Commonwealth Consolidated Acts

TORRES STRAIT FISHERIES ACT 1984

TABLE OF PROVISIONS

           Long Title

   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  

   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  

   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  

   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.  

   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  

   PART VI--ENFORCEMENT

           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

              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  

   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
           SCHEDULE 2 Provisions relating to detention of suspected illegal foreign fishers