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2002
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
TORRES STRAIT FISHERIES AMENDMENT BILL 2002
EXPLANATORY MEMORANDUM
(Circulated by the Authority of the Minister for Forestry and Conservation, Senator the Hon Ian Macdonald)
49565 Cat.No. 021318 0 ISBN 1740 92821 0
TORRES STRAIT FISHERIES AMENDMENT BILL 2002
GENERAL OUTLINE
I. The Torres Strait Protected Zone Joint Authority (PZJA)
is the joint Commonwealth and Queensland Government body responsible for the
management of traditional and commercial fishing in
the Australian waters of the Torres Strait Protected Zone (TSPZ). The
PZJA currently comprises of the Commonwealth and Queensland ministers with
responsibility for fisheries.
2. The Torres Strait Fisheries Amendment Bill
(No. 1) 2002 will enact suitable amendments to the Torres Strait Fisheries
Act 1984, so as to allow for the appointment of the Chair of the
Torres Strait Regional Authority (TSRA) to the Torres Strait Protected Zone
Joint Authority (PZJA). The Bill will also include amendments to allow for
effective decision making in light of this appointment.
3. It is considered that the appointment will be a significant step in recognising the unique relationship between the Torres Strait Islander community and the region's fishery resources.
FINANCIAL IMPACT STATEMENT
4. Given the largely administrative nature of
the amendments, it is considered that the Bill will have low financial
significance for the Commonwealth Budget.
5. The only possible area of
increased expenditure relates to the costs associated with the participation of
the Chair of the Torres Strait Regional Authority (TSRA) in future PZJA
meetings. As all meetings of the PZJA will be held in the Torres Strait, it is
considered that any resultant costs will be minimal.
NOTES ON CLAUSES
Clause 1: Short Title
6. This clause provides for the Act to be called the Torres Strait Fisheries Amendment Act 2002
Clause 2: Commencement
7. This clause provides for the Act to commence on the day after the day on which it receives the Royal Assent.
Clause 3: Schedules
8. This clause provides for the amendments to the Act to appear in a separate schedule.
Schedule 1- Amendment of the Torres Strait Fisheries Act 1984
Clause 1:
Subsection 28(1)
9. This clause inserts a definition of the Chairperson of the Torres Strait Regional Authority (TSRA) for the purposes of the Act, noting that the office is defined by section 143L of the Aboriginal and Torres es Strait Islander Commission Act 1989. The clause also makes provision for those persons acting in the role of Chairperson (as is allowed by section 143M of the ATSIC Act)
Clause 1: Subsection 28(1)
10. This clause inserts a definition of the TSRA for the purposes of the Act, noting that the Authority is defined by section 142 of the Aboriginal and Torres Strait Islander Commission Act 1989.
Clause 1: Subsection 30(2)
11. This clause repeals the old definition of the Protected Zone Joint Authority (PZJA) and replaces it with the new definition, which includes the Chairperson of the TSRA.
Clause 1: After Subsection 30(5)
12. Paragraph 30(5A) gives the
Chairperson of the TSRA the power to formally appoint by writing a deputy or
deputies to represent him at PZJA meetings. This power is identical to that
provided to the other PZJA members.
13. Paragraph 30(5B) attempts to clarify
the status of such deputies where a person is acting as Chairperson of the TSRA.
In such an occurrence, any deputations made by the previous Chairperson are
considered suspended until that person resumes their role as Chairperson.
14.
Paragraph 30(5C) attempts to further clarify the status of deputies by stating
that those deputies who are appointed by an acting Chairperson are only
recognised for the period for which that person is acting.
15. Paragraph 30(5D) implements best legislative practice by allowing for the
establishment of conditions on any instrument that appoints 2 or more deputies
to act on behalf of a PZJA member. These conditions may specify under what
circumstances a particular person is to perform their duties as deputy
(including reference to other parties not being able to perform their duties as
deputy).
Clause 1. Parajuabbs 40Ma), IbLand Cc)
16. These paragraphs attempt to clarify who will preside over meetings of the PZJA. Under the amended Act, the Commonwealth Minister will continue to have primary responsibility for presiding over PZJA meetings, but when he/she is unavailable such responsibility will pass first to the Queensland Minister, then the Chairperson of the TSRA and finally to an appropriate Commonwealth deputy. As a Commonwealth representative is necessary to provide a quorum for a PZJA meeting, further clarification of this issue is considered unnecessary.
Clause 1: Subsection 40(2)
17. This clause changes the wording of subsection 40(2) to reflect the fact that under the new arrangements there will be 2 other members of the PZJA beyond the Commonwealth Minister, and as a consequence either of the other members will be able to request the Commonwealth Minister to convene a meeting of the PZJA.
Clause 1: Subsection 40(3)
18. This clause keeps the quorum for a PZJA meeting at 2 members, but adds the requirement that a Commonwealth representative must be present at all PZJA meetings. This amendment reflects the fact that the Act is a piece of Commonwealth legislation and that as Chair of the PZJA the Commonwealth Minister retains certain responsibilities for the decisions made by the Joint Authority.
Clause 1: Subsection 40(5)(B)
19. This clause allows both the Chairperson of the TSRA and the Queensland Minister to request the Commonwealth Minister to delay utilising the power granted to him/her under subsection 40(4) until appropriate consultations have been undertaken on the matter. Subsection 40(4) grants the Commonwealth Minister the power to decide a matter where the PZJA cannot come to a collective decision on an issue.
Clause 1: Subsection 40(6)
20. This clause changes the wording of subsection 40(6) to reflect the fact
that under the new arrangements there will 3 members of the PZJA. Therefore any
reference to "the other member" needs to be changed to "other
members".
Printed by Authority by the Commonwealth Government Printer
ISBN 174092821-0
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