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2002-2003-2004
THE PARLIAMENT
OF THE COMMONWEALTH OF AUSTRALIA
THE
SENATE
FISHERIES (VALIDATION OF PLANS OF MANAGEMENT)
BILL 2004
EXPLANATORY
MEMORANDUM
(Circulated by authority of Senator the Hon Ian
Macdonald, Minister for Fisheries, Forestry and
Conservation)
1.2. The Bill addresses a potential argument that there may have been an
inconsistency in the process by which plans of management were determined,
amended or revoked before July 2003 by the Managing Director or the Acting
Managing Director of AFMA. This potential inconsistency means that there is a
small, residual legal risk that the validity of the plans could be challenged.
1.3. The Australian Government believes the plans, and all things done
under or for the purposes of the plans, are valid. Whilst the risk of a
successful challenge to any plan of management is slight, it is important for
industry that these plans are certain and are placed beyond this
risk.
1.4. The Bill will ensure there is no scope for uncertainty about
the status of plans of management.
1.5. The Bill was developed in
consultation with relevant Australian Government agencies (including AFMA, the
Australian Government Department of Agriculture, Fisheries and Forestry and the
Australian Government Solicitor).
1.6. The Bill will have no financial impact on the fishing industry. The Bill simply affirms the current arrangements that have been in operation for a number of years. The only cost to the Australian Government is the usual costs of developing and implementing the legislation.
2.1. Clause 1 is a formal provision specifying the short title of the Bill.
The Act will be called the Fisheries (Validation of Plans of Management) Act
2004.
2.2. Clause 2 provides for the commencement of the Bill. The Bill will
commence on the day on which it receives the Royal Assent.
2.3. Clause 3(2) provides that a plan of management determined, or purported to have been determined, by the Managing Director, or acting Managing Director of the Australian Fisheries Management Authority (AFMA) under section 17 of the Fisheries Management Act 1991 (the Act) has effect, and is taken always to have had effect, as if it had been determined by AFMA. This is to confirm that these plans are valid and current Commonwealth fisheries management arrangements are certain.
2.4. Clause 3(3) provides that any amendment or revocation of such a plan
made by the Managing Director, or acting Managing Director, of AFMA under
section 20 of the Act has effect, and is taken always to have had effect,
as if it had been made by AFMA. This is to confirm that any change made to a
plan of management is also valid and current Commonwealth fisheries management
arrangements are certain.
2.5. Clause 3(4) provides that anything done
under or for the purposes of a plan of management that has been made or amended,
is as valid, and is taken always to have been as valid, as it would have been if
the plan had been determined, and the amendment had been made, by AFMA. This is
to confirm that current Commonwealth fisheries management arrangements
underpinning the plans of management, such as regulations, are valid and are
certain.