Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES (ADMINISTRATION) AMENDMENT REGULATIONS 2006 (NO. 1) (SLI NO 233 OF 2006)

EXPLANATORY STATEMENT

Select Legislative Instrument 2006 No. 233

Issued by the authority of the Minister for Fisheries, Forestry and Conservation

Fisheries Administration Act 1991

Fisheries (Administration) Amendment Regulations 2006 (No. 1)

 

Section 114 of the Fisheries Administration Act 1991 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act or necessary or convenient to be prescribed in carrying out or giving effect to the Act.

 

Subsection 4(1) of the Act provides for a peak industry body to be prescribed which is representative generally of persons engaged in the fishing industry. This body has a number of roles and responsibilities under the Act.

 

Regulation 3 of the Fisheries (Administration) Regulations 1992 (the Principal Regulations) currently prescribes the Australian Seafood Industry Council (ASIC) as the peak industry body for the purpose of subsection 4(1) of the Act. However, ASIC went into liquidation in July 2006 and is in the process of being wound up. The Australian Government considers it important to have a peak industry body to consult with regarding Commonwealth fisheries management.

 

The Regulations prescribe the Commonwealth Fisheries Association (CFA) as the peak industry body for the purposes of the Act and the Fisheries Management Act 1991, which contains references to the peak industry body within the meaning of the Act.

 

Peak Industry Body

 

The CFA is considered to be the most representative body for Commonwealth fishery entitlement holders. The Regulations also reflect existing operational realities. The CFA was a member of ASIC, was responsible for coordinating ASIC’s views with regard to Commonwealth fisheries management and has already taken over the majority of ASIC’s roles in representing the interests of members of the Commonwealth fishing industry.

 

Regulation Impact Statement

 

The Office of Regulation Review has advised that a Regulation Impact Statement was not required (ID8589) as the Regulations are of a minor nature and do not substantially alter existing arrangements.

 


Consultation

 

The Department of Agriculture, Fisheries and Forestry wrote to key industry groups advising them of the proposed change and inviting their views on the amendments. General support from industry was attained during this consultation process and no negative feedback was received. Support for the Regulations was also received from the Australian Fisheries Management Authority during the consultation phase.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

Details of the Regulations are set out below:

Regulation 1 provides for the Regulations to be cited as the Fisheries (Administration) Amendment Regulations 2006 (No. 1).

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 provides that Schedule 1 amends the Fisheries (Administration) Regulations 1992.

Schedule 1 - Amendment

Item 1 removes the Australian Seafood Industry Council Limited as the peak industry body in regulation 3 and replaces it with the Commonwealth Fisheries Association.


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