Commonwealth Consolidated Acts

FISHERIES ADMINISTRATION ACT 1991 - SECT 7

             (1)  The Authority has the following functions:

                     (a)  to devise management regimes in relation to Australian fisheries;

                    (aa)  to devise and implement management regimes that:

                              (i)  relate to fishing for fish stocks in relation to which Australia has obligations under international agreements; and

                             (ii)  are consistent with those obligations;

                   (ab)  to the extent that Australia has obligations:

                              (i)  under international law; or

                             (ii)  under the Compliance Agreement or any other international agreement;

                            in relation to fishing activities by Australian-flagged boats on the high seas that are additional to the obligations referred to in paragraph (aa)--to devise and implement management regimes in relation to those activities that are consistent with those first-mentioned obligations; and

                    (ac)  to advise and assist in relation to the exercise of powers and the performance of functions under the Torres Strait Fisheries Act 1984 ;

                     (b)  to devise fisheries adjustment programs and fisheries restructuring programs;

                     (c)  to consult, and co-operate, with the industry and members of the public generally in relation to the activities of the Authority;

                     (d)  to devise exploratory and feasibility programs relating to fishing;

                   (da)  to manage and carry out:

                              (i)  programs referred to in paragraphs (b) and (d) that are devised by the Authority; and

                             (ii)  programs of a similar nature that are devised by other persons or bodies;

                     (e)  to establish priorities in respect of research relating to fisheries managed by the Authority and arrange for the undertaking of such research;

                    (ea)  to make arrangements in relation to the placement of persons as observers on board boats used for commercial fishing, including foreign fishing boats operating, or intended to operate, outside the Australian fishing zone if such placements are consistent with Australia's international obligations;

                      (f)  to consult, and negotiate, with foreign governments and foreign business interests in relation to access by foreign fishing vessels to Australian fisheries and Australian ports;

                    (fa)  to consult and exchange information with an entity in a State, Territory or foreign country that has similar functions to the Authority's functions;

                     (g)  to make its expertise in fisheries management available to the following entities (including by providing information technology, services or technical experts, for example):

                              (i)  an entity in the Commonwealth, a State, a Territory or a foreign country;

                             (ii)  another person;

                    (ga)  to liaise and co-operate with and, where obliged under this Act or any associated law or under international law or international agreements to do so, to give information to, overseas and international bodies on matters relating to global, regional or subregional fisheries management organisations or arrangements;

                  (gaa)  in addition to the collection of information in the exercise or performance of its other powers and functions--to collect, as authorised (within the meaning of subsection (4)), information relating to the following:

                              (i)  possible breaches of the laws of Australia or of a foreign country;

                             (ii)  the control and protection of Australia's borders;

                            (iii)  the administration and management of fisheries or marine environments;

                            (iv)  research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments;

                   (gb)  to disclose, as authorised (within the meaning of subsection (4)), information, including personal information, relating to the following:

                              (i)  possible breaches of the laws of Australia or of a foreign country;

                             (ii)  the control and protection of Australia's borders;

                            (iii)  the administration and management of fisheries or marine environments;

                            (iv)  research or monitoring conducted, or proposed to be conducted, into fisheries or marine environments;

                     (h)  the functions specified in section 9 relating to consultation;

                      (j)  the functions specified in Division 7 relating to corporate plans and annual operational plans;

                     (k)  the functions specified in this Part relating to reporting;

                    (m)  as provided by an associated law:

                              (i)  to establish and allocate fishing rights;

                             (ii)  to establish and maintain a register of fishing rights;

                            (iii)  functions relating to plans of management;

                            (iv)  functions relating to recreational fishing;

                             (v)  to undertake, on behalf of the Commonwealth, management responsibilities in relation to fisheries management arrangements entered into with the States and Territories;

                            (vi)  to collect, on behalf of the Commonwealth, a payment in the nature of a community return payable by persons exploiting fisheries resources;

                  (ma)  to take action in accordance with international law to deter the use of vessels on the high seas for activities that contravene or reduce the effectiveness of measures that are for the conservation and management of fish stocks and are established by:

                              (i)  a subregional or regional fisheries management organisation that Australia is a member of; or

                             (ii)  a subregional or regional fisheries management arrangement that Australia participates in;

                     (n)  such other functions as are conferred on the Authority by or under this Act or an associated law.

             (2)  The paragraphs of subsection (1) do not limit one another.

             (3)  In disclosing information in the course of an activity referred to in paragraph (1)(g), (ga), (gb) or (ma), the Authority may require that the information:

                     (a)  not be disclosed by the person or body to which it is provided; or

                     (b)  be disclosed only for such purposes, and on such conditions, as the Authority specifies.

             (4)  Collection or disclosure of information is authorised for the purposes of paragraph (1)(gaa) or (gb) if it is done in accordance with:

                     (a)  this Act, the Fisheries Management Act 1991 or the Torres Strait Fisheries Act 1984 ; or

                     (b)  regulations made under an Act mentioned in paragraph (a).