Fisheries Administration Act 1991

No. 161, 1991

Compilation No. 26

Compilation date: 1 January 2025

Includes amendments: Act No. 60, 2024

About this compilation

This compilation

This is a compilation of the Fisheries Administration Act 1991 that shows the text of the law as amended and in force on 1 January 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self - repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Objects of Act 1

4 Interpretation 2

Part 2—Australian Fisheries Management Authority 6

Division 1—Establishment, functions and powers of Authority 6

5 Establishment 6

5A Application of the finance law 6

6 Objectives 7

6A Principles of ecologically sustainable development 8

7 Functions 8

8 Powers 12

9 Consultation 12

10B The Commission and CEO 12

10C Minister may give directions to CEO about foreign compliance 13

Division 2—Constitution of Commission 15

11 Constitution of Commission 15

Division 3—Appointment of commissioners 16

12 Appointment of commissioners 16

13 Deputy Chairperson 18

14 Acting CEO 18

15 Other employment 19

17 Remuneration and allowances 19

18 Leave of absence 20

19 Resignation 21

20 Disclosure of interests 21

21 Termination of appointment 22

22 Terms and conditions of appointment not provided for by Act 24

Division 4—Operation of Commission 25

23 Meetings 25

25 Decisions without meetings 26

Division 5—Committees 27

54 Committees 27

55 Committees other than management advisory committees 27

56 Management advisory committees 28

57 Functions of management advisory committees 28

58 Powers of management advisory committee etc. 29

59 Management advisory committee to act in accordance with policies etc. of Authority 30

60 Constitution of management advisory committees 30

61 Acting Chairperson 30

62 Appointment of members 31

63 Term of office 31

64 Leave of absence 32

64A Resignation 32

64B Termination of appointment 32

64C Disclosure of interests to management advisory committee 33

64D Disclosure of interests to Authority 33

65 Meetings 34

65A Decisions without meetings 34

66 Arrangements relating to staff etc. 35

67 Remuneration and allowances 35

Division 6—Staff and consultants 37

68 Staff 37

69 Consultants 37

Division 7—Corporate and annual operational plans 38

72 Corporate plans 38

73 Approval of corporate plan 38

74 Variation of corporate plan 39

75 Variation at request of Minister 39

76 Date of effect of variations 39

77 Development of annual operational plan 40

78 Approval of annual operational plan 40

79 Variation of annual operational plan 41

Division 9—Miscellaneous 42

87 Annual report 42

88 Co-management arrangements 42

89 Peak industry body to be given copy of report etc. 43

90 Public meetings 43

91 Minister may give directions in exceptional circumstances 43

92 Delegation of functions and powers for which Commission is responsible 45

93 Delegation of functions and powers for which CEO is responsible 46

94 Fees 46

94B The AFMA Special Account 47

94C Credits to the AFMA Special Account 47

94D Purposes of the AFMA Special Account 47

94E Adjusted levy amounts 48

94F Proceedings in the name of the Authority 49

Part 3—The Fishing Industry Policy Council 50

Division 1—Preliminary 50

95 Interpretation 50

Division 2—Establishment, functions and powers of Council 51

96 Establishment of Council 51

97 Objectives 51

98 Functions of Council 51

99 Powers of Council 52

100 Industry conferences 52

101 Publication of Council reports 53

Division 3—Constitution and meetings of Council 55

102 Constitution of Council 55

103 Acting Chairperson 56

104 Deputies of members 56

105 Resignation of members 57

106 Termination of appointments etc. 57

107 Disclosure of interests 58

108 Meetings 58

Division 4—Working groups of Council 60

109 Working groups of Council 60

110 Disclosure of interests of members of working groups 61

Division 5—Miscellaneous 62

111 Remuneration and allowances 62

112 Arrangements relating to staff etc. 62

113 Annual report 63

Part 4—Miscellaneous 64

114 Regulations 64

Endnotes 65

Endnote 1—About the endnotes 65

Endnote 2—Abbreviation key 67

Endnote 3—Legislation history 68

Endnote 4—Amendment history 73

An Act to establish an Australian Fisheries Management Authority and a Fishing Industry Policy Council, and for related purposes

1 Preliminary

1 Short title

This Act may be cited as the Fisheries Administration Act 1991.

2 Commencement 1

Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.

If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

3 Objects of Act

The objects of this Act are:

to establish an Australian Fisheries Management Authority with functions and responsibilities relating to the management of fisheries on behalf of the Commonwealth; and

to establish a Fishing Industry Policy Council with a view to ensuring the participation by persons engaged in, or having an interest in, the fishing industry in the process of formulating government policy in relation to the management of fisheries.

4 Interpretation 1

In this Act, unless the contrary intention appears:

AFMA staff member means a member of the staff assisting the CEO (see section 68).

AFZ has the same meaning as in the Fisheries Management Act 1991.

associated law means a law conferring powers and functions on the Authority.

Australian-flagged boat has the same meaning as in the Fisheries Management Act 1991.

Authority means the Australian Fisheries Management Authority established by section 5.

CEO means the Chief Executive Officer (see subsection 10B(1)).

co-management arrangement has the meaning given in section 88.

Commission means the Commission established by subsection 10B(1).

commissioner means:

a part-time commissioner; or

the CEO.

Compliance Agreement has the same meaning as in the Fisheries Management Act 1991.

domestic fisheries management functions and powers of the Authority means the functions and powers of the Authority, other than the foreign compliance functions and powers of the Authority.

e-monitoring data has the same meaning as in the Fisheries Management Act 1991.

fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following: a species or type 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.

Note: The functions and powers of the Authority are set out in sections 7 and 8, and include functions and powers under associated laws.

a species or type 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.

fishing concession has the same meaning as in the Fisheries Management Act 1991.

foreign boat has the same meaning as in the Fisheries Management Act 1991.

foreign compliance functions and powers of the Authority means the functions and powers of the Authority as they relate to: foreign boats in the AFZ where the operation of the boat is not covered by a fishing concession, port permit or scientific permit, and persons or things on such boats; and boats outside the AFZ, and persons or things on such boats, other than where the boat is operating in an area where it is authorised to operate under a fishing concession.

foreign boats in the AFZ where the operation of the boat is not covered by a fishing concession, port permit or scientific permit, and persons or things on such boats; and

boats outside the AFZ, and persons or things on such boats, other than where the boat is operating in an area where it is authorised to operate under a fishing concession.

Note: The functions and powers of the Authority are set out in sections 7 and 8, and include functions and powers under associated laws.

governing body means the persons having the management of the affairs of that other body.

industry means the fishing industry including the catching, processing and marketing sectors of that industry.

part-time commissioner means a person appointed as a part-time commissioner under subsection 12(1), and includes the Chairperson of the Commission.

peak industry body means such body (whether incorporated or otherwise) representative generally of persons engaged in the industry as is prescribed for the purposes of this definition.

plan of management means a plan of management of a fishery determined by the Authority under an associated law.

port permit has the same meaning as in the Fisheries Management Act 1991.

precautionary principle has the same meaning as in clause 3.5.1 of the Intergovernmental Agreement on the Environment, a copy of which is set out in the Schedule to the National Environment Protection Council Act 1994.

primary stakeholder in relation to a fishery means:

the holder of a fishing concession in the fishery; or

an incorporated body that represents those holders (including a peak body, for example); or

a person prescribed by the regulations.

principles of ecologically sustainable development has the meaning given by section 6A.

scientific permit has the same meaning as in the Fisheries Management Act 1991.

Note: Definitions relating only to Part 3 are in section 95.

For the purposes of this Act:

in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area; and

in relation to a fishery or a managed fishery that is identified by reference to any matter other than an area, a reference to activities in the fishery or in the managed fishery includes activities in relation to the fishery.

(3) If an arrangement under Fisheries Management Act 1991 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.Division 3 of Part 5 of the

2 Australian Fisheries Management Authority 1 Establishment, functions and powers of Authority

5 Establishment 1

An Australian Fisheries Management Authority is established.

Note: The Authority does not have a legal identity separate from the Commonwealth.

The Authority consists of:

the CEO; and

the Commission; and

the AFMA staff members.

5A Application of the finance law

For the purposes of the finance law (within the meaning of the Public Governance, Performance and Accountability Act 2013):

the Authority is a listed entity; and

the CEO is the accountable authority of the Authority; and

the following persons are officials of the Authority:

the CEO;

the other commissioners;

iii

the AFMA staff members;

consultants engaged under subsection 69(1);

persons engaged under contract to assist the Authority; and

the purposes of the Authority include:

the objectives referred to in section 6; and

the functions of the Authority referred to in section 7.

6 Objectives 1

The Authority, in the performance of its functions, must pursue the objectives of:

implementing efficient and cost-effective fisheries management on behalf of the Commonwealth; and

ensuring that the exploitation of fisheries resources and the carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development (which include the exercise of the precautionary principle), in particular the need to have regard to the impact of fishing activities on non-target species and the long term sustainability of the marine environment; and

ensuring that:

(i) the exploitation in the Australian fishing zone (as defined in the Fisheries Management Act 1991) and the high seas of fish stocks in relation to which Australia has obligations under international agreements; and

related activities;

are carried on consistently with those obligations; and

to the extent that has obligations:

under international law; or

under the Compliance Agreement or any other international agreement;

in relation to fishing activities by Australian-flagged boats on the high seas that are additional to the obligations referred to in paragraph (ba)—ensuring that those activities are carried on consistently with those first-mentioned obligations; and

maximising the net economic returns to the Australian community from the management of Australian fisheries; and

ensuring accountability to the fishing industry and to the Australian community in the Authority’s management of fisheries resources; and

achieving government targets in relation to the recovery of the costs of the Authority.

In addition to the objectives mentioned in subsection (1), the Authority, in the performance of its functions, is to have regard to the objective of ensuring that the interests of commercial, recreational and Indigenous fishers are taken into account.

6A Principles of ecologically sustainable development

The following principles are principles of ecologically sustainable development:

decision-making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations;

if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;

the principle of inter-generational equity—that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;

the conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making;

improved valuation, pricing and incentive mechanisms should be promoted.

7 Functions 1

The Authority has the following functions:

to devise management regimes in relation to Australian fisheries;

to devise and implement management regimes that:

relate to fishing for fish stocks in relation to which has obligations under international agreements; and

are consistent with those obligations;

to the extent that has obligations:

under international law; or

under the Compliance Agreement or any other international agreement;

in relation to fishing activities by Australian-flagged boats on the high seas that are additional to the obligations referred to in paragraph (aa)—to devise and implement management regimes in relation to those activities that are consistent with those first-mentioned obligations; and

(ac) to advise and assist in relation to the exercise of powers and the performance of functions under the Fisheries Act 1984;

to devise fisheries adjustment programs and fisheries restructuring programs;

to consult, and co-operate, with the industry and members of the public generally in relation to the activities of the Authority;

to devise exploratory and feasibility programs relating to fishing;

to manage and carry out:

programs referred to in paragraphs (b) and (d) that are devised by the Authority; and

programs of a similar nature that are devised by other persons or bodies;

to establish priorities in respect of research relating to fisheries managed by the Authority and arrange for the undertaking of such research;

to make arrangements in relation to the placement of persons as observers on board boats used for commercial fishing, including foreign fishing boats operating, or intended to operate, outside the Australian fishing zone if such placements are consistent with Australia’s international obligations;

to consult, and negotiate, with foreign governments and foreign business interests in relation to access by foreign fishing vessels to Australian fisheries and Australian ports;

to consult and exchange information with an entity in a State, Territory or foreign country that has similar functions to the Authority’s functions;

to make its expertise in fisheries management available to the following entities (including by providing information technology, services or technical experts, for example):

an entity in the Commonwealth, a State, a Territory or a foreign country;

another person;

to liaise and co-operate with and, where obliged under this Act or any associated law or under international law or international agreements to do so, to give information to, overseas and international bodies on matters relating to global, regional or subregional fisheries management organisations or arrangements;

gaa

in addition to the collection of information in the exercise or performance of its other powers and functions—to collect, as authorised (within the meaning of subsection (4)), information relating to the following:

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

the control and protection of ’s borders;

iii

the administration and management of fisheries or marine environments;

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

to disclose, as authorised (within the meaning of subsection (4)), information, including e-monitoring data and personal information, relating to the following:

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

the control and protection of ’s borders;

iii

the administration and management of fisheries or marine environments;

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

the functions specified in section 9 relating to consultation;

the functions specified in Division 7 relating to annual operational plans;

the functions specified in this Part relating to reporting;

as provided by an associated law:

to establish and allocate fishing rights;

to establish and maintain a register of fishing rights;

iii

functions relating to plans of management;

functions relating to recreational fishing;

to undertake, on behalf of the Commonwealth, management responsibilities in relation to fisheries management arrangements entered into with the States and Territories;

to collect, on behalf of the Commonwealth, a payment in the nature of a community return payable by persons exploiting fisheries resources;

to take action in accordance with international law to deter the use of vessels on the high seas for activities that contravene or reduce the effectiveness of measures that are for the conservation and management of fish stocks and are established by:

a subregional or regional fisheries management organisation that is a member of; or

a subregional or regional fisheries management arrangement that participates in;

such other functions as are conferred on the Authority by or under this Act or an associated law.

The paragraphs of subsection (1) do not limit one another.

In disclosing information in the course of an activity referred to in paragraph (1)(g), (ga), (gb) or (ma), the Authority may require that the information:

not be disclosed by the person or body to which it is provided; or

be disclosed only for such purposes, and on such conditions, as the Authority specifies.

(4) Collection or disclosure of information is authorised for the purposes of paragraph (1)(gaa) or (gb) if it is done in accordance with:

(a) this Act, the Fisheries Management Act 1991 or the Fisheries Act 1984; or

regulations made under an Act mentioned in paragraph (a).

8 Powers

The Authority may do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

Note: The CEO may enter into contracts and other arrangements on behalf of the Commonwealth. See Public Governance, Performance and Accountability Act 2013.section 23 of the

9 Consultation

The Authority, for the purpose of considering any matter, or obtaining information or advice, relating to the performance of its functions, may consult with persons, bodies or Governments, including:

persons or bodies representative of the whole or a part of the industry or recreational fishing; and

the Commonwealth Government or State or Territory Governments or Commonwealth, State or Territory authorities having functions relating to fisheries; and

persons (including members of the scientific community) having a particular interest in matters associated with the industry.

10B The Commission and CEO 1

There is to be a Commission and a Chief Executive Officer.

Note: The Chief Executive Officer is also a commissioner: see the definition of commissioner in subsection 4(1).

The Commission is responsible for performing and exercising the domestic fisheries management functions and powers of the Authority.

The CEO is responsible for:

performing and exercising the foreign compliance functions and powers of the Authority; and

assisting the Commission, including by giving effect to the decisions of the Commission.

The CEO is not subject to direction by the Commission in relation to the CEO’s performance or exercise of:

(a) functions and powers under the Public Governance, Performance and Accountability Act 2013 or the Public Service Act 1999; or

the foreign compliance functions and powers of the Authority.

Anything done in the name of the Authority, or on the Authority’s behalf, by:

the Commission in performing or exercising the domestic fisheries management functions and powers of the Authority; or

the CEO in performing or exercising the foreign compliance functions and powers of the Authority;

is taken to have been done by the Authority.

10C Minister may give directions to CEO about foreign compliance 1

The Minister may give written directions to the CEO about the performance and exercise of the foreign compliance functions and powers of the Authority.

Directions given by the Minister under subsection (1) may relate to a particular case.

The CEO must comply with any direction given by the Minister under subsection (1).

The Minister must cause a copy of each direction given under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after giving the direction.

Subsection (4) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because compliance would, or would be likely to, be prejudicial to the national interest of .

Neither a direction made under subsection (1) nor a determination made under subsection (5) is a legislative instrument.

2 Constitution of Commission

11 Constitution of Commission 1

The Commission consists of:

the Chairperson of the Commission; and

the other part-time commissioners; and

the CEO.

There must be no more than 8 part-time commissioners (including the Chairperson).

3 Appointment of commissioners

12 Appointment of commissioners 1

The Chairperson of the Commission, the other part-time commissioners and the CEO are to be appointed by the Minister by written instrument.

CEO may also be appointed Chairperson

The CEO may also be appointed as the Chairperson of the Commission, but must not otherwise hold office as a part-time commissioner.

Eligibility for appointment

To be eligible for appointment as a commissioner, an individual, at the time of appointment:

must have a high level of expertise in one or more of the following:

fisheries management;

fishing industry operations;

iia

matters relating to recreational or Indigenous fishing;

iii

science;

natural resource management;

economics;

business or financial management;

vii

law;

viii

public sector administration or governance;

such other matters (if any) as are prescribed by the regulations; but

must not hold:

an executive position in a fishing industry association (however described) or in a fishing representative organisation (however described); or

(ii) a fishing concession granted under the Fisheries Management Act 1991; or

iii

(iii) a licence or permit granted under the Fisheries Act 1984; or

an executive position (however described and whether or not a director of the body) in a body corporate that holds a fishing concession, licence or permit of a kind mentioned in subparagraph (ii) or (iii); or

the majority of the voting shares in a company that holds a fishing concession, licence or permit of a kind mentioned in subparagraph (ii) or (iii).

Note: These eligibility criteria will apply to the CEO who is also a commissioner: see the definition of commissioner in subsection 4(1).

(4) For the purposes of subparagraph (3)(b)(iv), a person holds an executive position in a body corporate if the person is concerned in, or takes part in, the management of the body.

In appointing commissioners, the Minister must ensure, as far as practicable, that the commissioners collectively possess expertise in all of the matters mentioned in paragraph (3)(a).

Basis of appointments

The Chairperson of the Commission and the other part-time commissioners must be appointed on a part-time basis.

The CEO must be appointed on a full-time basis.

Term of appointment

A commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.

Validation

The appointment of an individual as a commissioner is not invalid because of a defect or irregularity in connection with the individual’s appointment.

13 Deputy Chairperson 1

The Minister is to appoint a part-time commissioner (other than the Chairperson) to be the Deputy Chairperson of the Commission.

The Minister must, before appointing a person to be the Deputy Chairperson, consult with the Chairperson of the Commission.

The Minister may at any time terminate an appointment made under subsection (1).

A person appointed as Deputy Chairperson ceases to hold the office if the person ceases to be a part-time commissioner.

A person appointed as Deputy Chairperson may resign by giving to the Minister a signed notice of resignation.

During any period when:

the office of Chairperson of the Commission is vacant (whether or not an appointment has previously been made to the office); or

the Chairperson of the Commission is absent from or is, for any reason, unable to perform the duties of the office;

the Deputy Chairperson is to act as Chairperson.

Note: For rules that apply to persons acting as the Chairperson, see Acts Interpretation Act 1901.section 33A of the

The Deputy Chairperson has, when acting as Chairperson, all the powers, duties, rights and entitlements of the Chairperson of the Commission.

14 Acting CEO

The Minister may appoint a person to act as the CEO:

during a vacancy in the office of CEO (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the CEO is absent from duty or from , or is, for any reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

15 Other employment 1

A part-time commissioner must not engage, without the Minister’s approval, in paid employment that conflicts or may conflict with the proper performance of his or her duties.

The CEO must not engage in paid employment outside the duties of the CEO’s office without the Minister’s approval.

17 Remuneration and allowances 1

A commissioner is to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination is in operation, the commissioner is to be paid such remuneration as is prescribed.

A commissioner is to be paid such allowances as are prescribed.

Where:

a person who is a part-time commissioner is a member of, or a candidate for election to, the Parliament of a State; and

under the law of the State, the person would not be eligible to remain, or to be elected as a member of that Parliament if the person were entitled to remuneration or allowances under this Act;

the person must not be paid remuneration or allowances under this Act, but is to be reimbursed the expenses that the person reasonably incurs in performing duties under this Act.

Where a part-time commissioner:

is a member of the Parliament of a State, but subsection (3) does not apply in relation to the person; or

is in the service or employment of a State, or an authority of a State, on a full-time basis; or

holds or performs the duties of an office or position established by or under a law of a State on a full-time basis;

it is a condition of the person’s holding office under this Act that the person pay to the State, within one month of receiving an amount of remuneration under this Act, an amount equal to the amount of remuneration.

An amount payable under subsection (4) is a debt due to the State, and the State may recover the amount by action against the person in a court of competent jurisdiction.

(6) This section has effect subject to the Remuneration Tribunal Act 1973.

In this section:

Parliament means:

in relation to the —the Legislative Assembly for the ; and

in relation to the —the Legislative Assembly of the .

State includes the and the .

18 Leave of absence

Part-time commissioners

The Minister may grant leave of absence to the Chairperson of the Commission on such terms and conditions as the Minister considers appropriate.

The Chairperson may grant leave of absence to another part-time commissioner on such terms and conditions as the Chairperson considers appropriate.

CEO

The CEO has the recreation leave entitlements that are determined by the Remuneration Tribunal.

The Minister may grant the CEO leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.

19 Resignation

A commissioner may resign by giving to the Minister a signed notice of resignation.

20 Disclosure of interests

Disclosure before appointment

Before starting to hold office, a commissioner must give to the Minister a written statement of any material personal interest that the commissioner has that relates to the affairs of the Commission.

Note: A commissioner, once appointed, must also disclose interests under Public Governance, Performance and Accountability Act 2013.section 29 of the

Disclosure after appointment

(2) A disclosure by a commissioner under Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) must be made to the Minister.section 29 of the

Subsection (2) applies in addition to any rules made for the purposes of that section.

(4) For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013, the commissioner is taken not to have complied with section 29 of that Act if the commissioner does not comply with subsection (2) of this section.

(5) The CEO must keep one or more registers of interests disclosed under this section and Public Governance, Performance and Accountability Act 2013.section 29 of the

21 Termination of appointment 1

The Minister may terminate the appointment of a commissioner for:

misbehaviour or physical or mental incapacity; or

inefficiency or incompetence.

The Minister may terminate the appointment of a commissioner if:

the commissioner:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

iii

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the commissioner is absent, except on leave of absence:

in the case of a part-time commissioner—from 3 consecutive meetings of the Commission; or

in the case of the CEO—for 14 consecutive days or for 28 days in any 12 months; or

in the case of a part-time commissioner—in paid employment, without the approval of the Minister, that conflicts or may conflict with the proper performance of the duties of his or her office (see section 15); or

in the case of the CEO—in paid employment outside the duties of his or her office without the approval of the Minister (see section 15); or

the commissioner fails, without reasonable excuse, to comply with:

subsection 20(1); or

(ii) Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.section 29 of the

Termination for holding certain positions or interests

The appointment of a commissioner is terminated, by force of this subsection, if the commissioner becomes the holder of:

an executive position in a fishing industry association (however described); or

(b) a fishing concession granted under the Fisheries Management Act 1991; or

an executive position (however described and whether or not a director of the body) in a body corporate that holds a fishing concession, licence or permit of a kind mentioned in paragraph (b) or (c); or

the majority of the voting shares in a company that holds a fishing concession, licence or permit of a kind mentioned in paragraph (b) or (c).

(4) For the purposes of paragraph (3)(d), a person holds an executive position in a body corporate if the person is concerned in, or takes part in, the management of the body.

Validation

Anything done by or in relation to the Commission is not invalid merely because the appointment of a commissioner has been terminated by force of subsection (3).

22 Terms and conditions of appointment not provided for by Act

A commissioner holds office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.

4 Operation of Commission

23 Meetings 1

Subject to subsection (2), meetings of the Commission are to be held at such times and places as the Commission from time to time determines.

The Chairperson of the Commission may at any time convene a meeting of the Commission.

Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.

The Chairperson of the Commission is to preside at all meetings of the Commission at which the Chairperson is present.

If the Chairperson and Deputy Chairperson of the Commission are not present at a meeting of the Commission the commissioners present are to appoint one of their number to preside at the meeting.

At a meeting of the Commission:

a majority of the commissioners constitutes a quorum; and

a question is to be decided by a majority of the votes of the commissioners present and voting; and

the commissioner presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

If:

(a) rules made for the purposes of Public Governance, Performance and Accountability Act 2013 prevent a commissioner from participating in deliberations or decisions with respect to a particular matter at a meeting of the Commission; andsection 29 of the

when the commissioner leaves the meeting concerned there is no longer a quorum present;

the remaining commissioners at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.

The Commission must keep minutes of its proceedings.

The Commission may invite a person to attend a meeting for the purpose of advising or informing it on any matter.

25 Decisions without meetings 1

The Commission is taken to have made a decision at a meeting if:

without meeting, a majority of the commissioners entitled to vote on the proposed decision indicate agreement with the decision; and

that agreement is indicated in accordance with the method determined by the Commission under subsection (2); and

all the commissioners were informed of the proposed decision, or reasonable efforts were made to inform all the commissioners of the proposed decision.

Subsection (1) applies if the Commission:

has determined that it may make decisions of that kind without a meeting; and

has determined the method by which commissioners are to indicate agreement with proposed decisions.

For the purposes of paragraph (1)(a), a commissioner is not entitled to vote on a proposed decision if the commissioner would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Commission.

The Commission must keep a record of decisions made in accordance with this section.

5 Committees

54 Committees

The Authority may establish committees to assist it in the performance of its functions and the exercise of its powers, and may abolish any such committee.

55 Committees other than management advisory committees 1

A committee (other than a management advisory committee) may be constituted wholly by commissioners or partly by commissioners and partly by other persons.

The Authority may determine:

the manner in which the committee is to perform its functions; and

the procedure to be followed at or in relation to meetings of the committee, including matters with respect to:

the convening of meetings of the committee; and

the number of members of the committee who are to constitute a quorum; and

iii

the selection of a member of the committee to preside at meetings of the committee; and

the manner in which questions arising at a meeting of the committee are to be decided.

Where:

a member of such a committee has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the committee; and

the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter;

the member must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the committee.

A disclosure under subsection (3) must be recorded in the minutes of the meeting.

56 Management advisory committees 1

Without limiting the power of the Authority to establish committees under section 54, the Authority may, under that section, establish management advisory committees to assist it in the performance of its functions and the exercise of its powers in relation to a fishery.

Where a plan of management makes provision for the performance of functions, or the exercise of powers, by a management advisory committee, the Authority is to establish such a committee for the purposes of that plan.

The Authority may, after consultation with the members of a management advisory committee, vary the committee’s functions and powers.

57 Functions of management advisory committees 1

A management advisory committee has such functions as the Authority from time to time determines.

Without limiting the generality of subsection (1), the Authority may determine any of the following functions in relation to a management advisory committee:

the function of being a liaison body between the Authority and persons engaged in a fishery;

the function of providing advice to the Authority in relation to the preparation and operation of a plan of management;

the function of monitoring, and reporting to the Authority in relation to, scientific, economic and other information relating to a fishery.

58 Powers of management advisory committee etc. 1

Subject to the Authority, all things necessary or convenient to be done for, or in connection with, the performance of its functions.section 59, a management advisory committee has power to do, on behalf of

Without limiting subsection (1), a management advisory committee:

may establish sub-committees, consisting of such persons (whether members of the management advisory committee or not) as the management advisory committee determines, to advise it in the performance of its functions and the exercise of its powers; and

may abolish any such sub-committee.

A management advisory committee may determine:

the manner in which a sub-committee established by the management advisory committee is to perform its functions; and

the procedure to be followed at or in relation to meetings of the sub-committee, including matters with respect to:

the convening of meetings of the sub-committee; and

the number of members of the sub-committee who are to constitute a quorum; and

iii

the selection of a member of the sub-committee to preside at meetings of the sub-committee; and

the manner in which questions arising at a meeting of the sub-committee are to be decided.

All acts and things properly done in the name of, or on behalf of, the Authority by a management advisory committee are taken to have been done by the Authority.

59 Management advisory committee to act in accordance with policies etc. of Authority

A management advisory committee must act in accordance with any policies determined by, and any directions given by, the Authority.

60 Constitution of management advisory committees 1

A management advisory committee consists of the following members:

the Chairperson of the committee:

the AFMA staff member who is responsible for the management of the fishery in relation to which the committee has been established;

such number of other members (not exceeding 10) as the Authority determines from time to time after consultation with the industry, the States and Territories and persons engaged in research who, in the opinion of the Authority, have an interest in matters in relation to which the committee is established.

The performance of the functions, and the exercise of the powers, of a management advisory committee are not affected by reason only of vacancies in the membership of the committee.

61 Acting Chairperson

The Authority may appoint a person to act as the Chairperson of a management advisory committee:

during a vacancy in the office of Chairperson of the committee (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Chairperson of the committee is absent from duty or from or is, for any other reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

62 Appointment of members 1

The members of a management advisory committee are to be appointed by the Authority.

The appointment of a person as a member of a management advisory committee is not invalid because of a defect or irregularity in connection with the person’s appointment.

The Authority must try, as far as practicable, to ensure that the membership of a management advisory committee includes:

an appropriate number of members engaged in, or with experience in, the industry in the fishery in relation to which the management advisory committee is established; and

an appropriate number of members engaged in, or with experience in, recreational fishing in that fishery.

Nothing in this Division requires the Authority to appoint a particular person or a representative of a particular group of persons, or of a State or Territory, to be a member of a management advisory committee referred to in paragraph 60(1)(c).

63 Term of office 1

A member of a management advisory committee holds office, subject to this Division, for such term (not exceeding 3 years) as is specified in the instrument of appointment but is eligible for reappointment in accordance with this Act.

If a member of a management advisory committee (other than the Chairperson) ceases to hold office before the end of the term of appointment, another person may, in accordance with this Act, be appointed in the member’s place until the end of the term.

64 Leave of absence 1

The Authority may grant leave of absence to the Chairperson of a management advisory committee on such terms and conditions as the Authority considers appropriate.

The Chairperson of a management advisory committee may grant leave of absence to another member of the committee on such terms and conditions as the Chairperson considers appropriate.

64A Resignation

A member of a management advisory committee may resign his or her appointment by giving the Authority a written resignation.

64B Termination of appointment 1

The Authority may terminate the appointment of a member of a management advisory committee for:

misbehaviour or physical or mental incapacity; or

inefficiency or incompetence.

The Authority may terminate the appointment of a member of a management advisory committee if:

the member:

becomes bankrupt; or

applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

iii

compounds with his or her creditors; or

makes an assignment of his or her remuneration for the benefit of his or her creditors; or

the member is absent, except on leave of absence, from 3 consecutive meetings of the Commission; or

the member fails, without reasonable excuse, to comply with section 64C or 64D.

64C Disclosure of interests to management advisory committee 1

A member of a management advisory committee who has an interest, whether pecuniary or otherwise, in a matter being considered or about to be considered by the committee must disclose the nature of the interest to a meeting of the committee.

The disclosure must be made as soon as possible after the relevant facts have come to the member’s knowledge.

The disclosure must be recorded in the minutes of the meeting of the committee.

Unless the committee otherwise determines, the member:

must not be present during any deliberation by the committee on the matter; and

must not take part in any decision of the committee with respect to the matter.

For the purposes of the committee making a determination under subsection (4), the member:

must not be present during any deliberation of the committee for the purpose of making the determination; and

must not take part in making the determination.

A determination made by the committee under subsection (4) must be recorded in the minutes of the meeting of the committee.

64D Disclosure of interests to Authority

A member of a management advisory committee must give written notice to the Authority of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of his or her functions.

65 Meetings 1

The Authority may from time to time determine the procedure to be followed at or in relation to meetings of a management advisory committee, including matters with respect to:

the convening of meetings of the committee; and

the quorum for meetings of the committee (including requirements that particular members be present); and

the member of the committee to preside at meetings of the committee at which the Chairperson of the committee is not present; and

the manner in which questions arising at meetings are to be determined; and

the keeping of minutes; and

the inviting of persons to attend meetings of the committee for the purpose of advising or informing the committee on any matter.

Except in relation to matters determined by the Authority under subsection (1), the committee may determine the procedure to be followed at or in relation to its meetings.

65A Decisions without meetings 1

A management advisory committee is taken to have made a decision at a meeting if:

without meeting, a majority of the members of the committee entitled to vote on the proposed decision indicate agreement with the decision; and

that agreement is indicated in accordance with the method determined by the committee under subsection (2); and

all the members of the committee were informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.

Subsection (1) applies if the management advisory committee:

has determined that it may make decisions of that kind without a meeting; and

has determined the method by which members of the committee are to indicate agreement with proposed decisions.

For the purposes of paragraph (1)(a), a member of a management advisory committee is not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the committee.

A management advisory committee must keep a record of decisions made in accordance with this section.

66 Arrangements relating to staff etc.

The Chairperson of a management advisory committee is to arrange with the CEO for the services of AFMA staff members and consultants to the Authority, and facilities, to be made available to the committee.

67 Remuneration and allowances 1

The Chairperson and other members of a management advisory committee are to be paid such remuneration as is determined by the Remuneration Tribunal but, if no determination is in operation, they are to be paid such remuneration as is prescribed.

The Chairperson and other members of a management advisory committee are to be paid such allowances as are prescribed.

(3) Subsections (1), (2) and (4) have effect subject to the Remuneration Tribunal Act 1973.

A member of:

a committee established under section 54; or

a sub-committee established under subsection 58(1A);

(other than the Chairperson or other member of a management advisory committee or a member who is a commissioner or AFMA staff member) is to be paid such travelling allowance as is determined by the Remuneration Tribunal in relation to the performance of his or her duties as a member of the committee or sub-committee.

(5) The following offices are not public offices within the meaning of the Remuneration Tribunal Act 1973:

member of any committee established under section 54 other than a management advisory committee.

member of a sub-committee established under subsection 58(1A).

6 Staff and consultants

68 Staff 1

(1) The staff assisting the CEO must be persons engaged under the Public Service Act 1999.

(2) For the purposes of the Public Service Act 1999:

the CEO and the staff assisting the CEO together constitute a Statutory Agency; and

the CEO is the Head of that Statutory Agency.

69 Consultants 1

The CEO may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the Authority.

The terms and conditions of engagement are to be determined by the CEO.

7 Corporate and annual operational plans

72 Corporate plans 1

(1) Before preparing a corporate plan under Public Governance, Performance and Accountability Act 2013, the CEO must consult with the peak industry body and with any other person or body considered by the CEO to be appropriate.section 35 of the

A corporate plan must be signed by the Chairperson and the CEO.

73 Approval of corporate plan 1

The Minister may, by written notice given to the CEO:

(a) approve the corporate plan prepared by the CEO and given to the Minister under Public Governance, Performance and Accountability Act 2013; orsection 35 of the

if the Minister thinks that the interests of fisheries management, or any matter relating to fisheries management, so require—request the CEO to revise the plan appropriately.

If the Minister makes a request under paragraph (1)(b), the Minister is to set out the reasons for the request in the notice.

The CEO must consider a request for the revision of a corporate plan and the reasons for the request, make such revision of the plan as he or she considers appropriate and submit the revised plan to the Minister for approval.

A corporate plan comes into force:

at the commencement of the period to which the plan relates; or

on the day on which the CEO receives notice of the Minister’s approval;

whichever is the later.

74 Variation of corporate plan 1

Subject to subsection (4), the CEO must not vary a corporate plan except with the agreement of the Minister.

Where the CEO wishes to vary a corporate plan, the CEO must prepare written proposals for the variations and give a copy of the proposals to the Minister together with a statement setting out the CEO’s reasons for making the proposals.

The Minister may, after considering proposals for the variation of a corporate plan and the reason for making those proposals, by written notice given to the CEO, agree with or reject the proposals.

Nothing in this section prevents the CEO making variations of a minor nature to a corporate plan without the agreement of the Minister but the CEO must inform the Minister of the variation as soon as practicable after making it.

75 Variation at request of Minister 1

The Minister may, at any time, give the CEO written notice requesting him or her to vary a corporate plan in the manner set out in the notice.

The Minister is to set out in the notice the reasons for the request.

The CEO must consider the request and reasons, prepare written proposals for such variations of the plan as the CEO considers appropriate and submit those proposals to the Minister.

The Minister is to give the CEO written notice approving or rejecting the proposals.

76 Date of effect of variations

Where:

a corporate plan has come into force; and

a variation of the plan is approved by the Minister under section 74 or 75 or the CEO makes a variation of a minor nature;

the variation takes effect on the day on which the CEO receives notice of the Minister’s approval or makes the variation of a minor nature, as the case may be.

77 Development of annual operational plan 1

The CEO must, before 1 June 1992 and before 1 June in each subsequent calendar year or such later date as the Minister in the particular case allows, give to the Minister an annual operational plan relating to the period of 12 months commencing on the following 1 July.

An annual operational plan must:

set out particulars of the action that the Authority intends to take in order to give effect to, or further, during the period to which the plan relates, the goals set out in the corporate plan applicable to the period; and

indicate whether the Authority intends to determine, or otherwise institute, a plan of management during the period to which the annual operational plan relates and, if so, provide an outline of the nature and object of any such plan; and

include such performance indicators as the CEO considers appropriate against which the performance of the Authority can be assessed during the period to which the plan relates; and

be signed by the Chairperson and the CEO.

78 Approval of annual operational plan 1

The Minister may, by written notice given to the CEO:

approve an annual operational plan; or

if the Minister thinks that the plan is inconsistent with the provisions of the relevant corporate plan—request the CEO to revise the annual operational plan appropriately.

If the Minister makes a request under paragraph (1)(b), the Minister is to set out the reasons for the request in the notice.

The CEO must consider a request under paragraph (1)(b) and the statement of reasons, make such revision of the annual operational plan as he or she considers appropriate and submit the revised plan to the Minister for approval.

An annual operational plan comes into force:

at the commencement of the period to which the plan relates; or

on the day on which the CEO receives notice of the Minister’s approval;

whichever is the later.

79 Variation of annual operational plan 1

Sections 74, 75 and 76 apply to annual operational plans in the same way as they apply to corporate plans.

When submitting to the Minister proposals for variation of a corporate plan, the CEO must also submit to the Minister proposals for any consequential variations of a relevant annual operational plan.

9 Miscellaneous

87 Annual report

The annual report prepared by the CEO and given to the Minister under Public Governance, Performance and Accountability Act 2013 for a period must include:section 46 of the

an assessment of the extent to which the operations of the Authority during the period have contributed to the objectives set out in the annual operational plan that relates to the period; and

particulars of:

variations (if any) of the annual operational plan taking effect during that period; and

significant changes to plans of management and the introduction of new plans of management during that period; and

iii

the effectiveness or otherwise of the operation of plans of management during that period; and

any directions given to the Authority by the Minister under section 91 during that period; and

an evaluation of the Authority’s overall performance against the performance indicators set out in the annual operational plan that came into force at the beginning of that period.

88 Co-management arrangements

The Authority may enter into an arrangement (a co-management arrangement) with stakeholders in a fishery under which the stakeholders assist the Authority to perform the Authority’s functions and powers for the sustainable management of the fishery.

89 Peak industry body to be given copy of report etc. 1

(1) Where an annual report prepared by the CEO and given to the Minister under Public Governance, Performance and Accountability Act 2013 for a period has been laid before each House of the Parliament, the Chairperson of the Commission is to:section 46 of the

give to the peak industry body a copy of the report; and

request a meeting with the governing body of the peak industry body.

The purpose of meeting with that governing body is to enable the Chairperson and the CEO:

to address the members of the governing body on the Authority’s activities during the period covered by the report and on any other matters relating to fisheries management that the Chairperson and the CEO regard as relevant; and

to give any additional information to those members in relation to the Authority’s activities as the Chairperson and the CEO believe to be appropriate.

90 Public meetings 1

For the purpose of consulting with the industry and the public generally, the Authority is to hold public meetings at intervals of not greater than one year and is to take such steps as are reasonably necessary to bring the holding of a proposed meeting to the notice of persons engaged in the industry and members of the public.

If the Minister believes that additional consultation by the Authority would be beneficial, the Minister may direct the Authority to conduct an additional public meeting.

The Authority must comply with such a direction.

91 Minister may give directions in exceptional circumstances 1

Subject to subsection (2), the Minister may give directions in writing to the Authority concerning the performance of its functions and the exercise of its powers, and the Authority must comply with those directions.

The Minister must not give a direction to the Authority unless:

the Minister is satisfied that, because of the existence of exceptional circumstances, it is necessary to give the direction to the Authority in order to ensure that the performance of the functions, or the exercise of the powers, of the Authority does not conflict with major government policies; and

the Minister has given to the Authority a written notice stating that the Minister is considering giving the direction; and

the Minister has given to the Chairperson of the Commission or the CEO, as the case requires, an adequate opportunity to discuss with the Minister the need for the proposed direction.

Subject to subsection (4), where the Minister gives a direction to the Authority:

the Minister must:

(i) cause a notice setting out particulars of the direction to be published in the Gazette as soon as practicable after giving the direction; and

(ii) cause a copy of that notice to be laid before each House of the Parliament within 15 sitting days of that House after the publication of the notice in the Gazette; and

the annual report for the period in which the direction was given must include:

particulars of the direction; and

particulars of the impact of that direction on the operations of the Authority.

Subsection (3) does not apply in relation to a particular direction if the Minister determines, in writing, that compliance with the subsection is undesirable because compliance would, or would be likely to, be prejudicial to the national interest of .

(5) If, in respect of a fishery, there is in force an arrangement under Fisheries Management Act 1991 under which:Division 3 of Part 5 of the

a Joint Authority has the management of the fishery; and

the fishery, or a part of the fishery identified in the arrangement, is to be managed in accordance with the law of the Commonwealth;

references in this section to the Minister are taken, in relation to the fishery or the part of the fishery, to be references to the Joint Authority.

92 Delegation of functions and powers for which Commission is responsible

Delegation to the CEO

The Commission may, in writing, delegate to the CEO any of the domestic fisheries management functions or powers of the Authority.

The CEO, in performing a function or exercising a power delegated under subsection (1), is subject to the directions of the Commission.

Sub-delegation by the CEO

The CEO may, by signed writing, delegate to:

an AFMA staff member; or

a committee established by the Authority under section 54; or

a person engaged as a consultant to the Authority; or

a person engaged under contract to assist the Authority; or

(e) an officer within the meaning of the Fisheries Management Act 1991 or the Fisheries Act 1984; or

a primary stakeholder in a fishery under a co-management arrangement for the fishery;

any of the functions or powers of the Authority that have been delegated to the CEO by the Commission.

(4) Subject to subsection (5) of this section, sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under subsection (3) of this section in a corresponding way to the way in which they apply to a delegation under subsection (1) of this section.

A function or power that is performed or exercised by a person under a delegation under subsection (3) is taken, for the purposes of this Act, to have been exercised or performed by the Authority.

A delegate of the CEO, in performing a function or exercising a power delegated under subsection (3), is subject to the directions of the CEO.

93 Delegation of functions and powers for which CEO is responsible 1

The CEO may, by signed writing, delegate to:

an AFMA staff member; or

a committee established by the Authority under section 54; or

a person engaged as a consultant to the Authority; or

a person engaged under contract to assist the Authority; or

(e) an officer within the meaning of the Fisheries Management Act 1991 or the Fisheries Act 1984;

any of the functions or powers of the Authority for which the CEO is responsible.

A delegate of the CEO, in performing a function or exercising a power delegated under subsection (1), is subject to the directions of the CEO.

94 Fees 1

The Authority may charge such fees as are reasonable in respect of work done, services provided or information given by the Authority.

A fee:

must not be such as to amount to taxation; and

is payable to the Commonwealth.

94B The AFMA Special Account 1

The AFMA Special Account is established by this section.

(2) The Account is a special account for the purposes of the Public Governance, Performance and Accountability Act 2013.

94C Credits to the AFMA Special Account

There must be credited to the AFMA Special Account the following:

adjusted levy amounts within the meaning of subsection 94E(1);

amounts of any fee paid to the Commonwealth in respect of work done, services provided or information given by the Authority (see section 94);

amounts equal to money received by the Commonwealth in relation to property paid for with money from the Account;

amounts equal to amounts of any gifts given or bequests made for the purposes of the Account.

Note: An Appropriation Act may contain a provision to the effect that, if any of the purposes of a special account is a purpose that is covered by an item in the Appropriation Act (whether or not the item expressly refers to the special account), then amounts may be debited against the appropriation for that item and credited to that special account.

94D Purposes of the AFMA Special Account 1

This section sets out the purposes of the AFMA Special Account.

Amounts standing to the credit of the Account may be debited for the following purposes:

in payment or discharge of the costs, expenses or other obligations incurred in the performance or exercise of the functions or powers of the Authority;

in payment of any remuneration and allowances payable to any person under this Act;

meeting the expenses of administering the Account.

94E Adjusted levy amounts 1

(1) The adjusted levy amounts to be credited to the AFMA Special Account under paragraph 94C(a) are the amounts worked out using the formula:

where:

deductible component, in relation to a levy amount, means:

(a) if, as a result of the receipt by the Commonwealth of the levy amount, an amount (the research component) is required to be paid under paragraph 36(1)(a) or (b) of the Primary Industries Levies and Charges Disbursement Act 2024 to the Fisheries Research and Development Corporation—an amount equal to the research component; or

(b) if the levy amount is an amount referred to in paragraph (e) of the definition of levy amount—an amount equal to so much (if any) of the levy amount as is determined by the Minister to be an amount paid to the Commonwealth for the right to engage in fishing in the AFZ; or

if a part of the levy amount is prescribed for the purposes of this paragraph—an amount equal to the part so prescribed.

levy amount means all of the following amounts received by the Commonwealth after the commencement of this section:

(a) an amount received by the Commonwealth as levy imposed by the Fisheries Levy Act 1984;

(b) an amount received by the Commonwealth as levy imposed by the Fishing Levy Act 1991;

(d) an amount received by the Commonwealth as charge imposed by the Statutory Fishing Rights Charge Act 1991;

(e) an amount received by the Commonwealth as mentioned in the Fisheries Agreements (Payments) Act 1991;

an amount received by the Commonwealth in repayment of a loan made under a fisheries adjustment program or a fisheries restructuring program;

(g) an amount received by the Commonwealth as a penalty under Fisheries Management Act 1991;section 112 of the

(h) an amount received by the Commonwealth as a fee under regulations made under paragraph 168(2)(e) of the Fisheries Management Act 1991;

other than an amount that is declared by the regulations not to be a levy amount for the purposes of this section.

(2) A determination made under paragraph (b) of the definition of deductible component in subsection (1) is not a legislative instrument.

94F Proceedings in the name of the Authority 1

Proceedings brought by the Commonwealth in relation to the functions or powers of the Authority may be brought in the name of the Authority.

Proceedings brought against the Commonwealth in relation to the functions or powers of the Authority may be brought against the Commonwealth in the name of the Authority.

3 The Fishing Industry Policy Council 1 Preliminary

95 Interpretation

In this Part, unless the contrary intention appears:

body includes any body of persons whether incorporated or otherwise.

Chairperson means the Chairperson of the Council.

Council means the Fishing Industry Policy Council established by section 96.

Council report means a report given to the Minister in the performance of a function referred to in section 98.

member means a member of the Council and includes the Chairperson and a Deputy of a member of the Council.

working group means a working group of the Council established under section 109.

2 Establishment, functions and powers of Council

96 Establishment of Council

A Fishing Industry Policy Council is established.

97 Objectives

The Council, in the performance of its functions, must pursue the objectives of:

facilitating an exchange of views between persons having an interest in the industry on matters affecting the industry; and

developing a unified approach to matters affecting the industry.

98 Functions of Council 1

The functions of the Council are:

to inquire into, and to report to the Minister on, matters affecting the well-being of the industry; and

to inquire into, and to report to the Minister on, matters referred to it by the Minister in relation to the industry; and

to develop, and to submit to the Minister, recommendations, guidelines and plans for measures consistent with the principles of ecologically sustainable development designed to safeguard or further the interests of the industry; and

to consult, and co-operate, with other persons and organisations in matters affecting the industry; and

such other functions (if any) as are conferred upon the Council by the regulations.

Where a report of a working group is submitted to the Council under subsection 109(7), the Council may adopt the report, with or without amendments, as the report of the Council for the purposes of paragraph (1)(a) or (b).

Without limiting the generality of subsection (1), the Council, in the performance of its functions, may take into account any matter raised at an industry conference convened under section 100.

99 Powers of Council

The Council has power to do all things that are necessary or convenient to be done for, or in connection with, the performance of its functions.

100 Industry conferences 1

The Chairperson may, from time to time as he or she considers appropriate, convene conferences of persons concerned with the industry.

The Chairperson must convene a conference under subsection (1) whenever he or she is directed to do so by the Council.

The purpose of convening a conference is:

to assist the Council in identifying matters of concern to the industry; and

to promote a better understanding of problems within the industry; and

to foster a consensus on policies to be instituted to safeguard the interests of the industry.

A conference is to be convened at a time and place determined by the Chairperson.

Persons entitled to attend a conference are:

the members of the Council; and

such other persons concerned with the industry as the Chairperson invites.

The Chairperson is to preside at all conferences.

101 Publication of Council reports 1

Where a Council report is given to the Minister, the Minister is to cause it to be made public in such a way or in such ways as he or she considers appropriate.

Without limiting the generality of subsection (1), the Minister, in his or her discretion, may cause a Council report to be made public by causing it to be laid before each House of the Parliament.

Where the Minister is satisfied that the publication of a Council report would be contrary to the public interest, the Minister may, in his or her discretion:

refrain from publication of the report until the Minister is satisfied that the publication would not be contrary to the public interest; or

if the Minister is satisfied it is possible to do so without the report being misleading—publish the report with such deletions as he or she considers necessary to protect the public interest.

Where the Minister publishes a Council report with deletions, the Minister must make it publicly known that the report was published with deletions.

Where the Minister has published a Council report with deletions, the Minister must publish the report without those deletions by causing it to be made public in such a way, or in such ways, as the Minister considers appropriate, if and when the Minister becomes satisfied that the publication of the report without deletions would not be contrary to the public interest.

The Council must not:

make public a Council report that has not been published by the Minister under subsection (1), paragraph (3)(b) or subsection (5); or

make public a draft of a Council report that has not been so published or that was last so published with deletions; or

if a Council report was last published by the Minister with deletions—make a report public without those deletions.

Where a member disagrees with a finding or recommendation to be included in a Council report, the report must include a statement of the views of that member in respect of that finding or recommendation and must identify the member holding those views.

In subsection (6):

report includes part of a report.

3 Constitution and meetings of Council

102 Constitution of Council 1

The Council is to consist of the following members:

the Chairperson;

the Chairperson of the Commission;

the Chairperson of the Fisheries Research and Development Corporation;

a representative of National Fishing Industry Training Council Limited nominated by that body;

a representative of the fish catching sector of the industry nominated by the peak industry body;

a representative of the fish processing and fish marketing sectors of the industry nominated by the peak industry body;

a person representing persons who engage in recreational fishing;

a person representing persons having an interest in environmental aspects of the industry;

a person representing persons having an interest in consumer aspects of the industry;

such other persons (if any) as represent such other bodies or organisations connected with the industry as are specified by the Minister in the instrument of appointment.

The members hold office on a part-time basis.

The members, other than a member referred to in paragraph (1)(b) or (c), are to be appointed by the Minister and hold office for such period, not exceeding 3 years, as is specified in the instrument of appointment but are eligible for re-appointment in accordance with this Act.

The following persons are not eligible for appointment to the Council:

commissioners of the Commission other than the Chairperson of the Commission;

persons (other than a person referred to in paragraph (1)(b) or (c)) who, if appointed, would hold office for more than 3 consecutive terms.

The members hold office on such terms and conditions (if any) in relation to matters not provided for by this Act as are determined, in writing, by the Minister.

The performance of the functions, and the exercise of the powers, of the Council are not affected by reason only of vacancies in its membership.

103 Acting Chairperson

The Minister may appoint a person to act in the office of Chairperson:

during a vacancy in the office of Chairperson (whether or not an appointment has previously been made to the office); or

during any period, or during all periods, when the Chairperson is absent from duty or from or is, for any other reason, unable to perform the duties of the office.

Note: For rules that apply to acting appointments, see Acts Interpretation Act 1901.section 33A of the

104 Deputies of members 1

The Minister may, if requested by a person, body or organisation referred to in paragraph 102(1)(b), (c), (d), (e), (f), (g), (h), (i) or (j), appoint a person to be the Deputy of a member referred to in that paragraph.

The Minister must, if requested by the person or body that nominated a person to be the Deputy of a member, terminate the appointment of that person.

A Deputy of a member may resign by giving to the Minister a signed notice of resignation.

The Deputy of a member is entitled to attend a meeting of the Council that is not attended by the member of whom he or she is the Deputy and, while so attending, is taken to be a member.

The appointment of a Deputy of a member, and anything done by or in relation to a Deputy of a member, is not invalid merely because:

there is a defect or irregularity in connection with the Deputy’s appointment; or

the occasion for the person to act under this section had not arisen or had ceased.

105 Resignation of members

A member may resign by giving to the Minister a signed notice of resignation.

106 Termination of appointments etc. 1

The Minister must, at the request of the body concerned, terminate the appointment of a member referred to in paragraph 102(1)(d), (e) or (f) nominated to represent the body.

The Minister may:

terminate the appointment of an appointed member for misbehaviour or physical or mental incapacity; or

on the ground of misbehaviour or physical or mental incapacity—give a written direction that a member, other than an appointed member, is not entitled to attend meetings of the Council or receive allowances under section 111.

If:

a member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit; or

a member fails, without reasonable excuse, to comply with section 107; or

the Chairperson is absent except with the leave of the Minister from 3 consecutive meetings of the Council; or

a member other than the Chairperson is absent, except with the leave of the Chairperson, from 3 consecutive meetings of the Council;

the Minister must:

in the case of an appointed member—terminate the appointment of the member concerned; or

in the case of a member other than an appointed member—give a written direction that the member is not entitled to attend meetings of the Council or receive allowances under section 111.

In this section:

appointed member means a member other than a member referred to in paragraph 102(1)(b) or (c).

107 Disclosure of interests 1

Where:

a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Council; and

the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter;

the member must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the Council.

A disclosure under subsection (1) must be recorded in the minutes of the meeting.

108 Meetings 1

The Chairperson:

may convene such meetings of the Council as he or she considers necessary for the efficient performance of its functions; and

must convene a meeting of the Council on receipt of a written request signed by at least 4 members.

Meetings of the Council are to be held at such places and at such times as the Chairperson determines.

The Chairperson is to preside at all meetings of the Council at which he or she is present.

If the Chairperson is not present at a meeting of the Council, the members present are to appoint one of their number to preside at the meeting.

At a meeting of the Council, a quorum is constituted by 5 members.

A question arising at a meeting of the Council is to be decided by a majority of the votes of the members present and voting.

At a meeting of the Council, the member presiding has a deliberative vote and, in the event of an equality of votes, also has a casting vote.

The Council must keep minutes of its proceedings.

The Council may invite a person to attend a meeting of the Council for the purposes of advising or informing it on any matter.

4 Working groups of Council

109 Working groups of Council 1

Subject to this section, the Council may establish such working groups as it considers necessary for the performance of its functions to provide advice to it upon such matters as are specified by the Council.

A working group is to consist of such persons, whether members or not, as the Council considers fit.

The Chairperson of the Council is to appoint one of the persons on each working group to be the Chairperson of that working group.

The Council may determine:

the manner in which a working group is to perform its functions; and

the procedure to be followed at or in relation to meetings of a working group, including matters with respect to:

the convening of meetings of the working group; and

the number of members of the working group who are to constitute a quorum; and

iii

the selection of a member of the working group to preside at meetings of the working group at which the Chairperson of the working group is not present; and

the manner in which questions arising at a meeting of the working group are to be decided.

A working group is to continue in existence, if it is not earlier dissolved by the Council, for the period of 6 months after its establishment or for that period as extended under subsection (6).

Where the Council considers it desirable to do so, the Council may, by resolution, determine that the period of 6 months, or that period as previously extended by virtue of the operation of this subsection, is to be extended or further extended by a period of 6 months immediately following the period so referred to or that period as previously so extended.

Where the Council establishes a working group to provide advice to it on a matter, the working group must prepare a written report and, as soon as practicable, submit that report to the Council for its consideration.

Where a member of a working group disagrees with a finding or recommendation of the majority of the working group, the report of the working group must include a statement of the views of that member.

110 Disclosure of interests of members of working groups 1

Where:

a member of a working group has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the working group; and

the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter;

the member must, as soon as practicable after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the working group.

A disclosure under subsection (1) must be recorded in the minutes of the meeting.

5 Miscellaneous

111 Remuneration and allowances 1

The Chairperson is to be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination is in operation, the Chairperson is to be paid such remuneration as is prescribed.

The Chairperson is to be paid such allowances as are prescribed.

(3) Subsections (1), (2), (4) and (5) have effect subject to the Remuneration Tribunal Act 1973.

A member (other than the Chairperson of the Council or the Chairperson of the Commission) is to be paid such travelling allowance as is prescribed in relation to the performance of his or her duties as a member.

A member of a working group (including the Chairperson of the working group) is to be paid such travelling allowance as is prescribed in relation to the performance of his or her duties as a member of the working group.

(6) The following offices are not public offices within the meaning of the Remuneration Tribunal Act 1973:

member of the Council (other than the Chairperson);

member of a working group.

112 Arrangements relating to staff etc. 1

The Chairperson of the Council is to arrange with the Secretary of the Department for the services of officers and employees of the Department, and for facilities of the Department, to be made available to the Council.

While a person is performing services for the Council under such an arrangement, that person is to perform his or her functions and duties in accordance with the directions of the Council and not otherwise.

113 Annual report 1

The Council must, as soon as practicable after 30 June in each year, prepare and give to the Minister a report of its operations during the year that ended on that 30 June.

The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

For the purposes of subsection (1), if this section does not come into operation on 1 July in any year, that subsection has effect in relation to the period commencing on the day on which this section comes into operation and ending on the 30 June next following that day as if that period were a period of one year ending on that 30 June.

4 Miscellaneous

114 Regulations

The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters:

required or permitted by this Act to be prescribed; or

necessary or convenient to be prescribed in carrying out or giving effect to this Act.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key— E ndnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history— E ndnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub-subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub-Ch = Sub-Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Fisheries Administration Act 1991	161, 1991		(s 2(1) and gaz 1992, No GN1)
Primary Industries and Energy Legislation Amendment Act (No. 2) 1994	129, 1994		Sch: 21 Oct 1994 (s 2(1))	—
Fisheries Legislation Amendment Act 1997	120, 1997	7 July 1997	Sch 1: 7 July 1997 (s 2)	Sch 1 (item 12)
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997		Sch 2 (items 784–793): 1 Jan 1998 (s 2(2))	—
Primary Industries and Energy Legislation Amendment Act (No. 1) 1998	102, 1998	30 July 1998	Sch 1 (items 33–35): 30 July 1998 (s 2)	—
Fisheries Legislation Amendment Act (No. 1) 1999	143, 1999		Sch 2 (items 1–5): 11 Dec 2001 (s 2(3) and gaz 2001, No S485)	—
Corporate Law Economic Reform Program Act 1999	156, 1999		Sch 10 (item 84): 13 Mar 2000 (s 2(2)(c) and gaz 2000, No S114)	—
Fisheries Legislation Amendment Act (No.1) 2000	50, 2000	3 May 2000	Schedules 1 and 2: 1 Aug 2000 (see Gazette 2000, No. S415) Remainder: Royal Assent	—
Fisheries Legislation Amendment (Compliance and Deterrence Measures and Other Matters) Act 2004	28, 2004		Schedule 1: 6 Aug 2004 (see Gazette 2004, No. S321) Remainder: Royal Assent	Sch. 1 (item 6)
Fisheries Legislation Amendment (High Seas Fishing Activities and Other Matters) Act 2004	29, 2004		Schedules 1 and 2: 20 Aug 2004 (see Gazette 2004, No. S343) Remainder: Royal Assent	—
Financial Framework Legislation Amendment Act 2005	8, 2005		Schedule 2 (items 119–123, 174): Royal Assent	Sch. 2 (item 174)
Fisheries Legislation Amendment (International Obligations and Other Matters) Act 2005	99, 2005	6 July 2005	Schedule 1 (items 1, 2): 7 July 2005	—
Fisheries Legislation Amendment (Cooperative Fisheries Arrangements and Other Matters) Act 2006	8, 2006	23 Mar 2006	23 Mar 2006	—
Fisheries Legislation Amendment Act 2007	104, 2007	28 June 2007	Schedule 1: 26 July 2007	—
Fisheries Legislation Amendment (New Governance Arrangements for the Australian Fisheries Management Authority and Other Matters) Act 2008	36, 2008	24 June 2008	Schedule 1 (items 1–82, 135–156): 1 July 2008	Sch. 1 (items 135–156)
Fisheries Legislation Amendment Act (No. 2) 2010	137, 2010	7 Dec 2010	Schedule 1: 4 Jan 2011	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (items 606–618) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11)
Agriculture, Fisheries and Forestry Legislation Amendment Act (No. 1) 2013	17, 2013	27 Mar 2013	Schedule 4: 28 Mar 2013	—
Fisheries Legislation Amendment Act (No. 1) 2013	27, 2013	28 Mar 2013	Schedule 1 (items 10, 11): 25 Apr 2013	—
Rural Research and Development Legislation Amendment Act 2013	146, 2013	13 Dec 2013	Sch 2 (item 2): Royal Assent	—
Statute Law Revision Act (No. 1) 2014	31, 2014	27 May 2014	Sch 6 (items 15, 16, 23): 24 June 2014	Sch 6 (item 23)
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 5 (items 5–13), Sch 6 (item 44), Sch 9 (items 34–66) and Sch 14: 1 July 2014 (s 2(1) items 3, 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
Fisheries Legislation Amendment (Representation) Act 2017	123, 2017	6 Nov 2017	Sch 1 (items 1–10): 7 Nov 2017 (s 2(1) item 1)	Sch 1 (item 10)
Primary Industries (Consequential Amendments and Transitional Provisions) Act 2024	60, 2024	9 July 2024	Sch 2 (items 2, 116): 1 Jan 2025 (s 2(1) item 3)	Sch 2 (item 116)

Endnote 4—Amendment history

Provision affected	How affected
Part 1
s. 4	am. No. 129, 1994; No. 120, 1997; No. 29, 2004; No. 8, 2005; No. 8, 2006; No. 36, 2008; No. 137, 2010; No. 27, 2013
Part 2
Division 1
s 5	am No 62, 2014
s 5A	ad No 62, 2014
s 6	am No 120, 1997; No 143, 1999; No 29, 2004; No 8, 2006; No 123, 2017
s 6A	ad No 8, 2006
s 7	am No 120, 1997; No 152, 1997; No 143, 1999; No 50, 2000; No 29, 2004; No 99, 2005; No 104, 2007; No 36, 2008; No 137, 2010; No 27, 2013; No 62, 2014
s 8	am No 36, 2008; No 62, 2014
s 9	am No 36, 2008
s 10	am No 152, 1997
	rs No 36, 2008
	rep No 62, 2014
s 10A	ad No 36, 2008
	rep No 62, 2014
s 10B	ad No 36, 2008
	am No 62, 2014
s 10C	ad No 36, 2008
Division 2
Heading to Div. 2 of Part 2	rs. No. 36, 2008
s. 11	rs. No. 36, 2008
Division 3
Heading to Div. 3 of Part 2	ad. No. 36, 2008
Div. 3 of Part 2	rep. No. 36, 2008
s 12	am No 120, 1997; No 104, 2007
	rs No 36, 2008
	am No 123, 2017
s. 13	am. No. 36, 2008; No 31, 2014
s. 14	rs. No. 36, 2008
	am. No. 46, 2011
s. 15	rs. No. 36, 2008
s. 16	rep. No. 36, 2008
s. 17	am. No. 36, 2008
s. 18	am. No. 36, 2008
s. 19	am. No. 36, 2008
s. 20	rep. No. 152, 1997
	ad. No. 36, 2008
	rs No 62, 2014
s. 21	am. No. 152, 1997; No. 156, 1999; No. 36, 2008; No 62, 2014
s. 22	am. No. 36, 2008
Division 4
Heading to Div. 4 of Part 2	ad. No. 36, 2008
s. 23	am. No. 36, 2008; No 62, 2014
s. 24	rs. No. 36, 2008
	rep No 62, 2014
s. 25	rs. No. 36, 2008
ss. 26, 27	rep. No. 36, 2008
ss. 28, 29	am. No. 129, 1994
	rep. No. 36, 2008
ss. 30–42	rep. No. 36, 2008
Div. 4 of Part 2	rep. No. 36, 2008
ss. 43–46	rep. No. 36, 2008
s. 47	am. No. 102, 1998
	rep. No. 36, 2008
ss. 48, 49	rep. No. 36, 2008
s. 50	am. No. 102, 1998
	rep. No. 36, 2008
ss. 51–53	rep. No. 36, 2008
Division 5
s. 54	am. No. 137, 2010
s. 55	am. No. 36, 2008
s. 56	am. No. 137, 2010
s. 58	am. No. 120, 1997
s 60	am No 36, 2008; No 123, 2017
s. 61	am. No. 46, 2011
s 62	am No 123, 2017
s. 64	am. No. 152, 1997
	rs. No. 36, 2008
s. 64A	ad. No. 152, 1997
	rs. No. 36, 2008
ss. 64B–64D	ad. No. 36, 2008
s. 65A	ad. No. 36, 2008
s. 66	am. No. 36, 2008
s. 67	am. No. 120, 1997; No. 28, 2004; No. 36, 2008
Division 6
Heading to Div. 6 of Part 2	rs. No. 36, 2008
s. 68	rs. No. 36, 2008
s. 69	am. No. 36, 2008
ss. 70, 71	rep. No. 36, 2008
s. 72	am. No. 36, 2008
	rs No 62, 2014
s 73	am No 62, 2014
s 74	am No 62, 2014
s 75	am No 62, 2014
s 76	am No 62, 2014
s 77	am No 36, 2008; No 62, 2014
s 78	am No 62, 2014
s 79	am No 62, 2014
Div. 8 of Part 2	rep. No. 36, 2008
s. 80	am. No. 129, 1994; No. 120, 1997
	rep. No. 36, 2008
s. 81	am. No. 129, 1994
	rep. No. 36, 2008
s. 82	rep. No. 36, 2008
ss. 83, 84	am. No. 8, 2005
	rep. No. 36, 2008
ss. 85, 86	rep. No. 36, 2008
Division 9
s. 87	am. No. 50, 2000
	rs. No. 36, 2008; No 62, 2014
s. 88	am. No. 152, 1997
	rep. No. 36, 2008
	ad. No. 137, 2010
s. 88A	ad. No. 8, 2005
	rep. No. 36, 2008
s. 89	am. No. 36, 2008; No 62, 2014
s. 91	am. No. 120, 1997; No. 8, 2006
	am. No. 36, 2008; No 62, 2014
s. 92	am. No. 102, 1998
	rs. No. 36, 2008
	am. No. 17, 2013; No 62, 2014
s. 93	rs. No. 36, 2008
	am. No. 137, 2010; No. 17, 2013
s. 93A	ad. No. 104, 2007
	rep. No. 36, 2008
s. 94	rs. No. 36, 2008
s. 94A	ad. No. 36, 2008
	rep No 62, 2014
s 94B	ad No 36, 2008
	am No 62, 2014
s 94C	ad No 36, 2008
	am No 62, 2014
s 94D	ad No 36, 2008
s 94E	ad No 36, 2008
	am No 146, 2013; No 60, 2024
s 94F	ad No 62, 2014
Part 3
Division 3
s 102	am No 36, 2008
s 103	am No 46, 2011
Division 5
s 111	am No 36, 2008