Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TORRES STRAIT FISHERIES ACT 1984 - SECT 60

Regulations

  (1)   The Governor - General may make regulations, not inconsistent with this Act:

  (a)   prescribing matters required or permitted by this Act to be prescribed; or

  (b)   prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act;

and in particular:

  (c)   prescribing penalties, not exceeding 20 penalty units in the case of a natural person and 100 penalty units in the case of a body corporate, for offences against the regulations; and

  (ca)   providing for the remission or refund of levy under the Fisheries Levy Act 1984 , or fees under this Act, in specified circumstances; and

  (d)   prescribing conditions or classes of conditions to which licences or Treaty endorsements may be subject; and

  (da)   providing for the replacement of licences and other instruments granted or executed under this Act or the regulations and prescribing fees for such replacement; and

  (e)   prescribing signals and rules of navigation to be observed by fishermen in areas of Australian jurisdiction; and

  (f)   for providing for the marking of boats licensed under this Act and of nets, traps, containers and other equipment used for taking or storing fish; and

  (g)   for regulating the rights of priority as between fishermen or boats in areas of Australian jurisdiction and prescribing the rules of fishing in those areas; and

  (h)   prescribing rules to be observed in trans - shipping fish in areas of Australian jurisdiction; and

  (j)   for facilitating the exercise by officers of their powers under section   42; and

  (k)   for providing for the reporting of the positions of foreign boats licensed under this Act at times when those boats are in areas of Australian jurisdiction; and

  (m)   for requiring the master of a boat that is being used for commercial fishing in an area of Australian jurisdiction to permit a prescribed person or a person included in a prescribed class of persons to go on board the boat and for requiring the master to provide accommodation and facilities for that person while the person remains on board the boat; and

  (n)   for providing for the furnishing of returns containing information in relation to:

  (i)   the taking of fish in areas of Australian jurisdiction and the sale or disposal of those fish;

  (ii)   the processing of fish taken in areas of Australian jurisdiction and the sale or disposal of fish so processed;

  (iia)   the carrying and transhipping of fish taken in areas of Australian jurisdiction;

  (iii)   the taking of fish with the use of Australian boats in areas of Papua New Guinea jurisdiction and the sale or disposal of those fish;

  (iv)   the processing of fish taken with the use of Australian boats in areas of Papua New Guinea jurisdiction and the sale or disposal of fish so processed; or

  (v)   the carrying and transhipping of fish taken with the use of Australian boats in areas of Papua New Guinea jurisdiction; and

  (o)   prescribing short methods of reference to areas of Australian jurisdiction specified in the regulations or to classes of activities by way of fishing specified in the regulations and the purposes for which those methods of reference may be used; and

  (p)   for providing for the furnishing of information relating to the persons on board a boat licensed under this Act that is in the Protected Zone; and

  (q)   providing (in addition to the collection of information in the exercise or performance of other powers and functions under this Act) for the collection, by a person exercising powers or performing functions under this Act, of information relating to:

  (i)   possible breaches of the laws of Australia or of a foreign country; or

  (ii)   the control and protection of Australia's borders; or

  (iii)   the administration and management of fisheries or marine environments; or

  (iv)   research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments; and

  (r)   providing for the disclosure, by a person exercising powers or performing functions under this Act, of information, including personal information, relating to:

  (i)   possible breaches of the laws of Australia or of a foreign country; or

  (ii)   the control and protection of Australia's borders; or

  (iii)   the administration and management of fisheries or marine environments; or

  (iv)   research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments.

  (2)   The Minister shall cause to be compiled from the returns furnished under regulations made under subsection   (1) and from any other source, statistics in relation to matters referred to in paragraph   (1)(n) and shall publish or make available, in such manner as he or she thinks fit, so many of those statistics as he or she thinks fit.

  (3)   Subject to subsection   (4), information derived from returns furnished under regulations made under paragraph   (1)(n) is not to be used for purposes other than statistical purposes and purposes set out in subparagraphs   (1)(q)(i) to (iv).

  (4)   A person is not excused from furnishing a return required by regulations made under this section, or including information in such a return, on the ground that the return or information might tend to incriminate him or her, but his or her return is not admissible in evidence against him or her in any proceedings, other than proceedings in respect of false information contained in the return or in respect of a refusal or failure to include information in the return.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback