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FISHERIES MANAGEMENT ACT 1994


- As at 19 July 2023 
- Act 38 of 1994 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Definition of "fish"
   6.      Definition of "fishery"
   7.      Waters to which Act applies

   PART 1A - FISHERY MANAGEMENT STRATEGIES

   7A.     Definitions
   7B.     Declaration of designated fishing activities
   7C.     Fishery management strategy for designated activities
   7D.     Purpose of fishery management strategy
   7E.     Content of fishery management strategy
   7F.     Revision of draft strategy and publication of approved strategy following environmental assessment
   7G.     Management plan not to be made until completion of environmental assessment

   PART 2 - GENERAL FISHERIES MANAGEMENT

           Division 1 - Fishing closures

   8.      Closure of waters to fishing
   9.      Publication of notification of closures
   10.     Duration of closures
   11.     Amendment or revocation of closures
   12.     General provisions relating to closures
   13.     Regulations relating to closures
   14.     Offences relating to closures

           Division 2 - Offences relating to size, quantity and particular species of fish

   14A.    Definitions
   15.     Declaration of prohibited size fish
   16.     Prohibited size fish
   17.     Bag limits--taking of fish
   17A.    Bag limits--possession of fish
   17B.    How possession limits are imposed
   17C.    Ministerial order imposing possession limit
   18.     Offence of contravening possession limit
   18A.    Additional monetary penalty for bag limit offences involving priority species
   19.     Protected fish
   20.     Fish and waters protected from commercial fishing
   20A.    Fish and waters protected from recreational fishing
   20B.    Shark finning and related prohibitions
   21.     Defences

           Division 2A - Trafficking in fish

   21A.    Definitions
   21B.    Trafficking in fish
   21C.    Additional monetary penalty may be imposed

           Division 3 - Fishing gear

   22.     Registration of fishing gear
   23.     Regulations relating to fishing gear
   24.     Lawful use of nets or traps
   25.     Possession of illegal fishing gear

           Division 4 - (Repealed)
           None

           Division 4A - Recreational fishing fee

   34A.    Definitions
   34AA.   Purpose of fishing fees
   34B.    Recreational fishing fee
   34C.    Recreational fishers required to pay fishing fee
   34D.    Periods for which fishing fee payable
   34E.    Amount of fishing fee
   34F.    Reductions in fishing fee payable
   34G.    Issue of receipt on payment of fishing fee
   34H.    Arrangements for collection of fishing fees and issue of receipts
   34I.    Fishing fee exemption certificates
   34J.    Offences

           Division 4B - Acquisition of commercial fishing entitlements

   34K.    Purpose of Division
   34L.    Declaration by Minister of acquisition of entitlements
   34M.    Consultation on proposed acquisition declaration
   34N.    Termination of commercial fishing entitlements following declaration of acquisition
   34O.    Entitlement to compensation for acquired entitlements

           Division 4C - Fishing businesses

   34P.    Definitions
   34Q.    Fishing business determinations
   34R.    Allocation of fishing business number
   34S.    Register of fishing business determinations
   34T.    Fishing business transfer rules

           Division 5 - General

   35.     Possessing fish illegally taken
   36.     Defence for accidental etc taking of fish
   37.     Defence--special approval for research or other authorised purposes
   37AA.   Provisions relating to permits
   37A.    Defence--permits authorising sale of fish for charitable purposes
   38.     Right to fish in certain inland waters
   39.     Obstruction of recognised fishing grounds
   40.     Regulations relating to general management of fisheries

   PART 2A - FISHING DETERMINATIONS AND QUOTAS

           Division 1 - Fishing determinations generally

   40A.    Fishing determinations
   40B.    When fishing determinations are required to be made
   40C.    Who makes fishing determinations

           Division 2 - Fishing determinations by TAF Committee

   40D.    TAF Committee to make fishing determinations
   40E.    General considerations for TAF Committee
   40F.    Public consultation by TAF Committee
   40G.    Review of determinations by TAF Committee
   40H.    Publication and duration of determinations
   40I.    Interim fishing determinations by Secretary
   40J.    Revocation of fishing determinations
   40K.    TAF Committee not subject to Ministerial control

           Division 3 - Fishing determinations by Secretary

   40L.    Secretary to make fishing determinations
   40M.    Making of fishing determination by Secretary
   40N.    Publication and duration of determinations
   40O.    Amendment or revocation of fishing determination

           Division 4 - Allocation of commercial fishing determinations (quotas)

   40P.    Definitions
   40Q.    Allocation of fishing determination to commercial fishing authority holders
   40R.    Notice of allocation--quota
   40S.    Authority holder not to contravene quota
   40T.    Transfer of quota
   40U.    Method for transferring quota
   40V.    Forfeiture of quota--failure to pay fisheries management charge
   40W.    How forfeited quota is to be dealt with
   40X.    Implementation of determinations

           Division 5 - Allocation of non-commercial fishing determinations

   40Y.    Definition
   40Z.    Allocation of non-commercial fishing determination
   40ZA.   Implementation of non-commercial fishing determinations

   PART 3 - COMMERCIAL SHARE MANAGEMENT FISHERIES

           Division 1 - Overview

   41.     Staged implementation of share management fisheries
   41A.    (Repealed)

           Division 2 - Declaration of share management fisheries

   42.     Declaration of share management fisheries
   43.     Consultation with industry
   44.     Omission of share management fishery
   45.     Redefinition of share management fishery

           Division 2A - (Repealed)
           None

           Division 3 - Issue of shares

   46.     Invitation for shares
   47.     Application for shares
   48.     Provisional issue of shares to applicants
   49.     Who may hold shares
   50.     Method of determining eligibility and entitlement to shares
   51.     Catch history
   52.     Final issue of shares
   52A.    Shares subject to appeal

           Division 4 - Limited access to fishery after issue of shares

   53.     Commencement of limited access to fishery
   54.     Limiting access to shareholders etc before commencement of management plan
   55.     Fishery that is existing restricted fishery

           Division 4A - Redefinition proposals

   55A.    Minister may put forward redefinition proposal
   55B.    Notice of redefinition proposal
   55C.    Shareholders who are affected by a redefinition proposal
   55D.    Poll on redefinition proposal
   55E.    Outcome of poll
   55F.    Power to implement redefinition proposal that has majority support
   55G.    Power to redefine fishery with shareholder support

           Division 5 - Management plans

   56.     Preparation of draft management plan
   57.     Content of management plan
   57A.    Supporting plan
   58.     Public and industry consultation
   59.     (Repealed)
   60.     Making of plan by regulation
   61.     Commencement of management plan or supporting plan
   62.     Plan prevails over other regulations
   63.     Fisheries reviews--new plan
   64.     Amendment of plan
   65.     Contravention of plan

           Division 6 - Fishing and other shareholding rights

   66.     Who may fish in share management fisheries
   67.     Minimum shareholding required to fish
   68.     Endorsements on licences
   69.     Nomination of commercial fisher by holder of shares
   70.     Special endorsements to take fish in share management fishery
   71.     Transfer and other dealings in shares
   71A.    Issue of further classes of shares in fishery
   72.     Maximum shareholding permitted
   73.     Duration of shareholding
   73A.    (Repealed)
   74.     Surrender of shares
   75.     Forfeiture of shares for certain contraventions of Act
   75A.    Payment for fish taken in contravention of quota or forfeiture of shares
   75B.    How forfeited shares are to be dealt with

           Division 7 - Management charges and community contributions

   76.     Management charges
   77.     Community contribution for access to share management fishery
   77A.    (Repealed)

           Division 8 - (Repealed)
           None

           Division 9 - Share Management Fisheries Appeal Panel

   82.     Establishment of Panel
   83.     Composition and procedure of Panel
   84.     Making of appeals
   85.     Hearing and determination of appeals
   86.     Procedure at appeals
   87.     Power to summon witnesses and take evidence
   88.     Power to obtain documents

           Division 10 - Share Management Fisheries Register

   88A.    Definitions
   89.     Establishment and keeping of Share Register
   90.     Registration of shares
   91.     Registration of dealings in shares
   91A.    Online registration of dealings
   91B.    Paper-based registration of dealings
   92.     Trusts not registrable
   93.     Power of holder to deal with shares
   94.     Surrender of shares to be noted in Share Register
   95.     Cancellation or forfeiture of shares to be noted in Share Register
   96.     Secretary not concerned as to the effect of documents lodged for registration
   97.     Inspection of Share Register and registered documents
   98.     Evidentiary provisions
   99.     Correction of Share Register
   100.    Exculpation for liability for anything done under this Division
   101.    Offences under the Division

   PART 4 - LICENSING AND OTHER COMMERCIAL FISHERIES MANAGEMENT

           Division 1 - Commercial fishing licences

   102.    Commercial fishers required to be licensed
   103.    Who may hold licence
   104.    Provisions relating to licensing of commercial fishers
   105.    Evidentiary provision
   106.    Use of crew members

           Division 2 - Fishing boat licences

   107.    Licence required to use boat for declared commercial fishing boat activities
   107A.   Offence of engaging in unlicensed activity
   107B.   Fishing boat licences
   108.    Provisions relating to fishing boat licences
   109.    Boat marking requirements for fishing boats (including boats exempt from licensing)
   110.    Evidentiary provision

           Division 3 - Exploratory, developmental and other restricted fisheries

   111.    Declaration of restricted fisheries
   112.    Commercial fishing licence to be endorsed for restricted fishery
   113.    Restriction on the number of licences endorsed for restricted fishery
   114.    Endorsements not transferable
   115.    Compensation not payable
   115A.   Payment of contribution to industry costs
   116.    Other regulations

           Division 4 - Fish receivers

   117.    Fish receiver to be registered
   118.    Provisions relating to registration
   119.    Fish receiver to supply information
   120.    Evidentiary provision

           Division 5 - Fish records

   121.    Records to be made by commercial fishers
   122.    Records to be made by employers of commercial fishers
   122A.   Records to be made by fish receivers
   123.    Records to be made by sellers
   123A.   Records of possession of fish
   124.    False records

           Division 5A - Fishing reports

   124A.   Real time reporting
   124B.   False reports

           Division 6 - Administrative reviews by Civil and Administrative Tribunal

   125.    Definition of "relevant authority"
   126.    Applications to Civil and Administrative Tribunal for administrative reviews of certain decisions

   PART 4A - CHARTER FISHING MANAGEMENT

           Division 1 - Preliminary

   127.    Definitions
   127A.   Meaning of charter fishing boat
   127AA.  Guided non-motorised activity
   127AB.  Seats available for use in charter fishing activities

           Division 2 - Charter fishing licences

   127B.   Certain charter fishing activities require licence
   127C.   Offence for providing unauthorised charter fishing activity
   127CA.  Responsible person to ensure charter fishing activity is authorised by licence
   127CB.  Provisions relating to charter fishing licences
   127CC.  Applications for charter fishing licences
   127D.   Annual contribution to industry costs
   127E.   Charter fishing boat operators to make records of fishing activities
   127EA.  Records of recreational fishing activities--licence holders
   127EB.  False records
   127F.   Appeal rights

           Division 3 - Charter fishing businesses and transfer rules

   127G.    Charter fishing business determinations
   127H.   Allocation of charter fishing business number
   127I.   Register of charter fishing business determinations
   127J.   Charter fishing business transfer rules
   127K.   Method for transferring charter fishing businesses and their components

   PART 5 - CO-OPERATION WITH COMMONWEALTH AND OTHER STATES IN FISHERIES MANAGEMENT

           Division 1 - Preliminary

   128.    Definitions

           Division 2 - Joint Authorities

   129.    Powers and functions of Minister
   130.    Judicial notice
   131.    Functions of Joint Authority
   132.    Delegation
   133.    Procedure of Joint Authorities
   134.    Report of Joint Authority

           Division 3 - Arrangements with respect to the management of particular fisheries

   135.    Arrangement for management of certain fisheries
   136.    Application of this Act to fisheries in accordance with arrangements
   137.    Functions of Joint Authority
   138.    Joint Authority to exercise certain powers instead of Minister
   139.    Application of certain provisions relating to offences
   140.    Presumption relating to certain statements
   141.    Regulations

           Division 4 - State agreements

   141A.   Power to enter into agreements
   141B.   Functions under agreements

   PART 6 - AQUACULTURE MANAGEMENT

           Division 1 - Preliminary

   142.    Definitions
   143.    Aquaculture industry development plans

           Division 2 - Aquaculture permits

   144.    Aquaculture prohibited except in accordance with a permit
   145.    Applications for permits
   146.    Issue or refusal of permit
   147.    Permit to specify area and type of aquaculture
   148.    Variation of permits
   149.    Authority to take fish
   150.    Inconsistency with lease
   151.    Duration of permits
   152.    Conditions of permits
   153.    Holder of permit to provide information to the Minister
   154.    Register of permits
   155.    Change in particulars to be notified
   156.    Annual contribution to cost of administration or research or to other industry costs
   157.    Annual contributions to be held in trust accounts
   157A.   Minister may appoint advisory council as committee
   158.    Overdue contribution
   159.    Power to cancel or suspend a permit without a hearing
   160.    Power to cancel or suspend a permit after a hearing
   161.    Power to declare person to be a disqualified person for the purposes of this Part
   162.    Permit area to be maintained in tidy condition

           Division 3 - Leases of public water land for aquaculture

   163.    Grant of aquaculture lease
   164.    Rights conferred by lease
   165.    Lease rentals
   166.    Overdue rental
   167.    Renewal of lease
   168.    Preferential rights
   169.    Survey of leased area
   170.    Lessee may fence leased area in certain cases
   171.    Improvements on an expired lease
   172.    Subletting with Minister's consent
   173.    Transfer with Minister's consent
   174.    Surrender of lease
   175.    Minister can determine access way
   176.    Power to withdraw land from lease
   177.    Power of Minister to cancel leases in certain cases
   178.    Areas of public water land may be excluded from leasing
   179.    Protection of leased areas
   180.    Leased area under Real Property Act 1900

           Division 4 - (Repealed)
           None

           Division 5 - Miscellaneous provisions

   188.    Minister may order restoration work to be carried out in relation to illegal operations on aquaculture farm
   189.    When aquaculture operations can be closed
   190.    Special provisions relating to oysters on public water or other land
   191.    Regulations

   PART 7 - PROTECTION OF AQUATIC HABITATS

           Division 1 - Habitat protection plans

   192.    Preparation of habitat protection plans
   193.    Implementation of habitat protection plans

           Division 2 - (Repealed)
           None

           Division 3 - Dredging and reclamation

   198.    Objects of Division
   198A.   Definitions
   198B.   Application of Division
   199.    Circumstances in which a public authority (other than local authority) may carry out dredging or reclamation
   200.    Circumstances in which a local government authority may carry out dredging or reclamation
   201.    Circumstances in which a person (other than a public or local government authority) may carry out dredging or reclamation
   202.    Appeal to the Land and Environment Court
   203.    Minister may order carrying out of certain work

           Division 4 - Protection of mangroves and certain other marine vegetation

   204.    Application and interpretation
   204A.   Marine vegetation protected from any harvesting or other harm
   204B.   Marine vegetation protected from any commercial harvesting
   205.    Marine vegetation--regulation of harm
   205A.   Exemptions
   205B.   Activities harmful to marine vegetation

           Division 5 - Protection of spawning of salmon, trout and certain other fish

   206.    Protection of spawning areas of salmon, trout and certain other fish
   207.    Prohibition on taking or disturbing salmon, trout and certain other fish while spawning
   208.    Defence for authorised activities

           Division 6 - (Repealed)
           None

           Division 7 - Protection of fish and marine vegetation from disease

   215.    Purposes of Division
   216.    Releasing live fish into waters prohibited
   217.    Importation of live exotic fish
   217A.   Importation of live exotic marine vegetation

           Division 8 - Miscellaneous provisions

   218.    Fishways to be provided in construction of dams and weirs
   219.    Passage of fish not to be blocked
   220.    Provisions relating to permits under this Part
   220AA.  Secretary may make stop work order

   PART 7A - THREATENED SPECIES CONSERVATION

           Division 1 - Preliminary

   220A.   Objects of Part
   220B.   Definitions
   220BA.  (Repealed)

           Division 2 - Listing of threatened species, populations and ecological communities and key threatening processes

              Subdivision 1 - Listing

   220C.   Lists
   220D.   Amendment of lists
   220E.   Identification of nationally threatened species and ecological communities
   220F.   Eligibility for listing of species
   220FA.  Listing of populations
   220FB.  Listing of ecological communities
   220FC.  Threatening processes eligible for listing as key threatening processes
   220FD.  Regulations prescribing criteria under this Part

              Subdivision 2 - Procedure for listing

   220G.   Fisheries Scientific Committee responsible for lists
   220H.   Who may initiate action for listing
   220I.   How nominations made
   220IA.  Referral of nomination to Threatened Species Scientific Committee
   220J.   Consideration of nomination by Fisheries Scientific Committee
   220K.   Notification and consultation with respect to proposed determination of Fisheries Scientific Committee
   220L.   Fisheries Scientific Committee's final determination
   220M.   Minister's response to proposed final determination
   220MA.  Publication of final determination
   220N.   Provisional listing
   220NA.  Lists to be kept under review
   220O.   Protection measures apart from listing

           Division 3 - Critical habitat of endangered species, populations and ecological communities and critically endangered species and ecological communities

   220P.   Habitat eligible to be declared critical habitat
   220Q.   Identification of critical habitat
   220R.   Publication of preliminary identification and consultation with other Ministers
   220S.   Matters to which Minister to have regard in declaring critical habitat
   220T.   Declaration of critical habitat by Minister
   220U.   Amendment or revocation of declaration of critical habitat
   220V.   Public authorities to have regard to critical habitat
   220W.   Maps of critical habitat
   220X.   Minister to keep register of critical habitat
   220Y.   Discretion not to disclose location of critical habitat
   220Z.   Effect of failure to comply with procedural requirements

           Division 4 - Offences

   220ZA.  Harming threatened species, populations or ecological communities
   220ZB.  Buying, selling or possessing threatened species
   220ZC.  Damage to critical habitat
   220ZD.  Damage to habitat of threatened species, population or ecological community
   220ZE.  Regulations may prohibit certain actions
   220ZF.  Defences
   220ZFA. Further defences
   220ZFB. Defences relating to joint management agreements
   220ZG.  Court may order offender to mitigate damage or restore habitat
   220ZGA. Community service work

           Division 4A - Interfering with fish of threatened species

   220ZGB. Interfering with fish of threatened species

           Division 5 - Recovery plans and threat abatement plans

   220ZH.  Application of Division
   220ZI.  Secretary to prepare recovery plans for threatened species, populations and ecological communities
   220ZJ.  Secretary to prepare threat abatement plans
   220ZJA. (Repealed)
   220ZK.  Priorities for recovery or threat abatement plans
   220ZL.  (Repealed)
   220ZM.  Guidelines for recovery or threat abatement plans
   220ZN.  Contents of recovery or threat abatement plans
   220ZO.  Public and other consultation concerning draft recovery or threat abatement plan
   220ZP.  Approval of recovery or threat abatement plan by Minister
   220ZQ.  Recovery and threat abatement plans to be published
   220ZR.  Review of recovery and threat abatement plans
   220ZS.  Ministers and public authorities to implement recovery and threat abatement plans
   220ZT.  Public authorities to report on implementation of recovery and threat abatement plans
   220ZU.  Notification of, and consultation concerning, proposed departures from recovery or threat abatement plan
   220ZV.  Reference of matters concerning departures to Ministers and Premier for settlement

           Division 5A - Threatened Species Priorities Action Statements

   220ZVA. What the Statement provides for
   220ZVB. Secretary to prepare and adopt Priorities Action Statement
   220ZVC. Public consultation on draft statement or amendments
   220ZVD. Consideration of submissions by Secretary
   220ZVE. Review to include report on achievements

           Division 6 - Licensing and Ministerial orders

              Subdivision 1 - Grant of licences

   220ZW.  Licence to harm threatened species, population or ecological community or damage habitat
   220ZX.  Application for licence
   220ZY.  Payment of licence processing fee
   220ZZ.  Significant effect on threatened species, populations or ecological communities, or their habitats
   220ZZA. Assessment guidelines
   221.    Publication of licence application
   221A.   Matters that Secretary must take into account
   221B.   Determination of licence application
   221C.   Deemed approval
   221D.   Conditions and restrictions to licence
   221E.   Proposed variation of licence to be publicly notified
   221F.   Notification of licence determination
   221G.   Cancellation of licence
   221H.   Secretary to keep register of licences
   221I.   Appeal by applicant or person commenting on licence application

              Subdivision 1A - Ministerial orders

   221IA.  Ministerial order to permit harm to threatened species etc
   221IB.  Minor amendments
   221IC.  Species impact statement
   221ID.  Public consultation
   221IE.  Matters that Minister must take into account
   221IF.  Making an order
   221IG.  Interim orders
   221IH.  Secretary to keep register of orders
   221II.  Revocation of an order
   221IJ.  Breaching conditions or restrictions
   221IK.  (Repealed)

              Subdivision 2 - Species impact statements

   221J.   Form of species impact statements
   221K.   Content of species impact statement
   221L.   Secretary's requirements
   221M.   Regulations
   221N.   Secretary may accredit persons to prepare assessments of species impact statements
   221NA.  Regulations

           Division 7 - Stop work orders

   221O.   Secretary may make stop work order
   221P.   Prior notification of making of stop work order not required
   221Q.   Appeal to Minister
   221R.   Extension of stop work order
   221S.   Consultation about modification of proposed detrimental action
   221T.   Recommendations for further protective measures
   221U.   Stop work order prevails over other instruments

           Division 8 - Joint management agreements

   221V.   Joint management agreements
   221W.   Contents of joint management agreements
   221X.   Publication of draft joint management agreement
   221Y.   Role of Fisheries Scientific Committee
   221Z.   Consideration of submissions by Minister

           Division 9 - Fisheries Scientific Committee

   221ZA.  Establishment of Fisheries Scientific Committee
   221ZB.  Functions of Fisheries Scientific Committee
   221ZC.  Members of Fisheries Scientific Committee
   221ZD.  Fisheries Scientific Committee not subject to Ministerial control
   221ZE.  Provisions relating to members and procedure of Fisheries Scientific Committee
           Divisions 10, 11 - (Repealed)
           None

           Division 12 - Application of Planning Act

   221ZT.  Application of Division
   221ZU.  Definitions
   221ZV.  Determination of whether proposed development or activity likely to significantly affect threatened species, population or ecological community
   221ZW.  When species impact statement required for development consent under Part 4 of Planning Act
   221ZX.  Significant effect on environment requiring EIS includes significant effect on threatened species, populations and ecological communities for purposes of Part 5 of Planning Act
   221ZY.  Consultation with Minister for Primary Industries if a Minister is consent authority under Part 4 or determining authority under Part 5 of Planning Act
   221ZZ.  Concurrence of or consultation with Fisheries Agency Head if a Minister is not consent authority under Part 4 or determining authority under Part 5 of Planning Act
   221ZZA. Regulations relating to amendments of threatened species etc lists

   PART 8 - ADMINISTRATION

           Division 1 - The Minister and Secretary

   222A.   Minister and Secretary to administer Act in accordance with its objects
   222B.   Fisheries Administration Ministerial Corporation
   223.    Minister may acquire land
   224.    Acquisition of land for purposes of a future lease grant
   225.    Minister may carry out or assist research
   226.    Minister may accept gifts etc
   227.    Delegation by Minister
   228.    Delegation by Secretary

           Division 1A - (Repealed)
           None

           Division 2 - Advisory bodies

   229.    Ministerial advisory bodies
   230.    Advisory groups
   231.    Regulations

           Division 3 - Special fisheries trust funds

   232.    Definitions
   233.    Establishment of trust funds
   234.    Recreational Fishing (Freshwater) Trust Fund
   235.    Recreational Fishing (Saltwater) Trust Fund
   236.    Commercial Fishing Trust Fund
   236A.   Charter Fishing Trust Fund
   237.    Fish Conservation Trust Fund
   237A.   Aboriginal Fishing Trust Fund
   237B.   Aboriginal fishing assistance programs
   237C.   Rural Assistance Authority may administer Aboriginal fishing assistance program
   237D.   Special exemptions for Aboriginal fishing assistance programs
   238.    Aquaculture Trust Fund
   238A.   General provisions relating to consultation on expenditure from trust funds
   238B.   Use of money in trust funds for environmental assessment and related expenses
   238C.   Use of money in trust funds for species impact statements
   239.    Report to Parliament on use of trust funds
   239A.   Investment of money in trust funds
   239B.   Separate accounting for research

   PART 9 - ENFORCEMENT

           Division 1 - Preliminary

   240.    Definitions
   241.    Engaging in commercial fishing activities
   242.    Construction of powers of search, seizure and related powers
   242A.   Access to information by fisheries officers

           Division 2 - Appointment of fisheries officers

   243.    Appointment of fisheries officers by Minister
   244.    Police officers to be fisheries officers
   245.    Fisheries officers to have instruments of authority
   246.    Production of instruments of authority
   247.    Obstructing, impersonating etc fisheries officers

           Division 3 - Powers of entry, search etc of fisheries officers

   248.    Power to board and search boats
   249.    Power to require gear to be removed from water
   250.    Power to enter and search premises
   251.    Power to detain and search vehicles
   252.    Entry into waters, and along banks etc
   253.    Entry into and examination of aquaculture farms
   254.    Entry into residential premises
   255.    Power to examine fishing gear or other equipment
   255A.   Other power to search for or examine things
   256.    Production of records relating to commercial fishing activities and fish receivers
   257.    Power to require production of fishing authority
   258.    Power to require information
   258A.   Special power to require information--Parts 7 and 7A
   258B.   Provisions relating to requirements to provide information or answer questions
   259.    (Repealed)
   260.    Issue of search warrants
   261.    Hot pursuit
   262.    Power of arrest
   263.    Care to be taken

           Division 4 - Seizure

   264.    Seizure of things (other than boats and motor vehicles) connected with fisheries offence
   265.    Seizure of boats and motor vehicles
   266.    Seizure of fishing gear and other things (other than boats, motor vehicles or fish)
   267.    Seizure of fish
   268.    Reasonable cause for seizure a bar to action
   269.    Forfeiture of boats and motor vehicles by order of court
   270.    Return of boat or motor vehicle if relevant offence proceedings not taken
   271.    Conviction to operate as forfeiture of things (other than boats and motor vehicles)
   272.    Forfeiture of things (other than boats and motor vehicles) where no relevant offence proceedings taken
   273.    Return of things seized
   274.    Disposal of perishable things
   275.    Forfeited things to become the property of the State

           Division 4A - Compliance audits

   275A.   Application of Division
   275B.   Nature of compliance audit
   275C.   Accreditation and regulation of compliance auditors
   275D.   Minister may require compliance audits by imposition of conditions on fishing authority
   275E.   Provisions relating to conditions for compliance audits
   275F.   Certification of audit report
   275G.   Offences
   275H.   Self-incriminatory information not exempt
   275I.   Use of information

           Division 4B - Scientific observer program

   275J.   Definitions
   275K.   Scientific observer program
   275L.   Appointment of scientific observers by Minister
   275M.   Authority to observe relevant fishing activities
   275N.   Power conferred by observation authority
   275O.   Ancillary powers
   275P.   Scientific observer to exercise care
   275Q.   Production of instruments of authority
   275R.   Failure to comply with requirement of scientific observer
   275S.   Information provided to scientific observer is protected
   275T.   Obstructing, impersonating etc scientific observers

           Division 5 - Criminal proceedings

   276.    Penalty notices
   277.    Nature of proceedings for offences
   278.    Time within which proceedings may be commenced
   279.    Offences by corporations
   279A.   Duty of master of boat to prevent contraventions of Act
   280.    Evidence relating to fishing authorities
   281.    Proof of lawful or reasonable excuse
   281A.   Record to be kept of instruments published on website

           Division 6 - Civil enforcement

   282.    Restraint of breaches of Act
   282A.   Enforcement of environmental assessment and management planning requirements

           Division 7 - Prohibition orders

   282B.   Definitions
   282C.   Prohibition orders may be made against repeat offenders
   282D.   Provisions relating to making of prohibition order
   282E.   Duration, variation and revocation of prohibition order
   282F.   Appeal
   282G.   Offence of contravening order

           Division 8 - Restoration orders and other actions

   282H.   Definitions
   282I.   Power of Minister to make restoration order
   282J.   Power of court to make restoration order
   282K.   Community service work in respect of serious fisheries offences

   PART 10 - MISCELLANEOUS

   283.    Annual reporting
   283A.   Disclosure of information
   284.    Public consultation procedure
   284A.   Other consultation requirements
   285.    Notes in the text
   286.    Act binds Crown
   286A.   Certain licences, leases, permits and other rights not personal property under Personal Property Securities Act 2009 (Cth)
   287.    Native title rights and interests
   288.    Service of instruments
   288AA.  Use of agents
   288A.   Service of documents on native title holders
   288B.   Waiver, postponement or refund of fees, charges and contributions
   288C.   Recovery of money
   288D.   False and misleading information
   289.    Regulations
   290.    Review of Act
   291.    Savings, transitional and other provisions
   292.    (Repealed)
           SCHEDULE 1
           SCHEDULE 1A
           SCHEDULE 1AA
           SCHEDULE 1B
           SCHEDULE 1C
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 6A
           Schedule 6D (Repealed)
           SCHEDULE 7
           Schedule 8 (Repealed)


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