Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Torres Strait Fisheries Act 1984
In force
Administered by
Department of Agriculture, Fisheries and Forestry
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2024C00644 (C32)
14 October 2024
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part I—Preliminary
1 Short title
2 Commencement
3 Interpretation
4 Protected Zone coastal waters of Queensland
4A Application of the Criminal Code
5 Application of Act in certain waters
6 Extra territorial operation
7 Act not to apply to fishing for private purposes from Australian boats
Collapse
Part II—Administration
8 Objectives to be pursued
9 Delegation
10 Registers
11 Investigations
12 Issue of permits for scientific or developmental purposes
13 Minister to seek views of traditional inhabitants
Collapse
Part III—Regulation of fishing
14 Minister may require information to be furnished
15 Proclamations in relation to fishing
15A Management plans
16 Regulation of fishing
Collapse
Part IV—Licences, endorsements and entries
17 Licences may be required for taking fish in the course of community fishing
18 Licences, endorsements, renewals, transfers and entries
19 Commercial fishing and fish receivers licences
20 Endorsements of licences
21 Entries in licences and endorsements
22 Conditions of licences and endorsements
23 Terms of licences
24 Renewal of licences
25 Transfer of licences
25A Variation of licences
26 Suspension and cancellation of licences
27 Fees
27A Exercise of powers by agent etc.
Collapse
Part V—Protected Zone Joint Authority
28 Interpretation
29 Acting Ministers
30 Establishment of Protected Zone Joint Authority
31 Arrangements with Queensland
32 Procedure for making and termination of arrangements
33 Exclusion of this Act in accordance with arrangement
34 Functions of Joint Authority under this Act
35 Powers of Protected Zone Joint Authority
36 Powers of Protected Zone Joint Authority with respect to licences etc.
37 Application of provisions relating to offences
38 Delegation
39 Protected Zone Joint Authority to seek views of traditional inhabitants
40 Procedure of Protected Zone Joint Authority
41 Annual reports
Collapse
Part VI—Enforcement
Collapse
Division 1—Officers’ powers
42 Powers of officers
42AA Identity cards
42AB Offence for failure to return identity card
43 Obstruction of officers etc.
43A Use of force to exercise powers
43B Officer etc. not liable to certain actions
Division 1A—Search warrants
43C When search warrants can be issued
43D The things that are authorised by a search warrant
43E Availability of assistance and use of force in executing a warrant
43F Copy of warrant to be given to occupier etc.
43G Specific powers available to officer executing warrant
43H Use of equipment to examine or process things
43J Use of electronic equipment at premises
43K Compensation for damage to electronic equipment
43L Copies of seized things to be provided
43M Occupier entitled to be present during search
43N Receipts for things seized under warrant
43P Warrants by telephone or other electronic means
Division 2—Offences
44 Contravention of instruments under section 16
45 Offences relating to commercial fishing
46 Court may make certain orders
46AA Offences relating to a fish receiver licence
46A Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—general
46B Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—unlicensed master
46C Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—processing or carrying fish
46D Commercial fishing by foreign boat in territorial sea within an area of Australian jurisdiction—trans shipping fish
47 Removing fish from traps etc.
48 Using foreign boat for fishing for private purposes
49 Bringing foreign boats and Papua New Guinea boats into the Australian part of the Protected Zone
49A Bringing foreign boats into territorial sea within an area of Australian jurisdiction
50 Certain boats not to land fish at certain places
51 Having boat equipped for fishing—general
51A Having foreign boat equipped for fishing in territorial sea within an area of Australian jurisdiction
Division 3—Forfeiture for offences
Collapse
Subdivision A—Forfeiture by court order
52 Forfeiture of things used in certain offences
52AAA Forfeiture of additional things on forfeited boats
52AAB Forfeited things become the property of the Commonwealth
52AAC Rights and interests of the Commonwealth not limited
Subdivision B—Automatic forfeiture of things
52A Forfeiture of things used in certain offences
52AA Forfeiture of additional things on seized boats
52AB Rights and interests of the Commonwealth not limited
Subdivision BA—Automatic ownership of things
52AC Fish taken with Commonwealth property
52AD Things on, in or attached to boats
52AE Rights and interests of the Commonwealth not limited
Subdivision C—Dealing with things seized
52B Application of this Subdivision
52C Notice of seizure
52D Dealing with thing before it is condemned
52E Thing condemned if not claimed in time
52F Dealing with claim for thing
52G Condemnation of thing if it is claimed
52H Dealing with thing after it is condemned
52HA Evidence
Division 4—Dealing with property that has been seized etc.
52I Release of property that has been seized etc.
52J Seizure or forfeiture has effect despite other proceedings
Division 5—Ancillary offences and provisions
53 Liability of master of boat
53A Conduct by directors, employees or agents of bodies corporate
Division 6—Offence of contravening Papua New Guinea law
54 Offences against Papua New Guinea law
Division 7—Provisions relating to detention of suspected illegal foreign fishers
54A Provisions relating to detention of suspected illegal foreign fishers
Division 8—Alternative enforcement processes
54B Infringement notices
54C Demerit points system
Collapse
Part VII—Miscellaneous
55 Certain offences to be indictable offences
55A Enforcement of orders for payment
56 Certain prosecutions to require consent of Minister
56A Taking etc. of fish not an offence in certain circumstances
57 Evidence
58 Evidence in proceedings for an offence against section 54
59 Service of notices
60 Regulations
Schedule 1—Torres Strait Treaty
Collapse
Schedule 2—Provisions relating to detention of suspected illegal foreign fishers
Collapse
Part 1—Preliminary
Collapse
Division 1—Objects of this Schedule
1 Main objects of this Schedule
Collapse
Division 2—Definitions
2 Definitions
Collapse
Division 3—Appointment etc. of detention officers
3 Minister may appoint persons to be detention officers
4 Detention officers subject to directions
5 Detention officer etc. not liable to certain actions
Collapse
Division 4—Authorisation of officers and detention officers
6 AFMA may authorise officers and detention officers
7 Persons who are authorised officers for purposes of Migration Act 1958 are taken to be authorised for this Schedule
Collapse
Part 2—Detaining suspected illegal foreign fishers
Collapse
Division 1—Initial detention by an officer
8 Power to detain
9 Relationship with Part IC of the Crimes Act 1914
Collapse
Division 2—Continued detention by a detention officer
10 Detention officer may detain person already detained by officer
Collapse
Division 3—Detention on behalf of an officer or detention officer
11 Detention on behalf of an officer or detention officer
Collapse
Division 4—Moving detainees
12 Power to move detainees
Collapse
Division 5—End of detention
13 End of detention
Collapse
Division 6—Offence of escaping from detention
14 Escape from detention
Collapse
Part 3—Searching and screening detainees and screening their visitors
Collapse
Division 1—Searches of detainees
15 Searches of detainees
Collapse
Division 2—Screening of detainees
16 Power to conduct a screening procedure
Collapse
Division 3—Strip searches of detainees
17 Power to conduct a strip search
18 Rules for conducting a strip search
Collapse
Division 4—Keeping of things found by screening or strip search of detainees
19 Possession and retention of certain things obtained during a screening procedure or strip search
20 Authorised officer may apply for a thing to be retained for a further period
21 Magistrate may order that thing be retained
Collapse
Division 5—Law applying to detainee in State or Territory prison etc.
22 Detainees held in State or Territory prisons or remand centres
Collapse
Division 6—Screening detainees’ visitors
23 Powers concerning entry to premises where detainee is detained
Collapse
Part 4—Detainees’ rights to facilities for obtaining legal advice etc.
24 Detainee may have access to certain advice, facilities etc.
Collapse
Part 5—Identifying detainees
Collapse
Division 1—Preliminary
25 Definitions
26 Meaning of personal identifier
27 Limiting the types of identification tests that authorised officers may carry out
Collapse
Division 2—Identification of detainees
Collapse
Subdivision A—Provision of personal identifiers
28 Detainees must provide personal identifiers
29 Authorised officers must require and carry out identification tests
30 Information to be provided before carrying out identification tests
Subdivision B—How identification tests are carried out
31 General rules for carrying out identification tests
32 Use of force in carrying out identification tests
33 Identification tests not to be carried out in cruel, inhuman or degrading manner etc.
34 Authorised officer may get help to carry out identification tests
35 Identification tests to be carried out by authorised officer of same sex as non citizen
36 Independent person to be present
37 Recording of identification tests
38 Retesting
Subdivision C—Obligations relating to video recordings of identification tests
39 Definitions
40 Accessing video recordings
41 Authorising access to video recordings
42 Providing video recordings
43 Unauthorised modification of video recordings
44 Unauthorised impairment of video recordings
45 Meanings of unauthorised modification and unauthorised impairment etc.
46 Destroying video recordings
Division 3—Identification of minors and incapable persons
47 Minors
48 Incapable persons
Division 4—Obligations relating to detainees’ identifying information
Collapse
Subdivision A—Preliminary
49 Definitions
50 Application
Collapse
Subdivision B—Accessing identifying information
51 Accessing identifying information
52 Authorising access to identifying information
Collapse
Subdivision C—Disclosing identifying information
53 Disclosing identifying information
54 Authorising disclosure of identifying information to foreign countries etc.
Collapse
Subdivision D—Modifying and impairing identifying information
55 Unauthorised modification of identifying information
56 Unauthorised impairment of identifying information
57 Meanings of unauthorised modification and unauthorised impairment etc.
Collapse
Subdivision E—Retaining identifying information
58 Identifying information may be indefinitely retained
Part 6—Disclosure of detainees’ personal information
59 Disclosure of detainees’ personal information
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history