Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 105D

Boarding boats suspected of illegal fishing in foreign waters

  (1)   On behalf of Australia, AFMA may authorise officials of a foreign country that is party to the Fish Stocks Agreement or that participates in an international fisheries management organisation to board and inspect an Australian - flagged boat on the high seas if:

  (a)   AFMA or Australia has received a request from the appropriate authority of the foreign country for that country's officials to board and inspect the boat; and

  (b)   AFMA has reasonable grounds to believe that the boat has been used for fishing in the exclusive economic zone, territorial sea, archipelagic waters (as defined in the United Nations Convention on the Law of the Sea) or internal waters of the foreign country without an authorisation (however described) given under the law of that country; and

  (c)   AFMA is satisfied that the boarding and inspection will be carried out in accordance with the Fish Stocks Agreement or measures established by the international fisheries management organisation.

Investigating breach of international fisheries management measures

  (2)   On behalf of Australia, AFMA may authorise an authority of a foreign country that is party to the Fish Stocks Agreement or that participates in an international fisheries management organisation to investigate an alleged contravention of an international fisheries management measure involving an Australian - flagged boat if:

  (a)   an official of the foreign country has boarded the boat on the high seas in an area covered by the international fisheries management organisation; and

  (b)   the appropriate authority of the foreign country has notified AFMA or Australia that the official has reasonable grounds for believing that the boat has been used in contravention of the international fisheries management measure; and

  (c)   AFMA is satisfied that the investigation will be carried out in accordance with the Fish Stocks Agreement or measures established by the international fisheries management organisation.

Revocation of authorisation by AFMA

  (3)   AFMA may revoke an authorisation AFMA has given under this section.

Form of authorisation or revocation by AFMA

  (4)   An authorisation, or revocation of an authorisation, by AFMA must be in writing or by electronic transmission. However, an authorisation or revocation cannot be made by electronic transmission of an oral message.

Enforcement action for breach of international fisheries management measures

  (5)   On behalf of Australia, the Attorney - General may authorise in writing an authority of a foreign country to take specified action to enforce a law of the foreign country against a contravention of an international fisheries management measure on the high seas involving an Australian - flagged boat if:

  (a)   AFMA has authorised an authority of the foreign country under subsection   (2) to investigate the alleged contravention; and

  (b)   the appropriate authority of the foreign country has communicated the results of the investigation to Australia; and

  (c)   the Attorney - General is satisfied that the action will be taken in accordance with the Fish Stocks Agreement or measures established by the international fisheries management organisation.

Revocation of authorisation by Attorney - General

  (6)   The Attorney - General may revoke in writing an authorisation he or she has given under this section.