Commonwealth Numbered Regulations - Explanatory Statements

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FISHERIES MANAGEMENT AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 233

EXPLANATORY STATEMENT

STATUTORY RULES 2004 No. 233

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

Fisheries Management Act 1991

Fisheries Management Amendment Regulations 2004 (No. 2)

Subsection 168(1) of the Fisheries Management 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 to be prescribed, or necessary or convenient to be prescribed, in carrying out or giving effect to the Act.

With the commencement of the Fisheries Legislation Amendment (Compliance and Deterrence Measures and Other Matters) Act 2004 (the Amendment Act), section 106K of the Act will provide that the Fisheries Management Regulations 1992 (the Principal Regulations) may set out the principles to be applied to the determination of costs incurred by or on behalf of the Commonwealth, that are directly attributable to the conduct of pursuit activities in relation to foreign boats. Pursuit costs would be recovered from the owner of a foreign boat. The recovery of these pursuit costs is being introduced as a strong disincentive, as the costs of pursuit are escalating, due to the higher frequency of foreign boats illegally fishing in the Australian Fishing Zone.

The purpose of the proposed Regulations is to specify the principles for determining pursuit costs that are recoverable by the Commonwealth in relation to foreign boats as a deterrence measure. The proposed Regulations would establish how to determine when a pursuit begins and ends and the categories of costs that may be recovered. Examples are the cost of personnel involved in the pursuit, overtime, accommodation, relocation or travel costs, costs in relation to the use of boats or aircraft, including the costs of repair for any damage. Further examples are the costs of the use of services or equipment associated with surveillance, the costs of maintaining communication between agencies, as well as the costs of any ancillary services such as medical or legal.

Section 106K of the Act will be inserted as part of Schedule 1 to the Amendment Act, which is to commence by Proclamation in the near future. Details of the Regulations, which commence on the commencement of Schedule 1 to the Amendment Act, are set out below:

Regulation 1 provides for the Regulations to be cited as the Fisheries Management Amendment Regulations 2004 (No. 2).

Regulation 2 provides for the Regulations to commence on the commencement of Schedule 1 to the Amendment Act.

Regulation 3 provides for Schedule 1 to amend the principal Regulations.

Schedule 1 Item 1 inserts at the beginning of Part 4, Division 1 Recovery of pursuit costs and sets out in Regulation 10 all the principles for the determination of pursuit costs. It states when the pursuit is taken to have begun and ended and lists the categories of costs that may be recovered as a deterrence measure.


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