Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"AFMA staff member" means a member of the staff assisting the CEO (see section 68).
"AFZ" has the same meaning as in the Fisheries Management Act 1991 .
"associated law" means a law conferring powers and functions on the Authority.
"Australian-flagged boat" has the same meaning as in the Fisheries Management Act 1991 .
"Authority" means the Australian Fisheries Management Authority established by section 5.
"CEO" means the Chief Executive Officer (see subsection 10B(1)).
"co-management arrangement" has the meaning given in section 88.
"Commission" means the Commission established by subsection 10B(1).
"commissioner" means:
(a) a part - time commissioner; or
(b) the CEO.
"Compliance Agreement" has the same meaning as in the Fisheries Management Act 1991 .
"domestic fisheries management functions and powers" of the Authority means the functions and powers of the Authority, other than the foreign compliance functions and powers of the Authority .
Note: The functions and powers of the Authority are set out in sections 7 and 8, and include functions and powers under associated laws.
"e-monitoring data" has the same meaning as in the Fisheries Management Act 1991 .
"fishery" means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
(a) a species or type of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of boats;
(f) a class of persons;
(g) a purpose of activities.
"fishing concession" has the same meaning as in the Fisheries Management Act 1991 .
"foreign boat" has the same meaning as in the Fisheries Management Act 1991 .
"foreign compliance functions and powers" of the Authority means the functions and powers of the Authority as they relate to:
(a) foreign boats in the AFZ where the operation of the boat is not covered by a fishing concession, port permit or scientific permit, and persons or things on such boats; and
(b) boats outside the AFZ, and persons or things on such boats, other than where the boat is operating in an area where it is authorised to operate under a fishing concession.
Note: The functions and powers of the Authority are set out in sections 7 and 8, and include functions and powers under associated laws.
"governing body" , in relation to another body (whether incorporated or otherwise), means the persons having the management of the affairs of that other body.
"industry" means the fishing industry including the catching, processing and marketing sectors of that industry.
"part-time commissioner" means a person appointed as a part - time commissioner under subsection 12(1), and includes the Chairperson of the Commission.
"peak industry body" means such body (whether incorporated or otherwise) representative generally of persons engaged in the industry as is prescribed for the purposes of this definition.
"plan of management" means a plan of management of a fishery determined by the Authority under an associated law.
"port permit" has the same meaning as in the Fisheries Management Act 1991 .
"precautionary principle" has the same meaning as in clause 3.5.1 of the Intergovernmental Agreement on the Environment, a copy of which is set out in the Schedule to the National Environment Protection Council Act 1994 .
"primary stakeholder" in relation to a fishery means:
(a) the holder of a fishing concession in the fishery; or
(b) an incorporated body that represents those holders (including a peak body, for example); or
(c) a person prescribed by the regulations.
"principles of ecologically sustainable development" has the meaning given by section 6A.
"scientific permit" has the same meaning as in the Fisheries Management Act 1991 .
Note: Definitions relating only to Part 3 are in section 95.
(2) For the purposes of this Act:
(a) in relation to a fishery or a managed fishery that is identified by reference to an area, a reference to activities in the fishery or in the managed fishery includes activities in that area; and
(b) in relation to a fishery or a managed fishery that is identified by reference to any matter other than an area, a reference to activities in the fishery or in the managed fishery includes activities in relation to the fishery.
(3) If an arrangement under Division 3 of Part 5 of the Fisheries Management Act 1991 is varied, a reference in this Act to the arrangement is a reference to the arrangement as varied.