any area of waters in the Protected Zone (other than an area within the Protected Zone coastal waters of Queensland) to the south of the line described in Annex 8 to the Torres Strait Treaty;

if there is in force a Proclamation under subsection 15(1) or (2) in relation to an area of waters—so much of that area of waters as is not within the Protected Zone coastal waters of Queensland; and

if there is in force an arrangement under Part V that provides that a particular fishery, being a fishery that is so defined that it is or may be carried on wholly or partly within the Protected Zone coastal waters of Queensland, is to be managed in accordance with the law of the Commonwealth—that part of the Protected Zone coastal waters of Queensland to which the arrangement relates;

but does not, except to the extent necessary for the purposes of giving effect to an arrangement of the kind referred to in paragraph (c), include, in relation to any act or thing done for the purposes of fishing for sedentary organisms, any part of the Protected Zone to the north of the line described in Annex 5 to the Torres Strait Treaty.

area of Papua New Guinea jurisdiction means any area of waters in the Protected Zone (other than an area within the Protected Zone coastal waters of Queensland) to the north of the line described in Annex 5 to the Torres Strait Treaty, but does not include, in relation to any act or thing done for the purpose of fishing for fish other than sedentary organisms, any area to the south of the line described in Annex 8 to the Torres Strait Treaty.

Australian boat means a boat that is not a Papua New Guinea boat and the operations of which are based on a place in Australia and which is wholly owned by a natural person who is a resident of, or by a company incorporated in, Australia, being a boat that: was built in ; has been lawfully imported into , otherwise than for a limited period; or has been sold, or otherwise disposed of, in after having been forfeited or distrained under a law of the Commonwealth or of a State or Territory.

was built in ;

has been lawfully imported into , otherwise than for a limited period; or

has been sold, or otherwise disposed of, in after having been forfeited or distrained under a law of the Commonwealth or of a State or Territory.

Australian resident means:

(a) a person who holds a permanent visa (as defined in the Migration Act 1958) that is in effect; or

(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958) that is in effect; or

any other person who is usually resident in or a Territory and whose continued presence in or a Territory is not subject to a limitation as to time imposed by law.

boat means any kind of vessel used in navigation by water, however propelled or moved, and includes: a barge, lighter or other floating vessel; and an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.

a barge, lighter or other floating vessel; and

an air-cushion vehicle, or other similar craft, used wholly or primarily in navigation by water.

carrying includes preserving for the purpose of carriage or storing for that purpose.

CEO has the same meaning as in the Fisheries Administration Act 1991.

commercial fisher means the holder of a commercial fishing licence.

commercial fishing means fishing for commercial purposes, but does not include traditional fishing.

commercial fishing licence means a licence that is in force under subsection 19(2) or (4).

community fishing means commercial fishing carried on by: a person who is, or 2 or more persons each of whom is, both a traditional inhabitant and an Australian citizen (not being a person who is, in the course of that fishing, under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of another person who is not both an Australian citizen and a traditional inhabitant); or a person or persons of the kind referred to in paragraph (a) and another person or other persons employed by: the first-mentioned person or persons; or the Commonwealth, , an authority of the Commonwealth or an authority of ; to provide the first-mentioned person or persons with training or advice in relation to fishing techniques.

a person who is, or 2 or more persons each of whom is, both a traditional inhabitant and an Australian citizen (not being a person who is, in the course of that fishing, under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of another person who is not both an Australian citizen and a traditional inhabitant); or

a person or persons of the kind referred to in paragraph (a) and another person or other persons employed by:

the first-mentioned person or persons; or

the Commonwealth, , an authority of the Commonwealth or an authority of ;

to provide the first-mentioned person or persons with training or advice in relation to fishing techniques.

evidential material means a thing relevant to an indictable offence, or a thing relevant to a summary offence, against this Act or the regulations, including such a thing in electronic form.

executing officer, in relation to a warrant, means:

the officer named in the warrant by the magistrate who issued the warrant as being responsible for executing the warrant; or

if the officer so named does not intend to be present at the execution of the warrant—another officer whose name has been written in the warrant by the officer so named; or

another officer whose name has been written in the warrant by the officer last named in the warrant.

fish means all the natural resources of the sea and seabed, including all swimming species and all sedentary organisms, but does not include cetaceans or minerals.

fishing means:

searching for, or taking, fish; or

attempting to search for, or take, fish; or

engaging in any other activities that can reasonably be expected to result in the locating, or taking, of fish; or

placing, searching for or recovering fish aggregating devices or associated electronic equipment such as radio beacons; or

any operations at sea directly in support of, or in preparation for, any activity described in this definition; or

aircraft use relating to any activity described in this definition except flights in emergencies involving the health or safety of crew members or the safety of a boat; or

the processing, carrying or transhipping of fish that have been taken.

fish receiver licence means a licence that is in force under subsection 19(4B).

foreign boat means a boat other than an Australian boat or a boat.

master means the person in charge or command of the boat.

master fisherman’s licence means a licence granted under subsection 19(1).

offence against this Act includes an offence against section 136.1, 137.1, 137.2, 148.1, 148.2, 147.1 or 149.1 of the Criminal Code that relates to this Act.

officer means:

a person, or a person included in a class of persons, authorised under subsection (4) to perform duties under this Act;

a member of the Defence Force; or

a member or special member of the Australian Federal Police or a member of the Police Force of Queensland; or

(d) an officer of Customs (as defined in the Customs Act 1901).

boat means:

a boat in respect of which a licence is in force; or

a boat that is being used by a traditional inhabitant who is a citizen of in the course of traditional fishing.

Papua New Guinea licence means a licence in force under the laws of Papua New Guinea in respect of a boat, being a licence granted pursuant to the Torres Strait Treaty that authorises the use of the boat for commercial fishing in an area of Papua New Guinea jurisdiction (whether or not the licence also authorises the use of the boat for fishing in any other area).

Papua New Guinea Minister means the Minister of the Government of Papua New Guinea for the time being administering the laws of relating to fishing in and in the vicinity of the Protected Zone, and includes a delegate of that Minister.

PPSA security interest (short for Personal Property Securities Act security interest) means a security interest within the meaning of the Personal Property Securities Act 2009 and to which that Act applies, other than a transitional security interest within the meaning of that Act.

section 8 (interests to which the Act does not apply);

(b) security interest);section 12 (meaning of

Chapter 9 (transitional provisions).

premises includes any land, place, vehicle, vessel or aircraft.

private purposes means purposes other than commercial purposes or scientific purposes.

processing includes the cutting up, dismembering, cleaning, sorting or packing of the fish.

Protected Zone means the area the boundaries of which are described in Annex 9 to the Torres Strait Treaty, and includes: in relation to any act or thing done for the purposes of commercial fishing—any area adjacent to the first-mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is outside but near the Protected Zone for the purposes of commercial fishing; and in relation to any act or thing done for the purposes of traditional fishing—any area adjacent to the first-mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is in the vicinity of the Protected Zone for the purposes of traditional fishing.

in relation to any act or thing done for the purposes of commercial fishing—any area adjacent to the first-mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is outside but near the Protected Zone for the purposes of commercial fishing; and

in relation to any act or thing done for the purposes of traditional fishing—any area adjacent to the first-mentioned area and to the north of the line described in Annex 5 to the Torres Strait Treaty, being an area that is, under the laws of Papua New Guinea, declared to be an area that is in the vicinity of the Protected Zone for the purposes of traditional fishing.

sedentary organism means any species of marine organism that, at the harvestable stage, is: immobile on or under the seabed; or unable to move except in constant physical contact with the seabed or the subsoil.

immobile on or under the seabed; or

unable to move except in constant physical contact with the seabed or the subsoil.

take includes catch or capture.

territorial sea, in relation to , has the same meaning as in Division 1 of Part II of the Seas and Submerged Lands Act 1973.

Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning sovereignty and maritime boundaries in the area between the two countries, including the area known as the Torres Strait, and related matters that was signed at Sydney on 18 December 1978, being the treaty a copy of which, apart from Annexes 2, 4, 6 and 7 to that treaty, is set out in the Schedule.

traditional fishing has the same meaning as in the Torres Strait Treaty, but does not include fishing by a method, or with the use of equipment or a boat, of a kind specified in an instrument in force under subsection (2).

traditional inhabitant means:

(a) a person covered by the definition of traditional inhabitants in Article 1 of the Torres Strait Treaty (as affected by subsection (3)); or

a person prescribed by the regulations.

Treaty endorsement means an endorsement of a licence made under subsection 20(1).

warrant premises means premises in relation to which a warrant is in force.

(a) the reference in the definition of traditional inhabitants in Article 1 of the Torres Strait Treaty to the adjacent coastal area of Australia shall be read as a reference to any area adjacent to the Protected Zone and to the south of the line described in Annex 5 to the Torres Strait Treaty that is declared by the Minister, by legislative instrument, to be part of the adjacent coastal area of Australia; and

the reference in that definition in that Article to the adjacent coastal area of Papua New Guinea shall be read as a reference to any area adjacent to the Protected Zone and to the north of the line described in Annex 5 to the Torres Strait Treaty that is declared by the Minister, by legislative instrument, to be part of the adjacent coastal area of Papua New Guinea.

authorise a person, or a person included in a specified class of persons, being a person who is:

an officer or employee of the Commonwealth or an officer or employee of an authority of the Commonwealth or of a Territory; or

an officer or employee of or of an authority of ;

to perform duties under this Act; or

authorise a person nominated by the Minister to perform duties under this Act.

the parts of the territorial sea of that are adjacent to and are:

in the Protected Zone; or

in an area in respect of which a Proclamation is in force under subsection 15(1) or (2);

other than any part referred to in subsection (2) of this section; and

any marine or tidal waters that are on the landward side of any part of the territorial sea of referred to in paragraph (a) but are not within the limits of .

activities included in the class of activities specified in the Proclamation; or

if there is in force a Proclamation under subsection 15(2) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area—activities to which this Act applies by virtue of the last-mentioned Proclamation.

activities by way of traditional fishing; or

if there is in force a Proclamation under subsection 15(1) in relation to an area, being an area that is the same as, or that is part of or includes part of, the relevant area—activities to which this Act applies by virtue of the last-mentioned Proclamation.

an APS employee in the Department; or

an AFMA staff member; or

a person from time to time holding, or performing the duties of, a specified office in the service of Queensland or an authority of Queensland or under the law of Queensland; or

an APS employee in the TSRA.

licences and Treaty endorsements in force from time to time under this Act; and

the allocation of units of fishing capacity (within the meaning or paragraph 15A(6)(a)) from time to time under this Act.

for ascertaining whether fishing in an area of Australian jurisdiction can be engaged in on a commercial basis; or

for the development of any class of activities by way of fishing in areas of Australian jurisdiction.

into economic matters relating to any class of activities by way of fishing in an area of Australian jurisdiction; or

into the stocks of fish in an area of Australian jurisdiction.

revoke the permit; or

vary or revoke the conditions to which the permit is subject or specify further conditions to which the permit is to be subject.

assessing the commercial viability of a fishery;

assessing the commercial viability of kinds of fishing activities, boats or equipment specified in the permit.

any Australian boat; or

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.

the person who is the master of any boat in respect of which a licence is in force under the Minister of:section 19, or of any such boat that is included in a class of boats specified in the instrument, to notify

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

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

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.

takes delivery of fish included in a class of fish specified in the instrument from another person; and

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.

who is not both a traditional inhabitant and an Australian citizen; and

who is:

the master of, or a person on board, a boat;

the pilot of, or a person on board, an aircraft; or

the operator of a fish processing facility that is in .

if the person is a natural person—50 penalty units; or

if the person is a body corporate—250 penalty units.

(14AA) An offence under subsection (14) is an offence of strict liability.

if the person is a natural person—50 penalty units; or

if the person is a body corporate—250 penalty units.

the parts of the territorial sea of Australia that are adjacent to Queensland, other than any part referred to in subsection 4(2); and

any marine or tidal waters that are on the landward side of any part of the territorial sea of referred to in paragraph (a) but are not within the limits of .

Queensland Minister has the same meaning as in Part V.

the objectives of the plan of management; and

measures by which the objectives are to be attained; and

performance criteria against which, and time frames within which, the measures taken under the plan of management may be assessed.

determine the manner in which the fishing capacity of the fishery is to be measured; and

provide for the periodic determination of the fishing capacity, measured in that manner, permitted for the fishery.

the granting of permits under section 12;

the conditions to which permits granted under section 12 are to be subject;

the duration, renewal, variation and revocation of permits granted under section 12;

the making of instruments under section 14;

the making of instruments under section 16;

the making of declarations under section 17;

the granting of licences under section 19;

the conditions to which licences granted under section 19 are to be subject;

the duration, transfer, renewal and variation of licences granted under section 19;

the making of Treaty endorsements under section 20;

the conditions to which Treaty endorsements made under section 20 are to be subject;

the duration, transfer, renewal, variation and revocation of Treaty endorsements made under section 20;

the making of entries under section 21 in licences or Treaty endorsements;

the suspension, variation and revocation of entries made under section 21 in licences or Treaty endorsements.

(a) the division of the fishing capacity, or a part of the fishing capacity, permitted for the fishery into units (the units of fishing capacity);

the allocation to holders of licences under section 19 or other persons of units of fishing capacity in the fishery;

the assignment of units of fishing capacity to boats, and the holding, and cessation of holding, of units of fishing capacity in relation to boats;

requiring units of fishing capacity to be held in relation to boats;

the determination of the number of units of fishing capacity to be held in relation to boats;

the holding of units of fishing capacity that are not assigned to a boat, including the number of such units of fishing capacity that may be held by a person and the period during which such units of fishing capacity may be held;

the duration, variation, re-assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity;

the translation of units of fishing capacity into catch or use entitlements, and the transfer of these entitlements;

the recording on a register kept under section 10 of the allocation, assignment, holding, cessation of holding, variation, re-assignment, transfer, surrender, replacement, renewal of allocation, suspension and cancellation of units of fishing capacity and the manner in which such recording is to be evidenced, including the issue, recall and replacement of certificates and other documents evidencing such recording;

the recording on a register kept under section 10 of the catch or use entitlements applying to particular units of fishing capacity;

the reconsideration of decisions made under the plan of management.

a species of fish;

a description of fish by reference to sex or any other characteristic;

an area of waters or of seabed;

a method of fishing;

a class of boats;

a class of persons;

a purpose of activities.

prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument; or

prohibit the taking, processing or carrying of fish included in a class of fish specified in the instrument that:

are less than a size or weight specified in the instrument; or

have a dimension less than a dimension specified in the instrument; or

have a part with a dimension or weight less than a dimension or weight specified in the instrument in relation to that part; or

are greater than a size or weight specified in the instrument; or

have a dimension greater than a dimension specified in the instrument; or

have a part with a dimension or weight greater than a dimension or weight specified in the instrument in relation to that part; or

prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, by a method, or with the use of equipment or a boat, of a kind specified in the instrument; or

prohibit the taking, processing, carrying or storage, in the course of community fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of equipment, a boat or land facilities owned by, or under the control of, persons other than persons who are included in a class of persons specified in the instrument; or

prohibit the taking, processing or carrying, in the course of commercial fishing, of fish, or fish included in a class of fish specified in the instrument, with the use of an Australian boat, a Papua New Guinea boat or foreign boat; or

prohibit a person from using or having in his or her possession or under his or her control, on a boat, a quantity of equipment, in the course of commercial fishing, of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or

prohibit a person from using, or having in his or her possession or under his or her control on a boat, in the course of commercial fishing, equipment of a kind specified in an instrument in force under paragraph (f) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or

prohibit the taking, processing or carrying of fish, or fish included in a class of fish specified in the instrument, in the course of commercial fishing without the use of a boat; or

prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, a quantity of equipment of a specified kind that is in excess of a quantity specified in, or ascertainable as provided by, the instrument; or

prohibit a person from using, or having in his or her possession or under his or her control, in the course of commercial fishing without the use of a boat, equipment of a kind specified in an instrument in force under paragraph (gb) unless that equipment is registered, or there is a licence in force in respect of that equipment, under the law of Queensland or of Papua New Guinea; or

prohibit the taking of eggs of reptiles included in a class of reptiles specified in the instrument; or

prohibit the carrying away, from an area specified in the instrument, of sedentary organisms included in a class of sedentary organisms specified in the instrument unless those organisms are dead; or

prohibit the master of a boat that is included in a class of boats specified in the instrument from having on board the boat a number of persons greater than a number specified in, or ascertainable as provided by, the instrument for the purpose of engaging in specified activities by way of commercial fishing; or

prohibit the taking of fish, or fish included in a class of fish specified in the instrument, otherwise than in the course of community fishing or traditional fishing; or

where there is an instrument in force under paragraph (m) in relation to fish of a certain kind, prohibit the processing of fish of that kind in an area of Australian jurisdiction or in an area declared under subsection 3(3) to be part of the adjacent coastal area of Australia otherwise than in the course of community fishing or traditional fishing; or

prohibit a person from having in his or her possession or under his or her control on a boat, equipment of a kind specified in the instrument for taking, processing or carrying fish unless that equipment is stowed and secured, or carried, in a manner specified in the instrument; or

prohibit a person from using or having in the possession or under the control of the person, on a boat, equipment of a kind specified in the instrument for taking fish unless that equipment is marked or otherwise identified in a manner specified in the instrument.

contain prohibitions under 2 or more paragraphs of that subsection;

specify the day on which the prohibition or a particular prohibition contained in the instrument is to come into force (whether the same as, or different from, a day specified under this paragraph in relation to any other prohibition that may be contained in the instrument);

specify the period during which the prohibition or a particular prohibition contained in the instrument is to have effect (whether the same as, or different from, a period specified under this paragraph in relation to any other prohibition that may be contained in the instrument);

provide for exemptions from the prohibition or prohibitions contained in the instrument.

if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect—in that area; and

in any other case—in any area of Australian jurisdiction.

if an area of Australian jurisdiction is specified in the instrument as being the area in respect of which the prohibition is to have effect—in that area; and

if any area of land in Australia is specified in the instrument as being an area in respect of which the prohibition is to have effect—in that area.

if a period is specified in the instrument as being the period during which the prohibition is to have effect—during that period; or

in any other case—at all times.

(a) an instrument (the subsequent instrument) under subsection (1) revokes a previous instrument under that subsection; and

the subsequent instrument provides that the activities to which a prohibition contained in the subsequent instrument relates are activities in respect of which an entry may be made under subsection 21(1);

the subsequent instrument may also provide that entries made under subsection 21(1) that would, but for the revocation of the previous instrument, have had effect in relation to a specified prohibition contained in the previous instrument during any period or periods after the revocation are to have effect during that period or those periods in relation to the prohibition contained in the subsequent instrument.

an instrument under subsection (1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1); and

an entry is made pursuant to subsection 21(1) in a licence granted under subsection 19(2) or (3) or in a Treaty endorsement in force in respect of a boat;

the prohibition does not apply in relation to the use of the boat during any period during which the entry has effect.

(8AA) Where:

an instrument under subsection (1) provides that the activities to which a prohibition contained in the instrument relates are activities in respect of which an entry may be made under subsection 21(1A); and

an entry is made pursuant to subsection 21(1A) in a licence granted under subsection 19(4A) authorising activities in the course of commercial fishing without the use of a boat;

the prohibition does not apply in relation to authorised activities engaged in under the licence during any period in which the entry has effect.

the Minister has notified the Papua New Guinea Minister that a licence is proposed to be granted under that subsection in respect of that boat; and

the Minister has agreed to the granting of the licence.

a fee is payable under this Act in respect of the grant to a person of a licence under subsection (1), (2), (3) or (4A); or

(b) levy is payable under the Fisheries Levy Act 1984 on the grant to a person of a licence under subsection (2), (3) or (4A);

the Minister shall not grant the licence unless the person tenders the amount of the fee or levy, as the case may be.

taking fish in the course of commercial fishing in areas of Australian jurisdiction and carrying, or processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of the licensed boat; or

carrying, or processing and carrying, in areas of Australian jurisdiction, fish that have been taken with the use of another boat.

to be brought, at any time or at a time specified in the entry, into a place specified in the entry, being a place in Australia that is within the Protected Zone; or

to be brought, at any time or at a time specified in the entry, into a place in specified in the entry and to authorise the landing at that place of fish carried on board the boat at the time when the boat is brought into that place.

a fee is payable under this Act in respect of the making under subsection (1), (1A) or (2) of an entry in a licence granted under subsection 19(2), (3) or (4A); or

(b) levy is payable under the Fisheries Levy Act 1984 on the making under subsection (1) or (1A) of this section of an entry in a licence granted under subsection 19(2), (3) or (4A);

the Minister shall not make the entry unless the holder of the licence tenders the amount of the fee or levy, as the case may be.

a fee is payable under this Act in respect of the renewal under subsection (1) of a licence granted under section 19; or

(b) levy is payable under the Fisheries Levy Act 1984 on the renewal under subsection (1) of this section of a licence granted under subsection 19(2), (3) or (4A);

the Minister shall not renew the licence unless the holder of the licence tenders the amount of the fee or levy, as the case may be.

a fee is payable under this Act in respect of the variation under subsection (1) of a licence granted under section 19; or

(b) levy is payable under the Fisheries Levy Act 1984 on the variation under subsection (1) of this section of a licence granted under subsection 19(2) or (3);

the Minister shall not vary the licence unless the holder of the licence tenders the amount of the fee or levy, as the case may be.

there has been a contravention of, or a failure to comply with, a condition to which the licence is subject;

(aa) a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has, after the commencement of subsection 32(1) of the Fishing Legislation Amendment Act 1987:

refused or failed to provide information required by an instrument under subsection 14(1), (1A), (2), (2A) or (3) to be provided by that person in the manner in which the information was required by the instrument to be provided; or

in purported compliance with an instrument under subsection 14(1), (1A), (2), (2A) or (3), provided information that was, to the knowledge of the person, false or misleading in a material particular;

a person, being the holder of the licence or a person acting on behalf of the holder of the licence, has done an act that the person was prohibited from doing by an instrument in force under subsection 14(6), (6A), (7) or (8) or 16(1); or

in an application under this Act relating to the licence, the holder of the licence made a statement or furnished information that was, to his or her knowledge, false or misleading in a material particular;

not being an act or omission in relation to which he or she has previously exercised his or her powers under this subsection.

if proceedings for an offence against this Act in relation to the alleged act or omission referred to in paragraph (1)(a), (aa), (b) or (c), as the case may be, are instituted against the holder of the licence or a person acting on behalf of the holder of the licence within one month after the suspension—on completion of the proceedings; or

in any other case—on the expiration of one month after the suspension.

the holder of the licence is convicted of an offence against this Act, the regulations or any other law of the Commonwealth relating to fishing or against a law of Papua New Guinea or of a State or Territory relating to fishing; and

in the case of a licence in respect of a boat—during any period during which the holder held the licence in respect of the boat another person is convicted of an offence of a kind referred to in paragraph (a) in relation to the use of the boat.

payment of a fee, levy or other money relating to the licence is not made; or

the holder of the licence does not enter into an arrangement satisfactory to the Minister in relation to payment of a fee, levy or other money.

the grant of a licence under section 19;

the making of an entry in a licence of that kind;

the transfer of a licence of that kind;

the variation of a licence of that kind;

the renewal of a licence of that kind.

a person has, in accordance with subsection 23(3), surrendered a licence granted under this Act in respect of a boat; and

the person had, at the time when he or she surrendered the licence, notified the Minister that he or she intended to apply for another licence under this Act in respect of another boat;

the Minister may direct that the fee that would be payable in respect of the grant of that other licence is to be reduced by an amount that, in the opinion of the Minister, is appropriate, and where the Minister gives such a direction, that fee shall be reduced by that amount.

licences included in different classes of licences; and

entries in licences included in different classes of entries in licences.

(a) subject to paragraph (b), the person for the time being holding office as Chairperson of the TSRA pursuant to an election held under Aboriginal and Torres Strait Islander Act 2005; orsection 143L of the

if a person is acting as Chairperson of the TSRA—the person so acting.

Commonwealth Minister means the Minister for the time being administering this Act.

fishery means a class of activities by way of fishing, being a class of activities that is identified in an arrangement under this Part as a fishery to which the arrangement applies.

Protected Zone Joint Authority means the Authority established by section 30.

Protected Zone Joint Authority fishery means a fishery in respect of which there is in force an arrangement under this Part under which the fishery is to be under the management of the Protected Zone Joint Authority.

Queensland Minister means:

in a case to which paragraph (b) does not apply—the Minister of the Crown of Queensland for the time being administering the laws of Queensland relating to marine fishing in the Protected Zone; and

in a case where there is in force an appointment made for the purposes of this Act by the Governor in Council of Queensland of another Minister of the Crown of Queensland—that other Minister.

TSRA means the Torres Strait Regional Authority established by section 142 of the Aboriginal and Islander Act 2005.

the Protected Zone coastal waters of ;

waters (not being waters to the north of the line described in Annex 8 to the Torres Strait Treaty) within the Protected Zone that are adjacent to the Protected Zone coastal waters of ; and

waters (other than the Protected Zone coastal waters of ) within an area in respect of which a Proclamation under subsection 15(1) or (2) is in force.

a species of fish;

a description of fish by reference to sex or any other characteristic;

an area of waters or of seabed;

a method of fishing;

a kind or class of vessels;

a class of persons;

a purpose for which activities are carried on.

the Commonwealth Minister; and

the Queensland Minister; and

the Chairperson of the TSRA.

the fishery (being a fishery wholly or partly in the Protected Zone coastal waters of ) is to be managed in accordance with the law of the Commonwealth; or

the fishery (being a fishery wholly or partly in waters on the seaward side of the Protected Zone coastal waters of ) is to be managed in accordance with the law of .

that the fishery (being a fishery wholly or partly in the Protected Zone coastal waters of ) is to be managed by the Commonwealth in accordance with the law of the Commonwealth; or

that the fishery (being a fishery wholly or partly in waters on the seaward side of the Protected Zone coastal waters of Queensland) is to be managed by Queensland in accordance with the law of Queensland.

in the case of the Commonwealth—with the approval of the Governor-General; or

in the case of —with the approval of the Governor of Queensland;

give notice in writing to the other party that the party giving the notice desires the arrangement to terminate upon a date specified in the notice, not being earlier than 6 months after the day on which the notice is given.

in the case of a fishery that is to be managed by the Protected Zone Joint Authority—in relation to foreign boats in relevant waters, operations on and from foreign boats in relevant waters and matters that occurred before the arrangement took effect; and

in the case of a fishery that is to be managed by Queensland—in relation to boats (other than Australian boats) in relevant waters, operations on and from boats of that kind in relevant waters and matters that occurred before the arrangement took effect.

the powers of the Minister under subsection 3(2); and

the powers of the Minister under sections 14, 15A, 16 and 17; and

the powers of the Minister under section 12 in respect of Australian boats or boats;

are exercisable under those provisions by the Protected Zone Joint Authority.

instruments made by the Minister under subsection 3(2) cease to apply in relation to that fishery; and

instruments made by the Minister under sections 14, 15A, 16 and 17 cease to apply in relation to that fishery; and

permits granted by the Minister under section 12 in respect of Australian boats or boats have no application in relation to that fishery.

the entry ceases to have effect if the licence or endorsement, as the case may be, ceases to have effect; and

the Protected Zone Joint Authority may vary, suspend or revoke the entry as if it were an entry made by the Protected Zone Joint Authority under section 21.

a fee is payable under this Act in respect of the making under subsection (4) of an entry in a licence granted under this Act; or

(b) levy is payable under the Fisheries Levy Act 1984 on the making under subsection (4) of an entry in a licence granted under subsection 19(2), (3) or (4A);

the Protected Zone Joint Authority shall not make the entry unless the holder of the licence tenders the amount of the fee or levy, as the case may be.

empower the Protected Zone Joint Authority to grant, to make, or to take other action in respect of, a licence or entry in respect of a foreign boat; or

affect the operation of a licence or entry granted or made by the Minister in respect of a foreign boat or the power of the Minister to grant, or to take other action in respect of, such a licence or entry, as the case may be.

an APS employee in the Department; or

an AFMA staff member; or

a person from time to time holding, or performing the duties of, a specified office in the service of Queensland or an authority of Queensland or under the law of Queensland; or

an APS employee in the TSRA.

if the Commonwealth Minister is present—he or she is to preside; or

if the Commonwealth Minister is not present but the Queensland Minister is present—the Queensland Minister is to preside; or

if neither the Commonwealth Minister nor the Queensland Minister is present but the Chairperson of the TSRA is present—the Chairperson of the TSRA is to preside; or

if none of the preceding paragraphs is applicable—the deputy of the Commonwealth Minister is to preside.

the Commonwealth Minister proposes to decide a matter in accordance with subsection (4); and

either of the other members requests the Commonwealth Minister to delay the making of the decision to permit consultations to take place in relation to the proposed decision;

the Commonwealth Minister shall delay the making of the decision for such period as he or she considers reasonable to permit those consultations to take place.

the Protected Zone Joint Authority is not required to make a report on its activities in the period commencing on the relevant day and ending on the next 30 June; and

the Protected Zone Joint Authority shall, in its report on its activities in the year ending on the 30 June next succeeding the 30 June referred to in paragraph (a), include a report on its activities in the period referred to in paragraph (a).

upon the conviction of a person for an offence against subsection 44(2) or (3) or 45(2) or (4), the court before which the person is convicted, in addition to imposing a penalty on the person, orders the person to pay an amount to the Commonwealth; and

the court has civil jurisdiction to the extent of the amount;

the order is enforceable in all respects as a final judgment of the court in favour of the Commonwealth.

upon conviction of a person for an offence against subsection 44(2) or (3) or 45(2) or (4), the court before which the person is convicted, in addition to imposing a penalty on the person, orders the person to pay an amount to the Commonwealth; and

the court:

does not have civil jurisdiction; or

has civil jurisdiction, but:

(A) does not have civil jurisdiction to the extent of the amount; or

(B) it is more appropriate for the order to be enforceable as a final judgment of another court;

the proper officer of the court shall issue a certificate in the prescribed form containing the prescribed particulars.

that is alleged to have been committed with the use of, or in relation to, a boat in respect of which a licence is in force;

that is alleged to have been committed by a person who is licensed under the laws of Papua New Guinea to engage in commercial fishing in areas of Papua New Guinea jurisdiction; or

that is alleged to have been committed by a person who is a traditional inhabitant and a citizen of and that, in the opinion of the Minister, was committed in the course of traditional fishing.

in a case to which paragraph (b) does not apply—the Minister; and

in the case of an offence relating to a Protected Zone Joint Authority fishery—the Protected Zone Joint Authority.

a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed;

a person may, subject to subsection (3), be charged with the offence; and

a person so charged may be remanded in custody or on bail.

an officer gives evidence that he or she suspects that:

fish to which the charge relates were taken in a particular part of the Protected Zone or in an area in respect of which a Proclamation is in force under subsection 15(1) or (2);

fish to which the charge relates were taken for private purposes; or

fish to which the charge relates were taken in the course of traditional fishing, community fishing or commercial fishing (other than community fishing);

together with evidence of the grounds on which he or she so suspects; and

the court considers that, having regard to that evidence, the suspicion is reasonable;

the fish shall, in the absence of evidence to the contrary, be deemed to have been taken in that area, for those purposes or in the course of traditional fishing, community fishing or commercial fishing (other than community fishing), as the case may be.

that, at a time or during a period specified in the certificate, a boat identified in the certificate was, or was not, an Australian boat, a boat or a foreign boat; or

that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence in force under subsection 19(1); or

that, at a time or during a period specified in the certificate, there was, or was not, in force in respect of a boat identified in the certificate, a licence under section 19 or a Treaty endorsement; or

that, at a time or during a period specified in the certificate, a person specified in the certificate was, or was not, the holder of a licence in force under subsection 19(4A) or (4B) that authorised activities specified in the certificate; or

that, at a time or during a period specified in the certificate, there was in force in respect of a boat identified in the certificate a licence under section 19 or a Treaty endorsement, being a licence or endorsement, as the case may be, specified in the certificate to be one:

that authorised or that did not authorise the use of the boat for activities specified in the certificate in an area specified in the certificate; or

in respect of which an entry under section 21 was or was not in force that authorised or that did not authorise the use of the boat for activities specified in the certificate; or

that, at a time or during a period specified in the certificate, a person specified in the certificate was a person in relation to whom an authorisation under subsection 3(4) was in force; or

that, at a time or during a period specified in the certificate, a person specified in the certificate was or was not the holder of a permit under section 12 authorising the person to engage in activities specified in the certificate; or

that, at a time or during a period specified in the certificate, an area of waters specified in the certificate:

was a part of the territorial sea of that was, at the time or during the period, in an area of Australian jurisdiction; and

was not part of the Protected Zone coastal waters of .

a book or pamphlet purporting to be published by the authority of the government of Papua New Guinea containing the statute, code, regulation, proclamation or other written law, as the case may be; or

a photographic reproduction of such a book or pamphlet.

a judgment, decree, rule, conviction, acquittal, sentence or other order, process, act or decision of any court of Papua New Guinea; or

an affidavit, indictment or other legal document filed, deposited or presented in such a court;

may be given by the production of a document purporting to be a copy thereof and purporting:

to be sealed with the seal of that court; or

to be signed by a judge of that court with a statement in writing attached by the judge to his or her signature that that court has no seal.

the conduct alleged to constitute the offence took place in an area of waters specified in the averment;

at a time or during a period specified in the averment, a person specified in the averment was, or was not, the holder of a licence granted under this Act in respect of a boat, being a licence in respect of which an endorsement granted under the law of Papua New Guinea pursuant to Article 26 of the Torres Strait Treaty was in force; or

at a time or during a period specified in the averment, conditions specified in the averment were the conditions to which an endorsement of a kind referred to in paragraph (b) was subject under the law of Papua New Guinea;

is prima facie evidence of the matter averred.

that are within the knowledge of a person who is a resident of ; and

direct oral evidence of which would be admissible in the proceedings;

may be proved by affidavit, including an affidavit sworn before a person authorised under the law of to administer affidavits.

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

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

and in particular:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the taking of fish with the use of Australian boats in areas of jurisdiction and the sale or disposal of those fish;

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

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

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

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

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:

possible breaches of the laws of or of a foreign country; or

the control and protection of ’s borders; or

the administration and management of fisheries or marine environments; or

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

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

possible breaches of the laws of or of a foreign country; or

the control and protection of ’s borders; or

the administration and management of fisheries or marine environments; or

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