itself. The CEO may delegate with Board approval but not certain powers in Part 7A of the Fisheries Act 1995 (s 37). Operational managers must ensure delegation instruments are properly executed under the Authority’s seal and that prohibited delegations are respected.

7. Enforcement powers imported from another Act (ss 44-45)

• The Act applies selected provisions of the Conservation, Forests and Lands Act 1987 to authorised officers and the Authority. Those provisions contain procedural requirements and limitations; authorised officers must be properly appointed with certificates under s 43(5) and trained in the procedures imported by ss 44-45. Misapplication can expose evidence to exclusion and enforcement actions to challenge.

8. Serious criminal penalties for obstructing or assaulting officers (ss 45A-45B)

• The Act prescribes substantial penalties for obstructing or assaulting authorised officers, including up to 12 months imprisonment or 120 penalty units. Enforcers must be clear about the lawful basis for actions to avoid disputes about whether officers were acting within their powers.

9. “No cause of action” statement for Divisions 2 and 3 (s 5)

• Section 5 records Parliament’s intention that Divisions 2 and 3 of Part 2 do not create legal rights or civil causes of action. Practitioners should note that while guiding principles are not intended to create private enforceable rights, they still inform administrative decision-making and may be relevant in judicial review or statutory interpretation.

10. Interplay with other bodies and representative bodies (ss 22, 25)

• Persons who are currently members of the Council, Licensing Appeals Tribunal or Commercial Fisheries Licensing Panel cannot be appointed as directors (ss 22(2)(a), 25(7)(a)). This can complicate recruitment if candidates presently hold positions in these related bodies.

11. Information disclosure exceptions are narrow (s 32(2))

• The Act authorises disclosure only in specified circumstances, for example, with written authority of the Board or CEO, to assist law enforcement, for legal proceedings, or with written authority of the person to whom the information relates. Routine or unconsidered disclosures can breach s 32(1) and attract penalties. Agencies must implement clear clearance processes for disclosure requests.

12. Resolutions without meeting require proper process (s 28)

• The Board may pass resolutions without a meeting, but strict conditions apply, including informing all directors and keeping records (s 28). Improperly conducted written resolutions could lead to governance challenges.

13. Transitional appointment window (s 48)

• Authorised officers previously appointed under the Conservation, Forests and Lands Act 1987 who are employed by the Authority continue as authorised officers for 28 days unless reappointed under the Act. Administrative failures to reappoint instruments within that window could create gaps in lawful authority.

Avoiding these “gotchas” requires disciplined governance, written delegation instruments, clear disclosure and conflicts registers, training for authorised officers on applied enforcement provisions, and close adherence to reporting and publication timelines.

Compliance with the Victorian Fisheries Authority Act 2016 requires structured governance, operational controls, legal review and recordkeeping. Below are concrete compliance steps mapped to the Act’s provisions.

1. Governance and Board compliance (ss 21-31)

• Board composition and appointment: Ensure ministerial appointment candidates meet s 22(1) skill requirements and the disqualification criteria in s 22(2). Maintain pre-appointment vetting procedures to screen for current licence holdings, associations under s 4, membership of disqualifying bodies (Council, Licensing Appeals Tribunal, Commercial Fisheries Licensing Panel), and recent cancellation or suspension histories (ss 22(2)(a)-(d)).
• Terms and instruments: Draft appointment instruments specifying terms, conditions and remuneration (s 23). Implement reappointment workflows and record term dates to manage vacancies and acting appointments (ss 23-25).
• Conflicts register and declarations: Establish a conflicts-of-interest register and a standing agenda item for declarations at Board meetings to comply with s 29. Ensure minutes record declarations (s 29(4)). Adopt Board guidelines on types of interests to disclose and publish them on the Authority website (s 30(3)-(4)).
• Post-office restrictions: Provide written advisories to departing directors about the two-year prohibition on applying for or holding commercial fishery or aquaculture licences or accepting senior roles in representative bodies (s 33).

2. Delegation and delegation instruments (ss 10, 37)

• Delegation policy: Prepare and maintain delegation instruments executed under the Authority’s official seal for delegating powers to employees or public sector staff (s 10). Ensure the instrument explicitly excludes the delegation power and complies with statutory limits.
• CEO delegations: Require Board approval for CEO delegations and clearly exclude powers listed in Part 7A of the Fisheries Act 1995 (s 37). Maintain a delegations register and ensure each delegate has written instructions and understands statutory limits.

3. Authorised officer appointments and training (ss 43-45)

• Appointment certificates: Issue certificates of appointment to authorised officers that state the relevant law and geographic scope (s 43(5)). Maintain a central register of authorised officer appointments and renewal dates.
• Applied enforcement provisions: Train authorised officers on the procedural provisions imported from the Conservation, Forests and Lands Act 1987, and ensure legal checklists for execution of powers (search, seizure, warrants) are available to officers (ss 44-45).
• Safety and conduct: Provide de-escalation and procedural training given the criminal offences for assaulting, obstructing or abusing authorised officers (ss 45A-45B). Ensure body-worn cameras or contemporaneous record-keeping where appropriate to record interactions.

4. Information controls and disclosure processes (ss 31-32)

• Information governance: Implement policies prohibiting improper use of information (s 31) and procedural checklists for authorised disclosures under s 32(2). Maintain secure data access controls and audit logs.
• Disclosure approvals: Require written authority from the Board or the CEO for disclosures authorised under s 32(2)(b)(vi) and maintain a register of disclosures made. Develop templates for disclosures for legal proceedings, law enforcement assistance, or disclosures with written consent from the subject (s 32(2)(b)(i)-(vii)).

5. Financial controls, reporting and business planning (ss 38-42)

• Authority Account: Establish the Victorian Fisheries Authority Account and financial processes to ensure all receipts are paid into it (s 38(1)-(2)). Ensure bookkeeping and audit procedures comply with the Financial Management Act 1994 (s 40(2)).
• Quarterly performance reporting: Develop internal templates aligned with the guidelines agreed with the Secretary and Minister, prepare quarterly reports promptly, and submit to the Secretary within 30 days of preparation (s 39).
• Annual report and business plan: Prepare the annual report in accordance with the Financial Management Act (s 40(2)) and ensure submission to the Minister by 30 September for the financial year ending 30 June (s 40(1)). Prepare draft business plans with three-year projections and budgets for Ministerial approval, and be ready to amend drafts if the Minister requires changes (s 42(1)-(2)).
• Budget discipline: Procure Ministerial approval before making purchases or commitments that would constitute a “significant departure” from the approved budget (s 42(3)-(4)). Request or seek guidelines early from the Minister on what constitutes a significant departure.

6. Compliance with Ministerial directions and transparency (s 11)

• Directions management: Create a register for Ministerial directions, track receipt dates and ensure required publication in the Government Gazette within 14 days, inclusion in the annual report and posting on the Authority website (s 11(2)). Coordinate promptly with legal counsel to ensure directions are published in the required form.

7. Operational enforcement compliance

• Standard operating procedures: Establish SOPs for enforcement interactions that incorporate the statutory bases for searches and seizures, evidence handling and procedural fairness. Ensure authorised officers carry appointment certificates (s 43(5)) and know the jurisdictions of their appointments.
• Liaison with prosecuting authorities: For matters involving potential prosecutions under ss 45A-45B or other offences, develop protocols for referral to police or the Director of Public Prosecutions as appropriate.

8. Recordkeeping and minutes (ss 27(6), 28(4))

• Minute-keeping and written resolutions: Keep comprehensive minutes for Board meetings and for resolutions made without meetings as required by s 28(4). Ensure a quorum includes the Chairperson or deputy Chairperson (s 27(2)) and record casting votes where relevant (s 27(4)).

9. Transitional compliance

• Reappointment of transferred authorised officers: For authorised officers who were appointed under the Conservation, Forests and Lands Act 1987 and employed by the Authority at commencement, ensure reappointment under this Act within the 28-day transition period or manage the statutory continuity window appropriately (s 48).

10. Legal oversight and review

• Legal review of operational instruments: Have all delegation instruments, appointment certificates, disclosure approvals and enforcement SOPs reviewed by in-house or external counsel to ensure compliance with the Act and with applied provisions of other statutes (ss 10, 37, 43-45).
• Training and audits: Conduct regular compliance training for directors, CEO, staff and authorised officers on conflicts of interest, disclosure rules, delegation limits and enforcement procedures, and schedule periodic internal audits to check adherence to s 32 disclosure rules, s 29 declarations and financial reporting obligations.

Following these steps will cover the principal statutory obligations under the Act. Practitioners should cross-reference specific procedures with the Fisheries Act 1995, the Conservation, Forests and Lands Act 1987 and the Financial Management Act 1994 as applicable, because the Authority’s powers, enforcement steps and reporting standards are implemented across those statutes as described in ss 8, 44-45 and 40(2).