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Fisheries Legislation Amendment Bill (No. 2) 2010

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2010

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

THE SENATE

 

 

Fisheries Legislation Amendment Bill (No. 2) 2010

 

 

Schedule of the amendments made by the Senate

 

 

 

 

 

(1)     Clause  2 , page 2 (table item  2 ), omit the table item, substitute:

2. Schedules 1 and 2

The 28th day after this Act receives the Royal Assent.

 

 

(2)     Clause  2 , page 2 (at the end of the table), add:

3. Schedule 3, Parts 1 and 2

The 28th day after this Act receives the Royal Assent.

 

4. Schedule 3, Part 3

The later of:

(a) the 28th day after this Act receives the Royal Assent; and

(b) the day the Agreement on Cooperative Enforcement of Fisheries Laws between the Government of Australia and the Government of the French Republic in the Maritime Areas Adjacent to the French Southern and Antarctic Territories, Heard Island and the McDonald Islands that was done at Paris on 8 January 2007 comes into force.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur before 30 June 2011.

The Minister must announce by notice in the Gazette the day the Agreement comes into force for Australia.

 

 

(3)     Schedule  3 , page 6 (after line 2) , after the Schedule heading, insert:

Part 1 Co-management arrangements and other regulatory reforms



 

(4)     Schedule  3 , page 9 (after line 11) , at the end of the Schedule, add:

Part 2 Illegal transiting of Australian fishing zone

12  Paragraph 101(1)(d)

Repeal the paragraph, substitute:

                     (d)  the boat’s fishing equipment is stowed and the boat is travelling, by the shortest practicable route, through the AFZ from a point beyond the outer limits of the AFZ to another such point; or

13  Paragraph 101A(4)(d)

Repeal the paragraph, substitute:

                     (d)  the boat’s fishing equipment is stowed and the boat is travelling, by the shortest practicable route, through the AFZ from a point beyond the outer limits of the AFZ to another such point; or

14  Paragraph 101AA(2)(d)

Repeal the paragraph, substitute:

                     (d)  the boat’s fishing equipment is stowed and the boat is travelling, by the shortest practicable route, through the AFZ from a point beyond the outer limits of the AFZ to another such point; or

(5)     Schedule  3 , page 9 (after line 11) , at the end of the Schedule (after proposed Part 2), add:

Part 3 Cooperative Enforcement Agreement

15  Subsection 4(1)

Insert:

cooperative enforcement has the meaning given by section 84B.

16  Subsection 4(1)

Insert:

Cooperative Enforcement Agreement has the meaning given by section 84B.

17  Subsection 4(1)

Insert:

international officer has the meaning given by section 84B.

18  After section 84AA

Insert:

84B   Cooperative Enforcement Agreement

Purpose

             (1)  The purpose of this section is to implement the Agreement on Cooperative Enforcement of Fisheries Laws between the Government of Australia and the Government of the French Republic in the Maritime Areas Adjacent to the French Southern and Antarctic Territories, Heard Island and the McDonald Islands that was done at Paris on 8 January 2007 (the Cooperative Enforcement Agreement ).



 

Note 1:       In 2010, the text of the Agreement was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Note 2:       The Agreement should be read together with the Treaty between the Government of Australia and the Government of the French Republic on cooperation in the Maritime Areas Adjacent to the French Southern and Antarctic Territories (TAAF), Heard Island and the McDonald Islands, that was done at Canberra on 24 November 2003. The text of the Treaty is set out in Australian Treaty Series 2005 No. 6 ([2005] ATS 6). In 2010, the text of a treaty in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

International officers

             (2)  An international officer may, for the purposes of conducting cooperative enforcement, exercise any of the powers of an officer in this Division. In doing so, the international officer is taken for the purposes of this Act to have exercised the power as an officer.

             (3)  The regulations may prescribe conditions for the exercise of a power by an international officer.

             (4)  Subsections 84(4) and (6) apply in relation to the exercise of a power by an international officer as if references in those subsections to the officer’s identity card were references to a document:

                     (a)  issued by an officer; and

                     (b)  identifying the international officer as an international officer authorised to conduct cooperative enforcement.

             (5)  An international officer is not liable to any civil or criminal proceedings in respect of anything done or omitted to be done in good faith in the exercise or purported exercise of a power conferred on an international officer by subsection (3).

Officers

             (6)  An officer may, for the purposes of conducting cooperative enforcement, exercise any powers conferred by the Government of the French Republic on officers in order to give effect to the Cooperative Enforcement Agreement.

             (7)  An officer is not liable to any civil or criminal proceedings in respect of anything done or omitted to be done in good faith in the exercise or purported exercise of a power referred to in subsection (6).

Definitions

             (8)  In this Act:

cooperative enforcement means cooperative enforcement, as defined in the Cooperative Enforcement Agreement, that is conducted in accordance with that Agreement.

international officer means a person who is authorised to conduct cooperative enforcement by a competent authority of the Government of the French Republic.

19  Subsection 87(1)

Omit “but not within the territorial sea of another country”.



 

20  After subsection 87(1)

Insert:

       (1AA)  Subsection (1) does not apply to a place within the territorial sea of another country, unless the other country has given written permission for the power to be exercised in the other country’s territorial sea (including permission given in a treaty, for example).

 

 

 

 

 

Rosemary Laing

Clerk of the Senate

 

 

The Senate

18 November 2010