Commonwealth Consolidated Regulations

FISHERIES MANAGEMENT REGULATIONS 1992 - REG 3

         (1)   In these Regulations, unless the contrary intention appears:

"Act" means the Fisheries Management Act 1991 .

"Australian port" means a port in Australia or an external Territory.

"authorised area" , in relation to a foreign boat, means an area in the AFZ in which the boat may be used to take, process or carry fish under a foreign fishing licence.

"coast radio station" means an Australian coast radio station operated by the Overseas Telecommunications Corporation or the Australian and Overseas Telecommunications Corporation.

"concession holder" means the holder of a licence, permit or right that is a fishing concession.

"declared fishery" means a fishery in respect of which AFMA has published a declaration under subsection 91 (1) of the Act.

"free area" , in relation to an applicant for, or the holder of, a fishing permit, means a part of a fishery:

                (a)    to which the permit applies; and

               (b)    in relation to which section 7 of the Fisheries Legislation (Consequential Provisions) Act 1991 does not apply.

"infringement notice" means a notice issued under regulation 38.

"nominated boat" , in relation to a fishing concession, means a boat that has been nominated for the fishing concession in accordance with regulation 9B.

operating , in relation to a vessel monitoring system, means sending a signal that:

                (a)    is in a format that has been approved by AFMA; and

               (b)    identifies accurately the location of the vessel monitoring system.

"relevant offence" means an offence against section 93 or 95 of the Act.

"relevant penalty" , in relation to a relevant offence, means the penalty prescribed in regulation 46.

"Southern Bluefin Tuna" has the meaning given in clause 3.1 of the Southern Bluefin Tuna Fishery Management Plan 1995.

"Subsidiary Agreement" means the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-line Fishing signed on 10 December 1991 and published by the Department.

"tender" means a tender for the grant of a fishing right.

"vessel monitoring system" has the meaning given by subsection 167B (4) of the Act.

         (2)   The origin of geographical coordinates used in these regulations is the Australian Geodetic Datum 1966 (AGD66).

         (3)    In these Regulations, unless the contrary intention appears, a reference to a fishery mentioned in regulation 4B is a reference to the fishery so mentioned.