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2016-2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
FISHERIES LEGISLATION AMENDMENT (REPRESENTATION) BILL 2017
EXPLANATORY MEMORANDUM
(Circulated by authority of the Deputy Prime Minister and
Minister for Agriculture and Water Resources
the Hon. Barnaby Joyce MP)
FISHERIES LEGISLATION AMENDMENT (REPRESENTATION) BILL 2017
GENERAL OUTLINE
The Fisheries Legislation Amendment (Representation) Bill 2017 (the Bill) amends the
Fisheries Management Act 1991 and the Fisheries Administration Act 1991 to strengthen the
engagement of recreational and Indigenous fishers in the management of Commonwealth
commercial fisheries and ensure that the interests of these stakeholder groups are
appropriately taken into account in Australian Government decision-making processes.
The Bill provides for explicit recognition of recreational and Indigenous fishers in
Commonwealth legislation. It requires the Australian Fisheries Management Authority
(AFMA), who is responsible for the management of Commonwealth commercial fisheries, to
have regard to ensuring that the interests of all fisheries users are taken into account in
Commonwealth fisheries management decisions. Other minor amendments in the Bill allow
for increased opportunities for membership of AFMA advisory bodies and extend the
eligibility criteria for serving on the AFMA Commission to include expertise in matters
relating to recreational and Indigenous fishing.
Recognition of Indigenous and recreational fishers is not currently explicit in Commonwealth
fisheries legislation, which primarily regulates commercial harvest of fish stock in
Commonwealth fisheries. As users of Commonwealth fisheries resources, it is important that
the interests of recreational and Indigenous fishers are considered in Commonwealth fisheries
management.
The Bill inserts an additional objective that will require AFMA, the Minister and
the Joint Authorities to have regard to ensuring that the interests of commercial, recreational
and Indigenous fishers are taken into account in the context of managing Commonwealth
commercial fisheries. The context will dictate whether they are or are not the only relevant
considerations to take into account.
The new objective will impose an obligation for AFMA to have regard to ensuring that the
interests of commercial, recreational and Indigenous fishers in the performance of its
functions. It will not alter AFMA's ability to pursue existing objectives, or to extend AFMA's
powers to regulate the recreational and Indigenous fishing sectors. AFMA will continue to
balance its pursuit and prioritisation of all the objectives, including the new objective, in
exercising its functions.
AFMA will continue to use the best available science and evidence to account for the
interests of all users in its management of Commonwealth commercial fisheries. Fisheries
management decisions will continue to be made using evidence based science and will be
enhanced by formalising and strengthening the representation of non-commercial fishers and
their interests on AFMA's advisory bodies.
OTHER MINOR AMENDMENTS
Increasing the maximum size of AFMA's Management Advisory Committees from seven to
ten (in addition to the Chair and the AFMA staff member) allows the management of
fisheries to be informed by a broader range of views. The current size restriction of seven
members has excluded relevant stakeholders from member status on a number of
Management Advisory Committees. However, maintaining a size of restriction
(of 10 members) will assist these committees to function effectively in providing the
independent AFMA Commission with advice. Requiring AFMA to try as far as practicable to
seek recreational fishing members that engage in or have experience in the fishery will
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increase opportunities for recreational fishing input via the Management Advisory
Committees. AFMA will continue to conduct public expressions of interest processes to
ensure each Management Advisory Committee has the appropriate mix of skills, knowledge
and experience to fulfil its role. AFMA will determine how many recreational fishing
members are required on a case by case basis.
Extending the eligibility criteria for serving on the Commission to include expertise relating
to recreational and Indigenous matters will enhance the capacity of the Commission to
respond to future challenges in fisheries management. The current requirement that
Commissioners cannot hold an executive position in a fishing industry association will be
extended to include representative organisations for recreational and Indigenous fishers to
ensure the independence of the Commission is not compromised.
Consultation on the Bill has taken place with AFMA, the Department of the Prime Minister
and Cabinet, the Department of Finance, the Australian Public Service Commission and the
Office of Parliamentary Counsel. The Commonwealth Fisheries Association, the Australian
Recreational Fishing Foundation, the Fisheries Research and Development Corporation's
Indigenous Reference Group and the Prime Minister's Indigenous Advisory Council were
also consulted on the amendments.
FINANCIAL IMPACT STATEMENT
There is no financial impact for the Commonwealth on the introduction of this Bill.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
FISHERIES LEGISLATION AMENDMENT (REPRESENTATION) BILL 2017
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights
(Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Fisheries Legislation Amendment (Representation) Bill 2017 amends the Fisheries
Management Act 1991 and the Fisheries Administration Act 1991 to strengthen the
engagement of recreational and Indigenous fishers in the management of Commonwealth
commercial fisheries and ensure that the interests of these stakeholder groups are
appropriately taken into account in Australian Government decision-making processes.
The Bill provides for explicit recognition of recreational and Indigenous fishers in
Commonwealth legislation. It requires the Australian Fisheries Management Authority
(AFMA) to have regard to ensuring that the interests of all fisheries users are taken into
account in Commonwealth fisheries management decisions. Other minor amendments in the
Bill allow for increased opportunities for membership of AFMA advisory bodies and extend
the eligibility criteria for serving on the Commission to include expertise in matters relating
to recreational and Indigenous fishing.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
The Hon. Barnaby Joyce MP, Deputy Prime Minister and
Minister for Agriculture and Water Resources
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FISHERIES LEGISLATION AMENDMENT (REPRESENTATION) BILL 2017
NOTES ON ITEMS
Clause 1: Short Title
Clause 1 is a formal provision specifying that the short title of the Act may be cited as the
Fisheries Legislation Amendment (Representation) Act 2017.
Clause 2: Commencement
Clause 2 provides that the whole Act will commence the day after the Act receives Royal
Assent.
Clause 3: Schedules
Clause 3 provides that legislation specified in a Schedule to this Act is amended or repealed
as set out in the applicable items in the Schedule concerned and that any other item in a
Schedule to this Act has effect according to its terms.
Schedule 1 - Amendments
Fisheries Administration Act 1991
Item 1 Section 6
Item 1 inserts (1) before 'the Authority'. This amendment accounts for the inclusion of an
additional subsection at the end of this section.
Item 2 At the end of section 6
Item 2 provides an additional objective that AFMA must have regard to ensuring that the
interests of commercial, recreational and Indigenous fishers are taken into account.
Item 3 Paragraph 12(3)(a)
Item 3 omits the words 'following fields' and substitutes 'following'. This amendment
accounts for inclusion of additional criteria in Item 4.
Item 4 After subparagraph 12(3)(a)(ii)
Item 4 provides for additional eligibility criteria of expertise in matters relating to
recreational or Indigenous fishing.
Item 5 Subparagraph 12(3)(a)(ix)
Item 5 omits the word 'fields' and substitutes 'matters'. This amendment accounts for the
change in eligibility criteria as described in Item 4 to extend beyond expertise in specific
fields.
Item 6 Subparagraph 12(3)(b)(i)
Item 6 provides restrictions on the appointment of commissioners who hold an executive
position in a fishing representative organisation (however described). This amendment
ensures consistency of restrictions imposed on executives of commercial and non-commercial
fishing organisations.
Item 7 Subsection 12(5)
Item 7 omits the word 'fields' and substitutes 'matters'. This amendment accounts for the
change in eligibility criteria to extend beyond expertise in specific fields.
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Item 8 Paragraph 60(1)(c)
Item 8 omits the word '7' and substitutes '10'. This amendment provides for the increase in
maximum size of management advisory committees from seven to 10 (in addition to the
Chair and the AFMA staff member).
Item 9 Subsection 62(3)
Item 9 repeals subsection 62(3) and replaces it with new text that requires AFMA to try as far
as practical to have memberships of commercial and recreational fishers on management
advisory committees.
Item 10 Application provisions
Item 10 provides for the changes in eligibility criteria for the appointment of commissioners
made on or after commencement of this item. It also provides for changes to the make-up of
management advisory committee (size and membership) to apply to committees established
on or after commencement of this item.
Fisheries Management Act 1991
Item 11 At the end of paragraph 3(2)(d)
Item 11 inserts an 'and' at the end of the paragraph. This provides for the inclusion of an
additional paragraph at the end of this section.
Item 12 After paragraph 3(2)(d)
Item 12 inserts an additional objective that AFMA, the minister and any Joint Authorities
established under the Act must have regard to ensuring that the interests of commercial,
recreational and Indigenous fishers are taken into account.
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