Commonwealth Consolidated Acts

FISHERIES MANAGEMENT ACT 1991 - SECT 40B

Directions power

  (1)   AFMA may, by written notice given to the holder of a fishing concession or a scientific permit, direct the holder of the fishing concession or scientific permit to comply with:

  (a)   obligations that relate to the e - monitoring of fishing - related activity and that:

  (i)   are prescribed in the direction; and

  (ii)   are not inconsistent with an obligation prescribed in a direction made under section   40A that the holder is required to comply with; and

  (b)   prescribed restrictions on engaging in fishing if any obligations prescribed under paragraph   (a) in the direction have not been, or are not being, complied with.

Note 1:   See section   97A for offences relating to e - monitoring equipment and e - monitoring data.

Note 2:   For variation and revocation, see subsection   33(3) of the Acts Interpretation Act 1901 .

  (2)   Without limiting the operation of paragraph   (1)(a), examples of obligations that may be prescribed in a direction under subsection   (1) include obligations relating to:

  (a)   installing, carrying, using, handling, maintaining or monitoring the use of, prescribed e - monitoring equipment; and

  (b)   the circumstances, times, places or methods for giving AFMA e - monitoring data; and

  (c)   the circumstances, times, places or methods for giving AFMA e - monitoring equipment on which e - monitoring data is stored; and

  (d)   the circumstances, times, places or methods for giving AFMA statements relating to e - monitoring data (including statements about its circumstance, time, place or manner of generation, transmission or storage); and

  (e)   the circumstances, times, places or methods for giving AFMA statements relating to e - monitoring equipment (including statements about its circumstance, time, place or manner of installation, carriage, use, handling, maintenance or monitoring of use).

  (3)   A direction made under subsection   (1) must prescribe, in respect of each prescribed obligation or restriction, a day, which is a reasonable period after the direction is made, by which compliance with the obligation or restriction must occur or commence.

Directions are not legislative instruments

  (4)   A direction made under subsection   (1) is not a legislative instrument.