Fisheries Management Amendment (Super Trawlers) Regulation 2015

Select Legislative Instrument No. 42, 2015

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation.

Dated 16 April 2015

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Richard Colbeck

Parliamentary Secretary to the Minister for Agriculture

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Fisheries Management Regulations 1992

1  Name

  This is the Fisheries Management Amendment (Super Trawlers) Regulation 2015.

2  Commencement

  This instrument commences on the day after it is registered.

3  Authority

  This instrument is made under the Fisheries Management Act 1991.

4  Schedules

  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Fisheries Management Regulations 1992

1  After Part 2B

Insert:

Part 2C—Regulation etc. of certain practices

4D  Requirements relating to boats used by persons engaged in fishing in the AFZ

 (1) For section 14 of the Act, this regulation sets out requirements relating to boats used by persons engaged in fishing in the AFZ.

 (2) A person commits an offence if:

 (a) the person uses a boat to engage in a fishing‑related activity in the AFZ; and

 (b) the boat is more than 130 metres in length.

Penalty: 25 penalty units.

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

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