Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister may, by legislative instrument, require the master of any boat that is being used to take fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing), in any area of Australian jurisdiction or in an area of Australian jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind with the use of the boat.
(1A) The Minister may, by legislative instrument, require the holder of a licence in force under subsection 19(4A) that authorises the taking of fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing) without the use of a boat, in any area of Australian jurisdiction or in an area of Australian jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind.
(2) The Minister may, by legislative instrument, require the master of:
(a) any Australian boat; or
(b) any foreign boat in respect of which a licence is in force under section 19;
that is being used to take fish included in a class of fish specified in the instrument in the course of commercial fishing (other than community fishing), in any area of Papua New Guinea jurisdiction or in an area of Papua New Guinea jurisdiction specified in the instrument, to furnish to the Minister, at such times as are and in such manner as is specified in the instrument, information relating to the taking, in the course of that fishing, of fish of that kind with the use of the boat.
(2A) The Minister may, by legislative instrument, require, at such time and in such manner as is specified in the instrument:
(a) the person who is the master of any boat in respect of which a licence is in force under section 19, or of any such boat that is included in a class of boats specified in the instrument, to notify the Minister of:
(i) where the boat is in an area of Australian jurisdiction at the time at which the instrument comes into force--the fact that the person is the master of the boat and that the boat is in the area of Australian jurisdiction; and
(ii) where the boat enters or leaves an area of Australian jurisdiction (regardless of its location at the time at which the instrument comes into force)--the fact that the person is the master of the boat and that the boat has entered or left the area of Australian jurisdiction; and
(b) a person who becomes or ceases to be the master of a boat to which the instrument relates at a time when the boat is in an area of Australian jurisdiction to notify the Minister of the fact that the person has become or ceased to be the master of the boat.
(3) The Minister may, by legislative instrument, require a relevant person who:
(a) takes delivery of fish included in a class of fish specified in the instrument from another person; and
(b) knows, or has reasonable grounds to believe, that the other person is both a traditional inhabitant and an Australian citizen;
to furnish to the Minister, at such time and in such manner as is specified in the instrument, information relating to the quantity of fish so delivered.
(4) In subsection (3):
"Protected Zone" includes any area referred to in paragraph (a) of the definition of Protected Zone in subsection 3(1).
"relevant person" means a person:
(a) who is not both a traditional inhabitant and an Australian citizen; and
(b) who is:
(i) the master of, or a person on board, a boat;
(ii) the pilot of, or a person on board, an aircraft; or
(iii) the operator of a fish processing facility that is in Australia.
(6) Where there is in force an instrument under subsection (1) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing), from the area in relation to which the first - mentioned instrument has effect, of fish of that kind with the use of a boat of any one or more of the following kinds, namely, an Australian boat, a Papua New Guinea boat or a foreign boat.
(6A) Where there is in force an instrument under subsection (1A) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing) without the use of a boat, from the area in relation to which the first - mentioned instrument has effect, of fish of that kind.
(7) Where there is in force an instrument under subsection (2) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of commercial fishing (other than community fishing), from the area in relation to which the first - mentioned instrument has effect, of fish of that kind with the use of an Australian boat or with the use of a foreign boat in respect of which a licence is in force under section 19.
(8) Where there is in force an instrument under subsection (3) in relation to any fish, the Minister may, by legislative instrument, prohibit the taking, in the course of community fishing, from the area in relation to which the first - mentioned instrument has effect, of fish of that kind.
(9) An instrument under subsection (1), (1A), (2), (2A) or (3) comes into force on the day specified for the purpose in the instrument, being a day not earlier than one month after the making of the instrument.
(10) An instrument under subsection (6), (6A), (7) or (8) comes into force on the day specified for the purpose in the instrument, being a day not earlier than 7 days after the making of the instrument and continues to be in force until the instrument is revoked or until the next anniversary of the day on which the instrument under subsection (1), (2) or (3) to which the first - mentioned instrument relates came into force, whichever first occurs.
(11) The Minister shall cause the contents of an instrument under this section to be published or broadcast in such manner as is prescribed.
(12) A person who refuses or fails to provide information required by an instrument under subsection (1), (1A), (2), (2A) or (3) to be provided by that person in the manner that the information is required by the instrument to be provided commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units.
(12A) An offence under subsection (12) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(13) A person who, in purported compliance with an instrument under subsection (1), (1A), (2), (2A) or (3), provides information that is, to his or her knowledge, false or misleading in a material particular, commits an offence punishable, on conviction, by a fine not exceeding 50 penalty units or imprisonment for 2 years, or both.
(14) A person who takes fish in contravention of an instrument in force under subsection (6), (6A), (7) or (8) commits an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person--50 penalty units; or
(b) if the person is a body corporate--250 penalty units.
(14AA) An offence under subsection (14) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code .
(14A) A person who purchases fish that the person knows have been taken in contravention of an instrument in force under subsection (6), (6A) or (7) commits an offence punishable, on conviction, by a fine not exceeding:
(a) if the person is a natural person--50 penalty units; or
(b) if the person is a body corporate--250 penalty units.