Fisheries Management Amendment Regulations 2009 (No. 1)1
Select Legislative Instrument 2009 No. 90
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Fisheries Management Act 1991.
Dated 4 June 2009
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
TONY BURKE
Minister for Agriculture, Fisheries and Forestry
1              Name of Regulations
                These Regulations are the Fisheries Management Amendment Regulations 2009 (No. 1).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Fisheries Management Regulations 1992
                Schedule 1 amends the Fisheries Management Regulations 1992.
Schedule 1        Amendments
(regulation 3)
  
[1]           Subregulation 3 (1), definition of approved logbook
omit
[2]           Subregulation 3 (1), definition of coast radio station
omit
Australia and Overseas Telecommunications Corporation.
insert
Australian and Overseas Telecommunications Corporation.
[3]           Subregulation 3 (1), definition of logbook
omit
[4]           Subregulation 3 (1), definition of relevant offence
substitute
relevant offence means an offence against section 93 or 95 of the Act.
[5]           Part 9
substitute
Part 9                 References to areas of the AFZ
31            References to areas of the AFZ
                For paragraph 168 (2) (p) of the Act, an area of the AFZ referred to in column 2 of an item in Schedule 3 may be described using the short method of reference set out in column 3 of the item.
[6]           Regulations 52 and 53
substitute
52            Application of Division
                This Division applies to the holder of a fishing concession (the holder) that:
                (a)    in the case of a fishing permit or foreign fishing licence — authorises the use of a boat for fishing in Victorian waters; or
               (b)    in the case of a statutory fishing right — includes the right to take fish in Victorian waters.
53            Holder of fishing concession not to exceed catch limits
                For paragraph 14 (1) (a) of the Act, the holder must not take a quantity of fish that exceeds a catch limit set out in this Division.
Penalty:   25 penalty units.
53A         Meaning of where fish are taken
                For paragraph 14 (1) (a) of the Act, if the holder lands fish that are mentioned in this Division at a place on or within the coastline of Victoria, the holder is taken to have taken the fish in Victorian waters.
[7]           Regulations 57 and 58
substitute
57            Application of Division
                This Division applies to the holder of a fishing concession (the holder) that:
                (a)    in the case of a fishing permit or foreign fishing licence — authorises the use of a boat for fishing in South Australian waters; or
               (b)    in the case of a statutory fishing right — includes the right to take fish in South Australian waters.
58            Holder of fishing concession not to exceed catch limits
                For paragraph 14 (1) (a) of the Act, the holder must not take a quantity of fish that exceeds a catch limit set out in this Division.
Penalty:   25 penalty units.
58A         Meaning of where fish are taken 
                For paragraph 14 (1) (a) of the Act, if the holder lands fish that are mentioned in this Division at a place on or within the coastline of South Australia, the holder is taken to have taken the fish in South Australian waters.
[8]           Regulations 62 and 63
substitute
62            Application of Division
                This Division applies to the holder of a fishing concession (the holder) that:
                (a)    in the case of a fishing permit or foreign fishing licence — authorises the use of a boat for fishing in Tasmanian waters; or
               (b)    in the case of a statutory fishing right — includes the right to take fish in Tasmanian waters.
63            Holder of fishing concession not to exceed catch limits
                For paragraph 14 (1) (a) of the Act, the holder must not take a quantity of fish that exceeds a catch limit set out in this Division.
Penalty:   25 penalty units.
63A         Meaning of where fish are taken
                For paragraph 14 (1) (a) of the Act, if the holder lands fish that are mentioned in this Division at a place on or within the coastline of Tasmania, the holder is taken to have taken the fish in Tasmanian waters.
[9]           Schedule 3, heading
substitute
Schedule 3        Short methods of reference to areas of the AFZ
(regulation 31)
[10]         Schedule 6, heading
substitute
Schedule 6        Catch limits — Victorian, South Australian and Tasmanian waters
(regulations 47, 54, 55, 56, 59, 60, 61, 64, 65, 66 and 67)
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.