Fisheries Legislation Amendment (Representation) Act 2017

No. 123, 2017

An Act to amend the law relating to fisheries, and for related purposes

Contents

1 Short title 1

2 Commencement 2

3 Schedules 2

Schedule 1—Amendments 3

Fisheries Administration Act 1991 3

Fisheries Management Act 1991 4

An Act to amend the law relating to fisheries, and for related purposes

[Assented to 6 November 2017]

The Parliament of Australia enacts:
1 Short title

This Act is the Fisheries Legislation Amendment (Representation) Act 2017.
2 Commencement 1

Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information Commencement information Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this Act The day after this Act receives the Royal Assent. 7 November 2017

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 2

Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Amendments

Fisheries Administration Act 1991

 1 Section 6

Before “The Authority”, insert “(1)”.

 2 At the end of section 6

Add:

 2

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.

 3 Paragraph 12(3)(a)

Omit “following fields”, substitute “following”.

 4 After subparagraph 12(3)(a)(ii)

Insert:

 iia

matters relating to recreational or Indigenous fishing;

 5 Subparagraph 12(3)(a)(ix)

Omit “fields”, substitute “matters”.

 6 Subparagraph 12(3)(b)(i)

After “(however described)”, insert “or in a fishing representative organisation (however described)”.

 7 Subsection 12(5)

Omit “fields”, substitute “matters”.

 8 Paragraph 60(1)(c)

Omit “7”, substitute “10”.

 9 Subsection 62(3)

Repeal the subsection, substitute:

 3

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

 a

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

 b

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

 10 Application provisions 1

(1) The amendments of Fisheries Administration Act 1991 made by this Schedule apply in relation to an appointment made on or after the commencement of this item.section 12 of the

2

(2) The amendments of sections 60 and 62 of the Fisheries Administration Act 1991 made by this Schedule apply in relation to a management advisory committee established on or after the commencement of this item.

Fisheries Management Act 1991

 11 At the end of paragraph 3(2)(d)

Add “and”.

 12 After paragraph 3(2)(d)

Insert:

[Minister’s second reading speech made in—

Senate on 8 February 2017

House of Representatives on 24 October 2017]

(2/17)

 e

ensuring that the interests of commercial, recreational and Indigenous fishers are taken into account;